1-1 By: Carriker S.B. No. 419
1-2 (In the Senate - Filed February 19, 1993; February 22, 1993,
1-3 read first time and referred to Committee on Education;
1-4 March 3, 1993, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; March 3, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the University of North Texas.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Subchapter A, Chapter 105, Education Code, is
1-24 amended by adding Section 105.02 to read as follows:
1-25 Sec. 105.02. DEFINITIONS. In this chapter:
1-26 (1) "Board" means the board of regents of the
1-27 University of North Texas.
1-28 (2) "University" means the University of North Texas.
1-29 SECTION 2. Subchapter C, Chapter 105, Education Code, is
1-30 amended by amending Sections 105.41 and 105.44 and adding Sections
1-31 105.43 and 105.46 through 105.50 to read as follows:
1-32 Sec. 105.41. GENERAL POWERS AND DUTIES. (a) The board
1-33 shall manage and control the university.
1-34 (b) The board may:
1-35 (1) erect, equip, and repair university buildings;
1-36 (2) purchase libraries, furniture, equipment, fuel,
1-37 and supplies necessary to operate the university;
1-38 (3) employ and discharge personnel, including faculty,
1-39 to carry out the powers and duties of the university;
1-40 (4) adopt rules and policies for the administration of
1-41 its powers and duties;
1-42 (5) perform other acts that contribute to the
1-43 development of the university or the welfare of university
1-44 students; and
1-45 (6) delegate a power or duty of the board to an
1-46 officer, employee, or committee designated by the board <EXTENT OF
1-47 POWERS. With respect to the management and control of the
1-48 university, the board has the same powers and duties that are
1-49 conferred on the Board of Regents, State Senior Colleges, with
1-50 respect to institutions in that system>.
1-51 Sec. 105.43. ADMISSIONS, COURSES, AND DEGREES. (a) The
1-52 board may prescribe the number of students that may be admitted to
1-53 a course, department, school, college, or degree program under its
1-54 governance.
1-55 (b) The board, with the approval of the Texas Higher
1-56 Education Coordinating Board, may prescribe courses leading to
1-57 customary degrees as are offered at leading American educational
1-58 institutions and may award those degrees and their equivalents.
1-59 (c) A new department, school, or degree program may not be
1-60 instituted without the prior approval of the Texas Higher Education
1-61 Coordinating Board.
1-62 Sec. 105.44. Eminent Domain: Restriction. (a) The board
1-63 may exercise the power of eminent domain to acquire land for the
1-64 use of the university.
1-65 (b) The board must exercise the power of eminent domain in
1-66 the manner provided by Chapter 21, Property Code, but the board is
1-67 not required to provide a bond for appeal or a bond for costs.
1-68 (c) The board may not use the power of eminent domain to
2-1 acquire land that is dedicated to a public use by another
2-2 governmental entity.
2-3 Sec. 105.46. FUNDS RECEIVED FOR TRUST SERVICES. (a) The
2-4 board may deposit in an appropriate university account outside the
2-5 state treasury all funds received as administrative fees or charges
2-6 for services rendered in the management or administration of a
2-7 trust estate under the control of the university.
2-8 (b) The funds under Subsection (a) of this section may be
2-9 spent by the board for any educational purpose of the university.
2-10 Sec. 105.47. DISBURSEMENT OF FUNDS. (a) Except as
2-11 otherwise provided by law, the board shall disburse all
2-12 appropriations to the university.
2-13 (b) Except as otherwise provided by law, the board may adopt
2-14 rules for:
2-15 (1) the disbursal of appropriations and other funds;
2-16 (2) the auditing and approval of university accounts;
2-17 and
2-18 (3) the issuance of university vouchers and warrants.
2-19 Sec. 105.48. UNIVERSITY PROPERTY. (a) The board has the
2-20 sole and exclusive management and control of university lands.
2-21 (b) The board may acquire by purchase, donation, exchange,
2-22 condemnation, or otherwise:
2-23 (1) land, including improvements, for the use of the
2-24 university; and
2-25 (2) other real property that is necessary or
2-26 convenient to carry out the purposes of state-supported
2-27 institutions of higher education.
2-28 (c) Except as otherwise provided by law, the board may sell,
2-29 exchange, lease, or dispose of any land or other real property
2-30 owned by or acquired for the board or the university.
2-31 Sec. 105.49. VENUE AND SERVICE OF PROCESS. (a) Except as
2-32 otherwise required by law, venue for a suit filed against the
2-33 university, the board, or officers or employees of the university
2-34 is in Denton County.
2-35 (b) Service of citation and other required process must be
2-36 made on the attorney general and on an individual named by board
2-37 rule as a representative of the board.
2-38 Sec. 105.50. CONTRACTS. (a) Except as provided by
2-39 Subsection (b) of this section, a contract with the university must
2-40 be approved by the board.
2-41 (b) The board by rule may delegate to a representative of
2-42 the board the authority to negotiate, execute, and approve a
2-43 contract with the university.
2-44 (c) A contract that is not approved in accordance with this
2-45 section is void.
2-46 SECTION 3. This Act takes effect September 1, 1993, and
2-47 applies only to actions filed on or after that date. An action
2-48 filed before September 1, 1993, is governed by the law in effect at
2-49 the time the action was filed, and that law is continued in effect
2-50 for that purpose only.
2-51 SECTION 4. The importance of this legislation and the
2-52 crowded condition of the calendars in both houses create an
2-53 emergency and an imperative public necessity that the
2-54 constitutional rule requiring bills to be read on three several
2-55 days in each house be suspended, and this rule is hereby suspended.
2-56 * * * * *
2-57 Austin,
2-58 Texas
2-59 March 3, 1993
2-60 Hon. Bob Bullock
2-61 President of the Senate
2-62 Sir:
2-63 We, your Committee on Education to which was referred S.B. No. 419,
2-64 have had the same under consideration, and I am instructed to
2-65 report it back to the Senate with the recommendation that it do
2-66 pass and be printed.
2-67 Ratliff,
2-68 Chairman
2-69 * * * * *
2-70 WITNESSES
3-1 FOR AGAINST ON
3-2 ___________________________________________________________________
3-3 Name: Don Rives x
3-4 Representing: University of North Texas
3-5 City: Austin
3-6 -------------------------------------------------------------------
3-7 Name: Richard Rafes x
3-8 Representing: UNT
3-9 City: Denton
3-10 -------------------------------------------------------------------
3-11 Name: Alfred F. Hurley x
3-12 Representing: University of North Texas
3-13 City: Denton
3-14 -------------------------------------------------------------------