By Black H.B. No. 2247
Substitute the following for H.B. No. 2247:
By Ogden C.S.H.B. No. 2247
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of the University of Central Texas to The
1-3 Texas A&M University System.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. TRANSFER OF GOVERNANCE. The University of
1-6 Central Texas, a Texas nonprofit corporation, including the
1-7 organization, control, management, and property of that
1-8 institution, is transferred to the board of regents of The Texas
1-9 A&M University System if the board of trustees of the University of
1-10 Central Texas and the board of regents of The Texas A&M University
1-11 System agree to the transfer and the Texas Higher Education
1-12 Coordinating Board approves the transfer not later than August 31,
1-13 1996. If the board of trustees of the University of Central Texas
1-14 and the board of regents of The Texas A&M University System agree
1-15 to the transfer and the Texas Higher Education Coordinating Board
1-16 approves the transfer in the time provided, the transfer is
1-17 effective September 1, 1996, and is governed by Sections 2 through
1-18 7 of this Act. When the transfer takes effect, the institution
1-19 shall be known as Texas A&M University--Central Texas.
1-20 SECTION 2. POWERS AND DUTIES; RULES AND POLICIES. (a) The
1-21 board of regents of The Texas A&M University System shall undertake
1-22 to govern, operate, manage, and control Texas A&M
1-23 University--Central Texas and all land, buildings, facilities,
1-24 improvements, equipment, supplies, and property belonging to and
2-1 comprising that institution under the powers, duties, and
2-2 responsibilities conferred by law on the board of regents of The
2-3 Texas A&M University System for the governance, operation,
2-4 management, and control of component institutions comprising that
2-5 system.
2-6 (b) Texas A&M University--Central Texas may continue to
2-7 award degrees in the same disciplines and of the same academic
2-8 standing as the University of Central Texas. New degree programs
2-9 at the institution are subject to the approval process applicable
2-10 to other public institutions of higher education.
2-11 (c) Rules and policies adopted by the board of trustees of
2-12 the University of Central Texas to govern that institution that are
2-13 in effect when the transfer takes effect are continued in effect
2-14 until adopted, repealed, or superseded by the board of regents of
2-15 The Texas A&M University System. The board of regents may adopt
2-16 rules and policies applicable to Texas A&M University--Central
2-17 Texas in anticipation of the transfer authorized by this Act.
2-18 SECTION 3. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and
2-19 written obligations of every kind and character entered into by the
2-20 board of trustees of the University of Central Texas for and on
2-21 behalf of the University of Central Texas are ratified, confirmed,
2-22 and validated. In those contracts and written obligations, the
2-23 board of regents of The Texas A&M University System is substituted
2-24 for and stands and acts in the place of the board of trustees of
2-25 the University of Central Texas to the extent permitted by law.
2-26 SECTION 4. EFFECT OF TRANSFER ON EMPLOYEES. For purposes of
2-27 employment benefits, a person who is an employee of the University
3-1 of Central Texas as of the effective date of the transfer shall be
3-2 treated the same as any other new employee of The Texas A&M
3-3 University System except that each employee shall be given credit
3-4 for all prior years of service at the University of Central Texas
3-5 for the purpose of annual leave accrual rates as state employees.
3-6 SECTION 5. CURRENT FUNDING. All funds that, on the
3-7 effective date of the transfer, have been dedicated to or are held
3-8 for the use and benefit of the University of Central Texas under
3-9 the governance of the board of trustees are transferred to the
3-10 board of regents of The Texas A&M University System for the use and
3-11 benefit of Texas A&M University--Central Texas.
3-12 SECTION 6. EFFECT OF TRANSFER ON STUDENTS. The transfer of
3-13 governance, operation, management, and control of the University of
3-14 Central Texas to the board of regents of The Texas A&M University
3-15 System does not affect the credit hours earned by students at the
3-16 University of Central Texas before the effective date of this Act.
3-17 SECTION 7. LEGISLATIVE INTENT. It is the intent of the
3-18 legislature that the effect of this Act is to transfer governance
3-19 of the existing University of Central Texas from the board of
3-20 trustees of the nonprofit corporation to the board of regents of
3-21 The Texas A&M University System. This Act does not create an
3-22 institution of higher education entitled to funds under Sections 17
3-23 and 18, Article VII, Texas Constitution. On and after the
3-24 effective date of the transfer, Texas A&M University--Central Texas
3-25 is not eligible to receive funds under Section 17 or 18, Article
3-26 VII, Texas Constitution.
3-27 SECTION 8. AMENDMENT. If the transfer authorized by Section
4-1 1 of this Act takes effect, effective September 1, 1996, Chapter
4-2 87, Education Code, is amended by adding Subchapter G to read as
4-3 follows:
4-4 SUBCHAPTER G. TEXAS A&M UNIVERSITY--CENTRAL TEXAS
4-5 Sec. 87.601. TEXAS A&M UNIVERSITY--CENTRAL TEXAS. (a)
4-6 Texas A&M University--Central Texas is a coeducational upper-level
4-7 educational institution located in the city of Killeen. The
4-8 institution is a component institution of The Texas A&M University
4-9 System and is under the management and control of the board of
4-10 regents of The Texas A&M University System.
4-11 (b) The board has the same powers and duties concerning
4-12 Texas A&M University--Central Texas as are conferred on the board
4-13 by law concerning Texas A&M University.
4-14 (c) The institution may accept only junior, senior, and
4-15 graduate-level students.
4-16 Sec. 87.602. POWERS OF BOARD. (a) The board may:
4-17 (1) prescribe courses leading to degrees customarily
4-18 offered in leading American upper-level educational institutions;
4-19 (2) award the degrees described by Subdivision (2);
4-20 (3) enter into an affiliation or coordination
4-21 agreement with an entity if reasonably necessary or desirable for
4-22 the operation of a first class upper-level educational institution;
4-23 (4) make joint appointments in Texas A&M
4-24 University--Central Texas and another institution within The Texas
4-25 A&M University System; and
4-26 (5) adopt rules for the operation, control, and
4-27 management of the institution as necessary for the operation of a
5-1 first class upper-level educational institution, including rules
5-2 governing the number of students that may be admitted to any
5-3 program at the institution.
5-4 (b) The salary of a person who receives a joint appointment
5-5 under Subsection (a)(4) must be apportioned among the institutions
5-6 to which the individual is appointed on the basis of the services
5-7 rendered.
5-8 SECTION 9. EMERGENCY. The importance of this legislation
5-9 and the crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended,
5-13 and that this Act take effect and be in force from and after its
5-14 passage, and it is so enacted.