BILL ANALYSIS


                                                        S.B. 1299
                                                       By: Turner
                                                        Education
                                                         04-06-95
                                     Committee Report (Unamended)
BACKGROUND

After considering many factors, current members of the East Texas
State University's 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 (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 this 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.  Repealer:  Chapter 100, Education Code (East Texas
State University).

SECTION 10.    Effective date:  September 1, 1996.

SECTION 11.    Emergency clause.