By: Carriker S.B. No. 419
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the University of North Texas.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter A, Chapter 105, Education Code, is
1-4 amended by adding Section 105.02 to read as follows:
1-5 Sec. 105.02. DEFINITIONS. In this chapter:
1-6 (1) "Board" means the board of regents of the
1-7 University of North Texas.
1-8 (2) "University" means the University of North Texas.
1-9 SECTION 2. Subchapter C, Chapter 105, Education Code, is
1-10 amended by amending Sections 105.41 and 105.44 and adding Sections
1-11 105.43 and 105.46 through 105.50 to read as follows:
1-12 Sec. 105.41. GENERAL POWERS AND DUTIES. (a) The board
1-13 shall manage and control the university.
1-14 (b) The board may:
1-15 (1) erect, equip, and repair university buildings;
1-16 (2) purchase libraries, furniture, equipment, fuel,
1-17 and supplies necessary to operate the university;
1-18 (3) employ and discharge personnel, including faculty,
1-19 to carry out the powers and duties of the university;
1-20 (4) adopt rules and policies for the administration of
1-21 its powers and duties;
1-22 (5) perform other acts that contribute to the
1-23 development of the university or the welfare of university
1-24 students; and
2-1 (6) delegate a power or duty of the board to an
2-2 officer, employee, or committee designated by the board <EXTENT OF
2-3 POWERS. With respect to the management and control of the
2-4 university, the board has the same powers and duties that are
2-5 conferred on the Board of Regents, State Senior Colleges, with
2-6 respect to institutions in that system>.
2-7 Sec. 105.43. ADMISSIONS, COURSES, AND DEGREES. (a) The
2-8 board may prescribe the number of students that may be admitted to
2-9 a course, department, school, college, or degree program under its
2-10 governance.
2-11 (b) The board, with the approval of the Texas Higher
2-12 Education Coordinating Board, may prescribe courses leading to
2-13 customary degrees as are offered at leading American educational
2-14 institutions and may award those degrees and their equivalents.
2-15 (c) A new department, school, or degree program may not be
2-16 instituted without the prior approval of the Texas Higher Education
2-17 Coordinating Board.
2-18 Sec. 105.44. Eminent Domain: Restriction. (a) The board
2-19 may exercise the power of eminent domain to acquire land for the
2-20 use of the university.
2-21 (b) The board must exercise the power of eminent domain in
2-22 the manner provided by Chapter 21, Property Code, but the board is
2-23 not required to provide a bond for appeal or a bond for costs.
2-24 (c) The board may not use the power of eminent domain to
2-25 acquire land that is dedicated to a public use by another
2-26 governmental entity.
2-27 Sec. 105.46. FUNDS RECEIVED FOR TRUST SERVICES. (a) The
3-1 board may deposit in an appropriate university account outside the
3-2 state treasury all funds received as administrative fees or charges
3-3 for services rendered in the management or administration of a
3-4 trust estate under the control of the university.
3-5 (b) The funds under Subsection (a) of this section may be
3-6 spent by the board for any educational purpose of the university.
3-7 Sec. 105.47. DISBURSEMENT OF FUNDS. (a) Except as
3-8 otherwise provided by law, the board shall disburse all
3-9 appropriations to the university.
3-10 (b) Except as otherwise provided by law, the board may adopt
3-11 rules for:
3-12 (1) the disbursal of appropriations and other funds;
3-13 (2) the auditing and approval of university accounts;
3-14 and
3-15 (3) the issuance of university vouchers and warrants.
3-16 Sec. 105.48. UNIVERSITY PROPERTY. (a) The board has the
3-17 sole and exclusive management and control of university lands.
3-18 (b) The board may acquire by purchase, donation, exchange,
3-19 condemnation, or otherwise:
3-20 (1) land, including improvements, for the use of the
3-21 university; and
3-22 (2) other real property that is necessary or
3-23 convenient to carry out the purposes of state-supported
3-24 institutions of higher education.
3-25 (c) Except as otherwise provided by law, the board may sell,
3-26 exchange, lease, or dispose of any land or other real property
3-27 owned by or acquired for the board or the university.
4-1 Sec. 105.49. VENUE AND SERVICE OF PROCESS. (a) Except as
4-2 otherwise required by law, venue for a suit filed against the
4-3 university, the board, or officers or employees of the university
4-4 is in Denton County.
4-5 (b) Service of citation and other required process must be
4-6 made on the attorney general and on an individual named by board
4-7 rule as a representative of the board.
4-8 Sec. 105.50. CONTRACTS. (a) Except as provided by
4-9 Subsection (b) of this section, a contract with the university must
4-10 be approved by the board.
4-11 (b) The board by rule may delegate to a representative of
4-12 the board the authority to negotiate, execute, and approve a
4-13 contract with the university.
4-14 (c) A contract that is not approved in accordance with this
4-15 section is void.
4-16 SECTION 3. This Act takes effect September 1, 1993, and
4-17 applies only to actions filed on or after that date. An action
4-18 filed before September 1, 1993, is governed by the law in effect at
4-19 the time the action was filed, and that law is continued in effect
4-20 for that purpose only.
4-21 SECTION 4. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.