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1-22 continued in effect until adopted, repealed, or superseded by the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.