1-1 By: Black (Senate Sponsor - Sims) H.B. No. 2247
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on Finance;
1-4 May 25, 1995, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; May 25, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the transfer of the University of Central Texas to The
1-9 Texas A&M University System.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. TRANSFER OF GOVERNANCE. The University of
1-12 Central Texas, a Texas nonprofit corporation, including the
1-13 organization, control, management, and property of that
1-14 institution, is transferred to the board of regents of The Texas
1-15 A&M University System if the board of trustees of the University of
1-16 Central Texas and the board of regents of The Texas A&M University
1-17 System agree to the transfer and the Texas Higher Education
1-18 Coordinating Board approves the transfer not later than August 31,
1-19 1996. If the board of trustees of the University of Central Texas
1-20 and the board of regents of The Texas A&M University System agree
1-21 to the transfer and the Texas Higher Education Coordinating Board
1-22 approves the transfer in the time provided, the transfer is
1-23 effective September 1, 1996, and is governed by Sections 2 through
1-24 7 of this Act. When the transfer takes effect, the institution
1-25 shall be known as Texas A&M University--Central Texas.
1-26 SECTION 2. POWERS AND DUTIES; RULES AND POLICIES. (a) The
1-27 board of regents of The Texas A&M University System shall undertake
1-28 to govern, operate, manage, and control Texas A&M
1-29 University--Central Texas and all land, buildings, facilities,
1-30 improvements, equipment, supplies, and property belonging to and
1-31 comprising that institution under the powers, duties, and
1-32 responsibilities conferred by law on the board of regents of The
1-33 Texas A&M University System for the governance, operation,
1-34 management, and control of component institutions comprising that
1-35 system.
1-36 (b) Texas A&M University--Central Texas may continue to
1-37 award degrees in the same disciplines and of the same academic
1-38 standing as the University of Central Texas. New degree programs
1-39 at the institution are subject to the approval process applicable
1-40 to other public institutions of higher education.
1-41 (c) Rules and policies adopted by the board of trustees of
1-42 the University of Central Texas to govern that institution that are
1-43 in effect when the transfer takes effect are continued in effect
1-44 until adopted, repealed, or superseded by the board of regents of
1-45 The Texas A&M University System. The board of regents may adopt
1-46 rules and policies applicable to Texas A&M University--Central
1-47 Texas in anticipation of the transfer authorized by this Act.
1-48 SECTION 3. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and
1-49 written obligations of every kind and character entered into by the
1-50 board of trustees of the University of Central Texas for and on
1-51 behalf of the University of Central Texas are ratified, confirmed,
1-52 and validated. In those contracts and written obligations, the
1-53 board of regents of The Texas A&M University System is substituted
1-54 for and stands and acts in the place of the board of trustees of
1-55 the University of Central Texas to the extent permitted by law.
1-56 SECTION 4. EFFECT OF TRANSFER ON EMPLOYEES. For purposes of
1-57 employment benefits, a person who is an employee of the University
1-58 of Central Texas as of the effective date of the transfer shall be
1-59 treated the same as any other new employee of The Texas A&M
1-60 University System except that each employee shall be given credit
1-61 for all prior years of service at the University of Central Texas
1-62 for the purpose of annual leave accrual rates as state employees.
1-63 SECTION 5. CURRENT FUNDING. All funds that, on the
1-64 effective date of the transfer, have been dedicated to or are held
1-65 for the use and benefit of the University of Central Texas under
1-66 the governance of the board of trustees are transferred to the
1-67 board of regents of The Texas A&M University System for the use and
1-68 benefit of Texas A&M University--Central Texas.
2-1 SECTION 6. EFFECT OF TRANSFER ON STUDENTS. The transfer of
2-2 governance, operation, management, and control of the University of
2-3 Central Texas to the board of regents of The Texas A&M University
2-4 System does not affect the credit hours earned by students at the
2-5 University of Central Texas before the effective date of this Act.
2-6 SECTION 7. LEGISLATIVE INTENT. It is the intent of the
2-7 legislature that the effect of this Act is to transfer governance
2-8 of the existing University of Central Texas from the board of
2-9 trustees of the nonprofit corporation to the board of regents of
2-10 The Texas A&M University System. This Act does not create an
2-11 institution of higher education entitled to funds under Sections 17
2-12 and 18, Article VII, Texas Constitution. On and after the
2-13 effective date of the transfer, Texas A&M University--Central Texas
2-14 is not eligible to receive funds under Section 17 or 18, Article
2-15 VII, Texas Constitution.
2-16 SECTION 8. AMENDMENT. If the transfer authorized by Section
2-17 1 of this Act takes effect, effective September 1, 1996, Chapter
2-18 87, Education Code, is amended by adding Subchapter G to read as
2-19 follows:
2-20 SUBCHAPTER G. TEXAS A&M UNIVERSITY--CENTRAL TEXAS
2-21 Sec. 87.601. TEXAS A&M UNIVERSITY--CENTRAL TEXAS. (a)
2-22 Texas A&M University--Central Texas is a coeducational upper-level
2-23 educational institution located in the city of Killeen. The
2-24 institution is a component institution of The Texas A&M University
2-25 System and is under the management and control of the board of
2-26 regents of The Texas A&M University System.
2-27 (b) The board has the same powers and duties concerning
2-28 Texas A&M University--Central Texas as are conferred on the board
2-29 by law concerning Texas A&M University.
2-30 (c) The institution may accept only junior, senior, and
2-31 graduate-level students.
2-32 Sec. 87.602. POWERS OF BOARD. (a) The board may:
2-33 (1) prescribe courses leading to degrees customarily
2-34 offered in leading American upper-level educational institutions;
2-35 (2) award the degrees described by Subdivision (2);
2-36 (3) enter into an affiliation or coordination
2-37 agreement with an entity if reasonably necessary or desirable for
2-38 the operation of a first class upper-level educational institution;
2-39 (4) make joint appointments in Texas A&M
2-40 University--Central Texas and another institution within The Texas
2-41 A&M University System; and
2-42 (5) adopt rules for the operation, control, and
2-43 management of the institution as necessary for the operation of a
2-44 first class upper-level educational institution, including rules
2-45 governing the number of students that may be admitted to any
2-46 program at the institution.
2-47 (b) The salary of a person who receives a joint appointment
2-48 under Subsection (a)(4) must be apportioned among the institutions
2-49 to which the individual is appointed on the basis of the services
2-50 rendered.
2-51 SECTION 9. EMERGENCY. The importance of this legislation
2-52 and the crowded condition of the calendars in both houses create an
2-53 emergency and an imperative public necessity that the
2-54 constitutional rule requiring bills to be read on three several
2-55 days in each house be suspended, and this rule is hereby suspended,
2-56 and that this Act take effect and be in force from and after its
2-57 passage, and it is so enacted.
2-58 * * * * *