BILL ANALYSIS



S.B. 1299
By: Cain, Ratliff, Turner (Oakley)
04-20-95
Committee Report (Unamended)


BACKGROUND

After considering many factors, current members of the East Texas
State University's (ETSU) board of regents concluded that ETSU
constituents could be better served through an affiliation with the
Texas A&M University System.  The merger allows ETSU to fulfill its
unique mission even more effectively as a part of the Texas A&M
University System.


PURPOSE

As proposed, S.B. 1299 abolishes the board of regents of East Texas
State University and transfers East Texas State University and East
Texas State University at Texarkana to the Texas A&M University
System.


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the board of regents of the Texas A&M University System under
SECTION 8 (Sec. 87.552(c), Education Code) of this bill.


SECTION BY SECTION ANALYSIS

SECTION 1. ABOLITION OF BOARD AND SYSTEM.  Provides that the board
of regents (board) of East Texas State University (ETSU) is
abolished.

SECTION 2. TRANSFER OF INSTITUTIONS.  Transfers the governance,
operation, management, and control of ETSU and East Texas State
University at Texarkana (ETSU-Texarkana), along with all right,
title, and interest in the land, buildings, facilities,
improvements, equipment, supplies, and property comprising those
institutions, from the board of the university to the board of the
Texas A&M University System.

SECTION 3. POWERS AND DUTIES.  Requires the board of the system to
undertake to govern, operate, manage, and control ETSU and ETSU-Texarkana and all land, buildings, facilities, improvements,
equipment, supplies, and property comprising those institutions
pursuant to the powers, duties, and responsibilities that are or
may be conferred by law upon the board of the system for the
governance, operation, management, and control of component
institutions comprising that system.

SECTION 4. APPROPRIATIONS.  Transfers appropriations made by the
legislature for the use and benefit of ETSU and ETSU-Texarkana
under the governance of the board of ETSU to the board of the
system for the use and benefit of those institutions.  Requires
other funds held for the use and benefit of ETSU and ETSU-Texarkana
to continue to be available for the use and benefit of those
institutions notwithstanding the change in governance made by this
Act.

SECTION 5. CONTRACTS AND WRITTEN OBLIGATIONS.  Provides that
contracts and written obligations of every kind and character,
including bonds, entered into by the board of ETSU for and on
behalf of ETSU and ETSU-Texarkana are ratified, confirmed, and
validated.  Substitutes the board of the system for and stands and
acts in the place of the board of ETSU in those contracts and
written obligations, including bonds.

SECTION 6. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.  Provides
that the transfer of governance, operation, management, and control
of ETSU and ETSU-Texarkana from the board of ETSU to the board of
the system does not affect the credit hours earned by students at
those institutions before the effective date of this Act; or the
employment status on the effective date of the Act of the administrative, faculty, or support
staff of those institutions.

SECTION 7. EFFECT OF TRANSFER ON CONSTITUTIONAL FUNDING.  Provides that the
transfer of governance, operation, management, and control of ETSU and ETSU-Texarkana from
the board of ETSU to the board of the system does not affect the right of ETSU and ETSU-Texarkana to receive money appropriated by Section 17(a), Article VII, Texas Constitution, and
allocated in accordance with Section 62.021, Education Code.

SECTION 8. AMENDMENT.  Amends Chapter 87, Education Code, by adding Subchapters G
and H, as follows:

            SUBCHAPTER G. EAST TEXAS STATE UNIVERSITY

Sec. 87.551.   ESTABLISHMENT.  (a) Provides that ETSU is a coeducational institution of higher
education with its main campus located in the city of Commerce.  Provides that the city is a
component of the system and is under the management and control of the board of the system.

(b)  Provides that the board has the same powers and duties concerning the university as are
conferred on the board by law concerning Texas A&M University.

Sec. 87.552.   COURSES AND DEGREES; RULES; JOINT APPOINTMENTS.  (a) Authorizes
the board to award baccalaureate, master's and doctoral degrees and their equivalents, but prohibits
the board from instituting a department, school, or program without the prior approval of the Texas
Higher Education Coordinating Board (coordinating board).

(b)  Requires a program offered by the metroplex commuter program to be approved by the
coordinating board; and may not duplicate a program offered by another institution of higher
education in the Dallas area.

(c)  Requires the board to adopt rules for the operation, control, and management, of ETSU as may
be necessary for the institution to be a first-class institution of higher education.  Authorizes the
board to establish different rules for the operation of the facilities and programs at different locations
of the institutions.

(d)  Authorizes the board to make joint faculty appointments in ETSU and in other institutions under
its governance.  Requires the salary of a person who receives a joint appointment to be apportioned
to the appointing institutions on the basis of services rendered.

            SUBCHAPTER H.  EAST TEXAS STATE UNIVERSITY
                           AT TEXARKANA

Sec. 87.571.   ESTABLISHMENT.  (a)  Provides that ETSU-Texarkana is a coeducational upper-level institution of higher education located in the city of Texarkana.  Provides that the university
is a component of the system and is under the management and control of the board of the system.

(b)  Provides that the board has the same powers and duties concerning the university as are
conferred on the board by law concerning Texas A&M University, except that the university may
not offer freshmen or sophomore programs.

SECTION 9.   Repeals Chapter 100, Education Code (East Texas State University).

SECTION 10.  Effective date:  September 1, 1996.

SECTION 11.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

S.B. 1299 was considered by the committee in a formal meeting on April 20, 1995.  The bill was
reported favorably without amendment, with the recommendation that it do pass and be printed, by
a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.  The vote by which S.B. 1299 was reconsidered
without objection by a non-record vote.  The bill was reported favorably without amendment, with
the recommendation that it do pass and be printed and be sent to the Committee on Local and
Consent Calendars, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.