By Black H.B. No. 2247
74R7495 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of governance of Central Texas University
1-3 to another public institution of higher education or a university
1-4 system.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 113, Education Code, is amended by adding
1-7 Subchapter D to read as follows:
1-8 SUBCHAPTER D. TRANSFER OF GOVERNANCE OF UNIVERSITY
1-9 Sec. 113.41. DEFINITIONS. In this subchapter:
1-10 (1) "Coordinating board" means the Texas Higher
1-11 Education Coordinating Board.
1-12 (2) "Institution of higher education" and "university
1-13 system" have the meanings assigned by Section 61.003.
1-14 Sec. 113.42. TRANSFER OF GOVERNANCE OF UNIVERSITY. (a) The
1-15 board of regents of the university may transfer the governance,
1-16 operation, management, and control of the university, along with
1-17 all right, title, and interest in the land, building, facilities,
1-18 improvements, equipment, supplies, and property comprising the
1-19 university, to the governing board of another institution of higher
1-20 education or university system that agrees to the transfer. The
1-21 coordinating board must approve the transfer. On completion of the
1-22 transfer, the board of regents of Central Texas University is
1-23 abolished.
1-24 (b) If the governing board of the institution of higher
2-1 education or university system agrees to, and the coordinating
2-2 board approves, the transfer, the transfer is subject to Sections
2-3 113.43-113.46.
2-4 Sec. 113.43. POWERS AND DUTIES. On completion of the
2-5 transfer, the governing board of the institution of higher
2-6 education or university system shall undertake to govern, operate,
2-7 manage, and control the university and all land, buildings,
2-8 facilities, improvements, equipment, supplies, and property
2-9 comprising the university pursuant to the powers, duties, and
2-10 responsibilities that are or may be conferred by law upon the
2-11 governing board for the governance, operation, management, and
2-12 control of the institution of higher education or university
2-13 system.
2-14 Sec. 113.44. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts
2-15 and written obligations of every kind and character, including
2-16 bonds, entered into by the board of regents of Central Texas
2-17 University for and on behalf of the university are ratified,
2-18 confirmed, and validated. In those contracts and written
2-19 obligations, including bonds, on completion of the transfer, the
2-20 governing board of the institution of higher education or
2-21 university system is substituted for and stands and acts in the
2-22 place of the board of regents of Central Texas University.
2-23 Sec. 113.45. EMPLOYEE INSURANCE AND OTHER BENEFITS. Any
2-24 contract or other agreement with a provider of insurance or
2-25 employee benefits that provides coverage for employees of Central
2-26 Texas University is not void nor does it terminate on the effective
2-27 date of the transfer. Any such contract or agreement remains in
3-1 full force and effect as a contract or agreement of the
3-2 institution of higher education or university system for the
3-3 employees transferred to the institution of higher education or
3-4 university system until its date of expiration unless it terminates
3-5 before the expiration date in accordance with its terms. All
3-6 persons for whom the insurance or benefits are provided on the
3-7 effective date of the transfer are covered by the insurance or
3-8 benefits in accordance with the terms of those agreements until the
3-9 respective dates of termination or expiration of those agreements.
3-10 The persons covered by the agreements who are employees of the
3-11 institution of higher education or university system shall be
3-12 included in any similar agreements that relate to other employees
3-13 of the institution of higher education or university system and
3-14 that are in effect on the termination or expiration dates.
3-15 Sec. 113.46. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
3-16 The transfer of governance, operation, management, and control of
3-17 the university from the board of regents of Central Texas
3-18 University to the governing board of the institution of higher
3-19 education or university system does not affect:
3-20 (1) the credit hours earned by students at the
3-21 university before the effective date of the transfer; or
3-22 (2) the employment status on the effective date of the
3-23 transfer of the administrative, faculty, or support staff of the
3-24 university.
3-25 SECTION 2. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended,
4-3 and that this Act take effect and be in force from and after its
4-4 passage, and it is so enacted.