By: Carriker S.B. No. 419
73R4164 SOS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the University of North Texas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 105, Education Code, is
1-5 amended by adding Section 105.02 to read as follows:
1-6 Sec. 105.02. DEFINITIONS. In this chapter:
1-7 (1) "Board" means the board of regents of the
1-8 University of North Texas.
1-9 (2) "University" means the University of North Texas.
1-10 SECTION 2. Subchapter C, Chapter 105, Education Code, is
1-11 amended by amending Sections 105.41 and 105.44 and adding Sections
1-12 105.43 and 105.46-105.50 to read as follows:
1-13 Sec. 105.41. GENERAL POWERS AND DUTIES. (a) The board
1-14 shall manage and control the university.
1-15 (b) The board may:
1-16 (1) erect, equip, and repair university buildings;
1-17 (2) purchase libraries, furniture, equipment, fuel,
1-18 and supplies necessary to operate the university;
1-19 (3) employ and discharge personnel, including faculty,
1-20 to carry out the powers and duties of the university;
1-21 (4) adopt rules and policies for the administration of
1-22 its powers and duties;
1-23 (5) perform other acts that contribute to the
1-24 development of the university or the welfare of university
2-1 students; and
2-2 (6) delegate a power or duty of the board to an
2-3 officer, employee, or committee designated by the board <EXTENT OF
2-4 POWERS. With respect to the management and control of the
2-5 university, the board has the same powers and duties that are
2-6 conferred on the Board of Regents, State Senior Colleges, with
2-7 respect to institutions in that system>.
2-8 Sec. 105.43. ADMISSIONS, COURSES, AND DEGREES. (a) The
2-9 board may prescribe the number of students that may be admitted to
2-10 a course, department, school, college, or degree program under its
2-11 governance.
2-12 (b) The board, with the approval of the Texas Higher
2-13 Education Coordinating Board, may prescribe courses leading to
2-14 customary degrees as are offered at leading American education
2-15 institutions and may award those degrees and their equivalents.
2-16 (c) A new department, school, or degree program may not be
2-17 instituted without the prior approval of the Texas Higher Education
2-18 Coordinating Board.
2-19 Sec. 105.44. Eminent Domain: Restriction. (a) The board
2-20 may exercise the power of eminent domain to acquire land for the
2-21 use of the university.
2-22 (b) The board must exercise the power of eminent domain in
2-23 the manner provided by Chapter 21, Property Code, but the board is
2-24 not required to provide a bond for appeal or a bond for costs.
2-25 (c) The board may not use the power of eminent domain to
2-26 acquire land that is dedicated to a public use by another
2-27 governmental entity.
3-1 Sec. 105.46. FUNDS RECEIVED FOR TRUST SERVICES. (a) The
3-2 board may deposit in an appropriate university account outside the
3-3 state treasury all funds received as administrative fees or charges
3-4 for services rendered in the management or administration of a
3-5 trust estate under the control of the university.
3-6 (b) The funds under Subsection (a) of this section may be
3-7 spent by the board for any educational purpose of the university.
3-8 Sec. 105.47. DISBURSEMENT OF FUNDS. (a) Except as
3-9 otherwise provided by law, the board shall disburse all
3-10 appropriations to the university.
3-11 (b) Except as otherwise provided by law, the board may adopt
3-12 rules for:
3-13 (1) the disbursal of appropriations and other funds;
3-14 (2) the auditing and approval of university accounts;
3-15 and
3-16 (3) the issuance of university vouchers and warrants.
3-17 Sec. 105.48. UNIVERSITY PROPERTY. (a) The board has the
3-18 sole and exclusive management and control of university lands.
3-19 (b) The board may acquire by purchase, donation, exchange,
3-20 condemnation, or otherwise:
3-21 (1) land, including improvements, for the use of the
3-22 university; and
3-23 (2) other real property that is necessary or
3-24 convenient to carry out the purposes of state-supported
3-25 institutions of higher education.
3-26 (c) Except as otherwise provided by law, the board may sell,
3-27 exchange, lease, or dispose of any land or other real property
4-1 owned by or acquired for the board or the university.
4-2 Sec. 105.49. VENUE AND SERVICE OF PROCESS. (a) Except as
4-3 otherwise required by law, venue for a suit filed against the
4-4 university, board, or officers or employees of the university is in
4-5 Denton County.
4-6 (b) Service of citation and other required process must be
4-7 made on the attorney general and on an individual named by board
4-8 rule as a representative of the board.
4-9 Sec. 105.50. CONTRACTS. (a) Except as provided by
4-10 Subsection (b) of this section, a contract with the university must
4-11 be approved by the board.
4-12 (b) The board by rule may delegate to a representative of
4-13 the board the authority to negotiate, execute, and approve a
4-14 contract with the university.
4-15 (c) A contract that is not approved in accordance with this
4-16 section is void.
4-17 SECTION 3. This Act takes effect September 1, 1993, and
4-18 applies only to actions filed on or after that date. An action
4-19 filed before September 1, 1993, is governed by the law in effect at
4-20 the time the action was filed, and that law is continued in effect
4-21 for that purpose only.
4-22 SECTION 4. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended.