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that institution that are 2-13 in effect when the transfer takes effect are continued in effect 2-14 until adopted, repealed, or superseded by the board of regents of 2-15 The Texas A&M University System.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.