By Stiles, Price H.B. No. 2313
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to abolition of the Lamar University System and the
1-3 transfer of the institutions in that system to the Texas State
1-4 University System.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. ABOLITION OF BOARD AND SYSTEM. The Lamar
1-7 University System and the board of regents of the Lamar University
1-8 System are abolished.
1-9 SECTION 2. TRANSFER OF INSTITUTIONS. The governance,
1-10 operation, management, and control of Lamar University and its
1-11 educational centers, including Lamar University at Orange, Lamar
1-12 University at Port Arthur, and Lamar University Institute of
1-13 Technology along with all right, title, and interest in the land,
1-14 buildings, facilities, improvements, equipment, supplies, and
1-15 property comprising those institutions are transferred from the
1-16 board of regents of the Lamar University System to the board of
1-17 regents of the Texas State University System.
1-18 SECTION 3. POWERS AND DUTIES. The board of regents of the
1-19 Texas State University System shall undertake to govern, operate,
1-20 manage, and control Lamar University and its educational centers,
1-21 including Lamar University at Orange, Lamar University at Port
1-22 Arthur, and Lamar University Institute of Technology and all land,
1-23 buildings, facilities, improvements, equipment, supplies, and
1-24 property comprising that institution pursuant to the powers,
2-1 duties, and responsibilities that are or may be conferred by law
2-2 upon the board of regents of the Texas State University System for
2-3 the governance, operation, management, and control of component
2-4 institutions comprising that system.
2-5 SECTION 4. APPROPRIATIONS. Appropriations made by the
2-6 legislature for the use and benefit of Lamar University and its
2-7 educational centers, including Lamar University at Orange, Lamar
2-8 University at Port Arthur, and Lamar University Institute of
2-9 Technology, under the governance of the board of regents of the
2-10 Lamar University System are transferred to the board of regents of
2-11 the Texas State University System for the use and benefit of that
2-12 institution. Other funds held for the use and benefit of Lamar
2-13 University and its educational centers, including Lamar University
2-14 at Orange, Lamar University at Port Arthur, and Lamar University
2-15 Institute of Technology, shall continue to be available for the use
2-16 and benefit of those institutions notwithstanding the change in
2-17 governance made by this Act.
2-18 SECTION 5. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and
2-19 written obligations of every kind and character, including bonds,
2-20 entered into by the board of regents of the Lamar University System
2-21 for and on behalf of Lamar University and its educational centers,
2-22 including Lamar University at Orange, Lamar University at Port
2-23 Arthur, and Lamar University Institute of Technology, are ratified,
2-24 confirmed, and validated. In those contracts and written
2-25 obligations, including bonds, the board of regents of the Texas
2-26 State University System is substituted for and stands and acts in
2-27 the place of the board of regents of the Lamar University System.
3-1 SECTION 6. EFFECT OF TRANSFER. (a) The transfer of
3-2 governance, operation, management, and control of Lamar University
3-3 and its educational centers, including Lamar University at Orange,
3-4 Lamar University at Port Arthur, and Lamar University Institute of
3-5 Technology, from the board of regents of the Lamar University
3-6 System to the board of regents of the Texas State University System
3-7 does not affect:
3-8 (1) the credit hours earned by students at those
3-9 institutions before the effective date of this Act; or
3-10 (2) the employment status on the effective date of
3-11 this Act of the administrative, faculty, or support staff of those
3-12 institutions.
3-13 (b) This section does not limit the authority of the board
3-14 of regents of the Texas State University System to evaluate or
3-15 reassign staff or to take any other personnel action relating to
3-16 the staff of those institutions as the board determines in the best
3-17 interest of the university.
3-18 SECTION 7. AMENDMENT. Chapter 96, Education Code, is
3-19 amended by adding Subchapter E to read as follows:
3-20 SUBCHAPTER E. LAMAR UNIVERSITY AND RELATED INSTITUTIONS
3-21 Sec. 96.701. LAMAR UNIVERSITY. Lamar University is a
3-22 coeducational institution of higher education located in the city
3-23 of Beaumont. The university is under the management and control of
3-24 the board of regents, Texas State University System.
3-25 Sec. 96.702. SPINDLETOP MEMORIAL MUSEUM. The board may
3-26 create the Spindletop Memorial Museum at Lamar University and may
3-27 administer the museum as the board considers appropriate.
4-1 Sec. 96.703. LAMAR UNIVERSITY INSTITUTE OF TECHNOLOGY. (a)
4-2 The board shall establish and maintain an educational center of
4-3 Lamar University as a separate degree-granting institution to be
4-4 known as Lamar University Institute of Technology.
4-5 (b) The primary purpose of the institute is to teach
4-6 technical and vocational courses and related supporting courses.
4-7 The board may confer degrees appropriate to the institute's
4-8 curriculum.
4-9 Sec. 96.704. EDUCATIONAL CENTERS AT PORT ARTHUR AND ORANGE.
4-10 (a) The board shall establish and maintain coeducational
4-11 lower-division institutions of higher education as separate
4-12 degree-granting institutions in the counties of Jefferson and
4-13 Orange, to be known as Lamar University at Port Arthur and Lamar
4-14 University at Orange, to teach only freshman- and sophomore-level
4-15 courses.
4-16 (b) The board may acquire, construct, or otherwise make
4-17 provision for adequate physical facilities for use by Lamar
4-18 University at Port Arthur and Lamar University at Orange and may
4-19 accept and administer, on terms and conditions satisfactory to the
4-20 board, grants or gifts of money or property tendered by any reason
4-21 for the use and benefit of the school.
4-22 (c) The board with approval of the Texas Higher Education
4-23 Coordinating Board may prescribe courses leading to customary
4-24 degrees. The board may make other rules and regulations for the
4-25 operation, control, and management of Lamar University at Port
4-26 Arthur and Lamar University at Orange as are necessary for each
4-27 institution to be a first-class institution for freshman and
5-1 sophomore students.
5-2 (d) Nothing in this section shall be construed to limit the
5-3 powers of the board as conferred by law.
5-4 (e) For Lamar University at Port Arthur and Lamar University
5-5 at Orange, the board may expend funds allocated to Lamar University
5-6 under Chapter 62 for any of the purposes listed in Section 17,
5-7 Article VII, Texas Constitution, in the same manner and under the
5-8 same circumstances as expenditures for those purposes for other
5-9 separate degree-granting institutions.
5-10 Sec. 96.705. APPLICATION OF OTHER LAW. All other provisions
5-11 of law, including provisions for student fees, applicable to
5-12 institutions of the Texas State University System apply to Lamar
5-13 University and its educational centers.
5-14 Sec. 96.706. HAZARDOUS WASTE RESEARCH CENTER. (a) The
5-15 Hazardous Waste Research Center is established at Lamar University
5-16 at Beaumont. The center is under the authority of the board of
5-17 regents of the Texas State University System. The center may
5-18 employ such personnel as are necessary.
5-19 (b) The center shall carry out a program of research,
5-20 evaluation, testing, development, and demonstration of alternative
5-21 or innovative technologies that may be used in minimization,
5-22 destruction, or handling of hazardous wastes to achieve better
5-23 protection of human health and the environment.
5-24 (c) The center shall provide coordination of the activities
5-25 of a consortium of Texas universities initially consisting of the
5-26 Texas Engineering Experiment Station of The Texas A&M University
5-27 System, the University of Houston, The University of Texas at
6-1 Austin, and Lamar University at Beaumont, and other entities that
6-2 may become affiliated.
6-3 (d) The center shall develop and maintain a database
6-4 relevant to the programs of the center.
6-5 (e) The programs of the center may include:
6-6 (1) primary and secondary research;
6-7 (2) collection, analysis, and dissemination of
6-8 information;
6-9 (3) the development of public policy recommendations;
6-10 (4) training related to the handling and management of
6-11 hazardous waste;
6-12 (5) evaluation of technologies for the treatment and
6-13 disposal of hazardous wastes;
6-14 (6) demonstration projects and pilot studies of
6-15 processing, storage, and destruction technologies; and
6-16 (7) other services consistent with the purposes of the
6-17 program.
6-18 (f) In carrying out its established programs, the center may
6-19 enter into agreements with:
6-20 (1) the members of the Texas Consortium;
6-21 (2) other universities in Texas, Louisiana,
6-22 Mississippi, Alabama, Florida, and other states;
6-23 (3) private research organizations; and
6-24 (4) industry.
6-25 (g) A policy board is created to determine the policies for
6-26 program research, evaluation, testing, development, demonstration,
6-27 intellectual property rights, and peer review. The policy board
7-1 consists of each member of the consortium. The governing board of
7-2 each institution of higher education belonging to the consortium
7-3 shall appoint an individual to serve as a member of the policy
7-4 board.
7-5 (h) The institutions of higher education that are members of
7-6 the policy board shall appoint an advisory council to develop
7-7 recommendations on the priorities for research and to serve as a
7-8 resource group on the projects. Each institution shall appoint two
7-9 members from private industry and two other members to serve for
7-10 terms to be set by the policy board.
7-11 (i) The center shall seek grant and contract support from
7-12 federal and other sources to the extent possible and accept gifts
7-13 and donations to support its purposes and programs.
7-14 (j) The center may receive state appropriated funds as
7-15 considered appropriate by the legislature.
7-16 (k) Disbursement of funds received by the center on behalf
7-17 of the consortium shall be on an equitable basis and in accordance
7-18 with policy determined by the policy board subject to laws of the
7-19 state and policies of member institutions. Disbursement policy
7-20 shall recognize the need for core program support at each
7-21 consortium institution, matching requirements for federal grants
7-22 and contracts, general administration, and new initiatives.
7-23 Disbursement of funds received in response to specific proposals
7-24 shall be in accordance with those proposals.
7-25 Sec. 96.707. TEXAS ACADEMY OF LEADERSHIP IN THE HUMANITIES.
7-26 (a) The Texas Academy of Leadership in the Humanities is
7-27 established as a two-year program at Lamar University-Beaumont for
8-1 secondary school students selected under this section. The academy
8-2 is under the management and control of the board of regents of the
8-3 Texas State University System.
8-4 (b) The goals of the academy are to:
8-5 (1) provide gifted and talented secondary school
8-6 students with accelerated academic experiences to ensure success as
8-7 undergraduates with advanced standing;
8-8 (2) encourage those students to develop their full
8-9 leadership potential and their ethical decision-making
8-10 capabilities;
8-11 (3) provide those students with academic and social
8-12 role models and mentors to motivate them to pursue academic
8-13 excellence and self-direction;
8-14 (4) provide a model setting for the training of
8-15 teachers in the educational materials and methods appropriate for
8-16 gifted learners;
8-17 (5) encourage the cooperation of business leaders and
8-18 Lamar University staff to provide practical settings and
8-19 experiences for those students through independent study,
8-20 shadowing, and mentorship;
8-21 (6) establish a setting to support necessary research
8-22 to determine the academy's effectiveness and to disseminate results
8-23 of that research; and
8-24 (7) promote the active involvement of parents in all
8-25 educational programs of the academy.
8-26 (c) To be eligible for admission to the academy, a student
8-27 must:
9-1 (1) complete and file with the board, on a form
9-2 prescribed by the board, an application for admission and a written
9-3 essay on a topic selected by the board;
9-4 (2) have successfully completed 10th grade in school;
9-5 (3) be nominated by a teacher, school administrator,
9-6 parent, community leader, or another secondary school student;
9-7 (4) submit to the board two written recommendations
9-8 from teachers;
9-9 (5) have a composite score on an assessment test that
9-10 is equal to or greater than the equivalent of 1,000 on the
9-11 Scholastic Aptitude Test;
9-12 (6) have a language score on an assessment test that
9-13 is equal to or greater than the equivalent of 550 on the Scholastic
9-14 Aptitude Test; and
9-15 (7) have complied with any other requirements adopted
9-16 by the board under this subchapter.
9-17 (d) The board shall recruit minority secondary school
9-18 students to apply for admission to the academy.
9-19 (e) The board shall select for admission to the academy
9-20 eligible students based on additional testing required by the board
9-21 and on a personal interview by a selection committee appointed by
9-22 the board. If the board selects an eligible student for admission
9-23 to the academy, the board shall send written notice to the student
9-24 and the student's school district.
9-25 (f) The board shall establish a tuition and fee scholarship
9-26 for each student who enrolls in the academy. A student who enrolls
9-27 in the academy is responsible for room, board, and book costs and
10-1 must live in a residence determined by board rule.
10-2 (g) The academy courses are taught by the faculty members of
10-3 Lamar University. The board may employ additional staff for the
10-4 academy.
10-5 (h) The board shall provide each student enrolled in the
10-6 academy with a mentor who is a faculty member at Lamar University
10-7 to assist the student in completing the student's course of study
10-8 in the academy.
10-9 (i) A student of the academy may attend a college course
10-10 offered by Lamar University and receive college credit for that
10-11 course.
10-12 (j) The board may accept gifts and grants from a public or
10-13 private source for the academy.
10-14 SECTION 8. AMENDMENT. Section 54.523, Education Code, is
10-15 amended by amending Subsections (a) and (c) and adding new
10-16 Subsection (e) to read as follows:
10-17 (a) To the extent approved by the students under Subsection
10-18 (b) of this section, the board of regents of the Texas State
10-19 University System may charge each student enrolled in a university
10-20 or educational center under its authority a student center fee not
10-21 to exceed $70 per semester or $35 per six-week summer term to be
10-22 used to construct, operate, maintain, improve, and program a
10-23 student center at the university or educational center at which the
10-24 student is enrolled.
10-25 (c) The chief fiscal officer of each university operating a
10-26 student center, either on its central campus or at an educational
10-27 center of the university, shall collect the student center fee and
11-1 shall deposit the money received into an account known as the
11-2 student center account.
11-3 (e) The board may charge a student center fee under this
11-4 section at Lamar University or an educational center of Lamar
11-5 University in the amount charged at the appropriate institution in
11-6 the 1994-1995 academic year under former Section 54.517 or 108.361
11-7 as approved by a majority of the students of the institution voting
11-8 in an election called for that purpose, as if the fee had been
11-9 approved by a majority vote of the students under this section.
11-10 Revenue from the fee charged under this section at an educational
11-11 center of Lamar University may be used to pay the principal of and
11-12 interest on revenue bonds issued under former Section 108.361 for
11-13 the purpose of constructing a student center at the educational
11-14 center.
11-15 SECTION 9. AMENDMENT. Section 62.021, Education Code, is
11-16 amended by adding Subsection (e) to read as follows:
11-17 (e) The amount allocated by Subsection (a) to Lamar
11-18 University and its educational centers is considered part of the
11-19 amount allocated by Subsection (a) to the Texas State University
11-20 System administration and its component institutions, to be spent
11-21 as provided by Subsection (b) in the sole discretion of the
11-22 governing board of the Texas State University System for the system
11-23 and its institutions.
11-24 SECTION 10. AMENDMENT. Section 12.1105(e), Parks and
11-25 Wildlife Code, is amended to read as follows:
11-26 (e) The Parks and Wildlife Department, when requested by
11-27 authorized representatives of units of The University of Texas
12-1 System, The Texas A&M University System, the Texas A&I University
12-2 System, Pan American University, and the Texas State <Lamar>
12-3 University System<, and Southwest Texas State University,> engaged
12-4 in teaching and research related to marine science and
12-5 oceanography, may transfer to such units of said universities and
12-6 university systems nets, seines, and other marine equipment, which
12-7 have been seized under this section, to be used in carrying out the
12-8 teaching and research programs within said institutions.
12-9 SECTION 11. REPEALER. The following provisions of the
12-10 Education Code are repealed:
12-11 (1) Section 54.517;
12-12 (2) Chapter 108; and
12-13 (3) Section 54.523(e), as that section exists
12-14 immediately before this Act takes effect.
12-15 SECTION 12. EMERGENCY. The importance of this legislation
12-16 and the crowded condition of the calendars in both houses create an
12-17 emergency and an imperative public necessity that the
12-18 constitutional rule requiring bills to be read on three several
12-19 days in each house be suspended, and this rule is hereby suspended,
12-20 and that this Act take effect and be in force from and after its
12-21 passage, and it is so enacted.