By: Montford S.B. No. 618
73R6141 SOS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing the issuance of tuition revenue bonds for
1-3 certain public institutions of higher education in this state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 55.01, Education Code, is amended by
1-6 adding Subdivision (3) to read as follows:
1-7 (3) "Border area" means the following
1-8 counties: Atascosa, Bee, Bexar, Brewster, Brooks, Cameron,
1-9 Crockett, Culberson, Dimmit, Duval, Edwards, El Paso, Frio,
1-10 Hidalgo, Hudspeth, Jeff Davis, Jim Hogg, Jim Wells, Karnes, Kenedy,
1-11 Kinney, Kleberg, La Salle, Live Oak, McMullen, Maverick, Medina,
1-12 Nueces, Pecos, Presidio, Reeves, San Patricio, Starr, Sutton,
1-13 Terrell, Uvalde, Val Verde, Webb, Willacy, Zapata, and Zavala.
1-14 SECTION 2. Section 55.1711, Education Code, is amended by
1-15 adding Subsection (c) to read as follows:
1-16 (c) The board of regents of The Texas A&M University System
1-17 may acquire, purchase, construct, improve, enlarge, and equip
1-18 property, buildings, structures, and facilities for Corpus Christi
1-19 State University. Beginning September 1, 1993, the board may issue
1-20 bonds under this subchapter in an aggregate principal amount not to
1-21 exceed $13 million to finance those items. Beginning September 1,
1-22 1995, the board may issue bonds under this subchapter in an
1-23 additional aggregate principal amount not to exceed $9 million to
1-24 finance those items. The board may pledge irrevocably to the
2-1 payment of those bonds all or any part of the aggregate amount of
2-2 student tuition charges required or authorized by law to be imposed
2-3 on students enrolled at Corpus Christi State University or at a
2-4 component of The Texas A&M University System that is not located in
2-5 the border area. The amount of a pledge made under this subsection
2-6 may not be reduced or abrogated while the bonds for which the
2-7 pledge is made, or bonds issued to refund those bonds, are
2-8 outstanding.
2-9 SECTION 3. Section 55.1712, Education Code, is amended to
2-10 read as follows:
2-11 Sec. 55.1712. LAREDO STATE UNIVERSITY. (a) The board of
2-12 regents of The Texas A&M University System may acquire, purchase,
2-13 construct, improve, enlarge, and equip property, buildings,
2-14 structures, facilities, roads, and related infrastructure for
2-15 Laredo State University.
2-16 <(b)> The board may finance those items <listed under
2-17 Subsection (a) of this section> through the issuance of bonds under
2-18 this subchapter and in accordance with its existing system-wide
2-19 revenue financing program. The board may pledge irrevocably to the
2-20 payment of those bonds all or any part of the aggregate amount of
2-21 student tuition charges required or authorized by law to be imposed
2-22 on students enrolled at Laredo State University. The amount of a
2-23 pledge made under this subsection may not be reduced or abrogated
2-24 while the bonds for which the pledge is made, or bonds issued to
2-25 refund those bonds, are outstanding.
2-26 <(c)> Bonds issued under this subsection <section> may not
2-27 be issued in an aggregate principal amount exceeding $30 million.
3-1 (b) The board of regents of The Texas A&M University System
3-2 may acquire, purchase, construct, or renovate buildings,
3-3 facilities, furnishings, and equipment for Laredo State University.
3-4 Beginning September 1, 1993, the board may issue bonds under this
3-5 subchapter in an aggregate principal amount not to exceed $20
3-6 million to finance those items. Beginning September 1, 1995, the
3-7 board may issue bonds under this subchapter in an additional
3-8 aggregate principal amount not to exceed $16 million to finance
3-9 those items. The board may pledge irrevocably to the payment of
3-10 those bonds all or any part of the aggregate amount of student
3-11 tuition charges required or authorized by law to be imposed on
3-12 students enrolled at Laredo State University or at a component of
3-13 The Texas A&M University System that is not located in the border
3-14 area. The amount of a pledge made under this subsection may not be
3-15 reduced or abrogated while the bonds for which the pledge is made,
3-16 or bonds issued to refund those bonds, are outstanding.
3-17 SECTION 4. Subchapter B, Chapter 55, Education Code, is
3-18 amended by adding Sections 55.1713-55.1719 to read as follows:
3-19 Sec. 55.1713. TEXAS A&I UNIVERSITY. (a) The board of
3-20 regents of The Texas A&M University System may acquire, purchase,
3-21 construct, improve, enlarge, and equip property, buildings, plants,
3-22 structures, and facilities, and may make farm improvements for
3-23 Texas A&I University.
3-24 (b) Beginning September 1, 1993, the board may issue bonds
3-25 under this subchapter in an aggregate principal amount not to
3-26 exceed $7 million to finance those items. Beginning September 1,
3-27 1995, the board may issue bonds under this subchapter in an
4-1 additional aggregate principal amount not to exceed $10 million to
4-2 finance those items.
4-3 (c) The board may pledge irrevocably to the payment of those
4-4 bonds all or any part of the aggregate amount of student tuition
4-5 charges required or authorized by law to be imposed on students
4-6 enrolled at Texas A&I University or at a component of The Texas A&M
4-7 University System that is not located in the border area. The
4-8 amount of a pledge made under this subsection may not be reduced or
4-9 abrogated while the bonds for which the pledge is made, or bonds
4-10 issued to refund those bonds, are outstanding.
4-11 Sec. 55.1714. THE UNIVERSITY OF TEXAS AT BROWNSVILLE. (a)
4-12 The board of regents of The University of Texas System may acquire,
4-13 purchase, construct, improve, enlarge, and equip buildings and
4-14 facilities for The University of Texas at Brownsville.
4-15 (b) Beginning September 1, 1993, the board may issue bonds
4-16 under this subchapter in an aggregate principal amount not to
4-17 exceed $23.5 million to finance those items.
4-18 (c) The board may pledge irrevocably to the payment of those
4-19 bonds all or any part of the aggregate amount of student tuition
4-20 charges required or authorized by law to be imposed on students
4-21 enrolled at The University of Texas at Brownsville or at a
4-22 component of The University of Texas System that is not located in
4-23 the border area. The amount of a pledge made under this subsection
4-24 may not be reduced or abrogated while the bonds for which the
4-25 pledge is made, or bonds issued to refund those bonds, are
4-26 outstanding.
4-27 Sec. 55.1715. THE UNIVERSITY OF TEXAS AT EL PASO. (a) The
5-1 board of regents of The University of Texas System may acquire,
5-2 purchase, construct, renovate, enlarge, and equip buildings and
5-3 facilities for The University of Texas at El Paso.
5-4 (b) Beginning September 1, 1993, the board may issue bonds
5-5 under this subchapter in an aggregate principal amount not to
5-6 exceed $23 million to finance those items.
5-7 (c) The board may pledge irrevocably to the payment of those
5-8 bonds all or any part of the aggregate amount of student tuition
5-9 charges required or authorized by law to be imposed on students
5-10 enrolled at The University of Texas at El Paso or at a component of
5-11 The University of Texas System that is not located in the border
5-12 area. The amount of a pledge made under this subsection may not be
5-13 reduced or abrogated while the bonds for which the pledge is made,
5-14 or bonds issued to refund those bonds, are outstanding.
5-15 Sec. 55.1716. THE UNIVERSITY OF TEXAS AT SAN ANTONIO. (a)
5-16 The board of regents of The University of Texas System may acquire,
5-17 purchase, construct, renovate, enlarge, and equip buildings and
5-18 facilities and acquire and equip a downtown campus for The
5-19 University of Texas at San Antonio.
5-20 (b) Beginning September 1, 1993, the board may issue bonds
5-21 under this subchapter in an aggregate principal amount not to
5-22 exceed $36.5 million to finance those items. Beginning September
5-23 1, 1995, the board may issue bonds under this subchapter in an
5-24 additional aggregate principal amount not to exceed $27 million to
5-25 finance those items.
5-26 (c) The board may pledge irrevocably to the payment of those
5-27 bonds all or any part of the aggregate amount of student tuition
6-1 charges required or authorized by law to be imposed on students
6-2 enrolled at The University of Texas at San Antonio or at a
6-3 component of The University of Texas System that is not located in
6-4 the border area. The amount of a pledge made under this subsection
6-5 may not be reduced or abrogated while the bonds for which the
6-6 pledge is made, or bonds issued to refund those bonds, are
6-7 outstanding.
6-8 Sec. 55.1717. THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER
6-9 AT SAN ANTONIO. (a) The board of regents of The University of
6-10 Texas System may acquire, purchase, construct, improve, enlarge,
6-11 and equip buildings and facilities for The University of Texas
6-12 Health Science Center at San Antonio.
6-13 (b) Beginning September 1, 1993, the board may issue bonds
6-14 under this subchapter in an aggregate principal amount not to
6-15 exceed $173 million to finance those items.
6-16 (c) The board may pledge irrevocably to the payment of those
6-17 bonds all or any part of the aggregate amount of student tuition
6-18 charges required or authorized by law to be imposed on students
6-19 enrolled at The University of Texas Health Science Center at San
6-20 Antonio or at a component of The University of Texas System that is
6-21 not located in the border area. The amount of a pledge made under
6-22 this subsection may not be reduced or abrogated while the bonds for
6-23 which the pledge is made, or bonds issued to refund those bonds,
6-24 are outstanding.
6-25 Sec. 55.1718. THE UNIVERSITY OF TEXAS AT AUSTIN. (a) The
6-26 board of regents of The University of Texas System may acquire,
6-27 purchase, construct, improve, enlarge, or equip the law school
7-1 advocacy center and the McDonald Observatory.
7-2 (b) Beginning September 1, 1993, the board may issue bonds
7-3 under this subchapter in an aggregate principal amount not to
7-4 exceed $10 million to finance those items.
7-5 (c) The board may pledge irrevocably to the payment of those
7-6 bonds all or any part of the aggregate amount of student tuition
7-7 charges required or authorized by law to be imposed on students
7-8 enrolled at The University of Texas at Austin. The amount of a
7-9 pledge made under this subsection may not be reduced or abrogated
7-10 while the bonds for which the pledge is made, or bonds issued to
7-11 refund those bonds, are outstanding.
7-12 Sec. 55.1719. UNIVERSITY OF HOUSTON--DOWNTOWN. (a) The
7-13 board of regents of the University of Houston System may acquire,
7-14 purchase, construct, renovate, enlarge, and equip buildings,
7-15 facilities, and infrastructure for the University of
7-16 Houston--Downtown.
7-17 (b) Beginning September 1, 1993, the board may issue bonds
7-18 under this subchapter in an aggregate principal amount not to
7-19 exceed $15.6 million to finance those items. Beginning September
7-20 1, 1995, the board may issue bonds under this subchapter in an
7-21 additional aggregate principal amount not to exceed $6.8 million to
7-22 finance those items.
7-23 (c) The board may pledge irrevocably to the payment of those
7-24 bonds all or any part of the aggregate amount of student tuition
7-25 charges required or authorized by law to be imposed on students
7-26 enrolled at the University of Houston--Downtown or at a component
7-27 of the University of Houston System. The amount of a pledge made
8-1 under this subsection may not be reduced or abrogated while the
8-2 bonds for which the pledge is made, or bonds issued to refund those
8-3 bonds, are outstanding.
8-4 SECTION 5. Section 55.172, Education Code, is amended by
8-5 adding Subsection (a-1) to read as follows:
8-6 (a-1) The board of regents of The University of Texas System
8-7 may acquire, purchase, construct, renovate, enlarge, and equip
8-8 buildings and facilities for The University of Texas--Pan American.
8-9 Beginning September 1, 1993, the board may issue bonds under this
8-10 subchapter in an aggregate principal amount not to exceed $26
8-11 million to finance those items. The board may pledge irrevocably
8-12 to the payment of those bonds all or any part of the aggregate
8-13 amount of student tuition charges required or authorized by law to
8-14 be imposed on students enrolled at The University of Texas--Pan
8-15 American or at a component of The University of Texas System that
8-16 is not located in the border area. The amount of a pledge made
8-17 under this subsection may not be reduced or abrogated while the
8-18 bonds for which the pledge is made, or bonds issued to refund those
8-19 bonds, are outstanding.
8-20 SECTION 6. Section 61.058, Education Code, is amended to
8-21 read as follows:
8-22 Sec. 61.058. New Construction and Repair and Rehabilitation
8-23 Projects. (a) Except as provided by Subsection (b) of this
8-24 section, the <The> board shall approve or disapprove all new
8-25 construction and repair and rehabilitation of all buildings and
8-26 facilities at institutions of higher education financed from any
8-27 source provided that:
9-1 (A) the board's consideration and determination shall
9-2 be limited to the purpose for which the new or remodeled buildings
9-3 are to be used to assure conformity with approved space utilization
9-4 standards and the institution's approved programs and role and
9-5 mission if the cost of the project is not more than $600,000, but
9-6 the board may consider cost factors and the financial implications
9-7 of the project to the state if the total cost is in excess of
9-8 $600,000;
9-9 (B) the requirement of approval for new construction
9-10 applies only to projects the total cost of which is in excess of
9-11 $300,000;
9-12 (C) the requirement of approval for major repair and
9-13 rehabilitation of buildings and facilities applies only to a
9-14 project the total cost of which is more than $600,000;
9-15 (D) the requirement of approval or disapproval by the
9-16 board does not apply to any new construction or major repair and
9-17 rehabilitation project that is specifically approved by the
9-18 legislature;
9-19 (E) the requirement of approval by the board does not
9-20 apply to a junior college's construction, repair, or rehabilitation
9-21 financed entirely with funds from a source other than the state,
9-22 including funds from ad valorem tax receipts of the college, gifts,
9-23 grants, and donations to the college, and student fees; and
9-24 (F) the requirement of approval by the board does not
9-25 apply to construction, repair, or rehabilitation of privately owned
9-26 buildings and facilities located on land leased from an institution
9-27 of higher education if the construction, repair, or rehabilitation
10-1 is financed entirely from funds not under the control of the
10-2 institution, and provided further that:
10-3 (i) the buildings and facilities are to be used
10-4 exclusively for auxiliary enterprises; and
10-5 (ii) the buildings and facilities will not
10-6 require appropriations from the legislature for operation,
10-7 maintenance, or repair unless approval by the board has been
10-8 obtained.
10-9 (b) This section does not apply to construction, repair, or
10-10 rehabilitation financed by bonds issued under Section 55.1711(c),
10-11 55.1712(b), 55.1713-55.1719, or 55.172(a-1) of this code.
10-12 SECTION 7. The importance of this legislation and the
10-13 crowded condition of the calendars in both houses create an
10-14 emergency and an imperative public necessity that the
10-15 constitutional rule requiring bills to be read on three several
10-16 days in each house be suspended, and this rule is hereby suspended,
10-17 and that this Act take effect and be in force from and after its
10-18 passage, and it is so enacted.