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.