BILL ANALYSIS
C.S.H.B. 2247
By: Black
May 5, 1995
Committee Report (Substituted)
BACKGROUND
In 1989, the 71st Legislature passed House Bill 2853 and Central
Texas University was created. This legislation combined two of the
two-year institutions into one four-year co-educational institution
of higher education.
PURPOSE
If enacted, C.S.H.B. 2247 allows the transfer of governance of the
University of Central Texas to the board of regents of the Texas
A&M University System.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill in SECTION 2 (c) and
SECTION 8 (Sec. 87.602 (a) (5), Education Code) does expressly
grant additional rulemaking authority to the board of regents of
the Texas A&M University System.
SECTION BY SECTION ANALYSIS
SECTION 1. TRANSFER OF GOVERNANCE OF UNIVERSITY. (a) Allows the
organization, management and control of the University of Central
Texas to be transferred to the board of regents of the Texas A&M
University System. Approval of the transfer by the Texas Higher
Education Coordinating Board is required. If a transfer is agreed
upon and approved, the transfer is subject to Sections 2 through 7
of this Act. When the transfer takes effect, the institution shall
be known as Texas A&M University - Central Texas.
SECTION 2. POWERS AND DUTIES; RULES AND POLICIES. (a) The board
of regents of the Texas A&M University System shall undertake to
govern, operate, manage and control Texas A&M University - Central
Texas. (b) Texas A&M University - Central Texas may continue to
award degrees identical to the ones under the University of Central
Texas. (c) Rules and policies under the University of Central
Texas still apply until adopted, repealed, or superseded. New
rules may be adopted by the board of regents of the Texas A&M
University System.
SECTION 3. CONTRACTS AND WRITTEN OBLIGATIONS. For all contracts
and written obligations of every kind, the board of regents of the
Texas A&M University System will act in place of the board of
regents of the University of Central Texas.
SECTION 4. EFFECT OF TRANSFER ON EMPLOYEES. The transfer does not
effect employment status or benefits of the employees at the
University of Central Texas.
SECTION 5. CURRENT FUNDING. All funds for the benefit of the
University of Central Texas are transferred for the use and benefit
of the Texas A&M University - Central Texas.
SECTION 6. EFFECT OF TRANSFER ON STUDENTS. The transfer does not
affect the credit hours earned before the effective date of this
Act.
SECTION 7. LEGISLATIVE INTENT. The legislature's intent is to
transfer governance. This act does not create an institution of
higher education entitled to funds under Section 17 and 18, Article
VII, Texas Constitution.
SECTION 8. AMENDMENT. If the transfer authorized by Section 1
takes into effect, Chapter 87, is amended by adding Subchapter G to
read as follows:
SUBCHAPTER G. TEXAS A&M UNIVERSITY-CENTRAL TEXAS
Sec. 87.601. TEXAS A&M UNIVERSITY - CENTRAL TEXAS. (a)
Provides that this institution is a coeducational upper-level
institution in Killeen and under governance of the board of regents
of the Texas A&M University System. (b) The board has the same
powers and duties by law concerning Texas A&M University. (c)
Junior, senior and graduate-level students may be accepted.
Sec. 87.602. POWERS OF THE BOARD. (a) The board may
prescribe courses leading to degrees; award the degrees; enter into
affiliation or coordination agreement with an entity; make joint
appointments with another institution within the Texas A&M
University System; and adopt rules necessary, including rules
governing the number of students admitted to any program. (b)
Salaries of persons receiving joint appointments is apportioned
among the institutions.
SECTION 9. Emergency clause.
Effective date: upon passage.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The original bill's caption has been revised in the committee
substitute.
The original bill amends Chapter 113 by adding Subchapter D. The
committee substitute amends Chapter 87 by adding Subchapter G.
In Sec. 113.42, the original bill does not specify which governing
board of another institution or university system the Central Texas
University would be transferred. In Section 1, the committee
substitute specifies that the University of Central Texas will be
transferred to the Texas A&M University System.
The original bill deals with Central Texas University while the
committee substitute focuses on the University of Central Texas.
The sections pertaining to the transfer of governance, powers and
duties, contracts and written obligations and the effect of
students and employees remain similar in the substitute. However,
in the committee substitute the governance of the University of
Central Texas is transferred to the Texas A&M University System.
In addition, the committee substitute adds provisions in Section 2
to state that the Texas A&M University-Central Texas may continue
to award degrees in the discipline as before this Act.
The original bill has no additional rulemaking authority. The
committee substitute creates additional rulemaking authority to
the board of regents of the Texas A&M University System.
SUMMARY OF COMMITTEE ACTION
H.B. 2247 was considered by the committee in a public on May 2,
1995.
The committee considered a complete substitute.
The following persons testified in favor of the bill:
Ms. Mary H. Kliewer;
Mayor Raul G. Villaronga;
Ltg. Paul E. Funk;
Dr. Jack Fuller;
Ms. Ileen F. Rogers; and
Mr. Bill Clayton.
The chair recognized Senator Wentworth to speak in favor of the
bill.
The following persons testified against the bill:
Mr. James J. Herring; and
Mr. Steve Lee.
The following persons testified neutrally on the bill:
Dr. Barry B. Thompson; and
Dr. Don Brown.
The bill was left pending.
H.B. 2247 was considered by the committee in a formal meeting on
May 3, 1995.
The committee considered a complete substitute for the bill. The
substitute was adopted without objection by a non-record vote.
The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 0 nays, 0 pnv, 3 absent.