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   1-22  continued in effect until adopted, repealed, or superseded by the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