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.