74R8529 JSA-D
By Stiles, Price H.B. No. 2313
Substitute the following for H.B. No. 2313:
By Ogden C.S.H.B. No. 2313
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to abolition of the Lamar University System, the transfer
1-3 of the institutions in that system to the Texas State University
1-4 System, and to the composition of the board of regents of the Texas
1-5 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. 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 SECTION 3. POWERS AND DUTIES. The board of regents of the
1-20 Texas State University System shall undertake to govern, operate,
1-21 manage, and control Lamar University and its educational centers,
1-22 including Lamar University at Orange, Lamar University at Port
1-23 Arthur, and Lamar University Institute of Technology and all land,
1-24 buildings, facilities, improvements, equipment, supplies, and
2-1 property comprising that institution pursuant to the powers,
2-2 duties, and responsibilities that are or may be conferred by law
2-3 upon the board of regents of the Texas State University System for
2-4 the governance, operation, management, and control of component
2-5 institutions comprising that system.
2-6 SECTION 4. APPROPRIATIONS. Appropriations made by the
2-7 legislature for the use and benefit of Lamar University and its
2-8 educational centers, including Lamar University at Orange, Lamar
2-9 University at Port Arthur, and Lamar University Institute of
2-10 Technology, under the governance of the board of regents of the
2-11 Lamar University System are transferred to the board of regents of
2-12 the Texas State University System for the use and benefit of that
2-13 institution. Other funds held for the use and benefit of Lamar
2-14 University and its educational centers, including Lamar University
2-15 at Orange, Lamar University at Port Arthur, and Lamar University
2-16 Institute of Technology, shall continue to be available for the use
2-17 and benefit of those institutions notwithstanding the change in
2-18 governance made by this Act.
2-19 SECTION 5. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and
2-20 written obligations of every kind and character, including bonds,
2-21 entered into by the board of regents of the Lamar University System
2-22 for and on behalf of Lamar University and its educational centers,
2-23 including Lamar University at Orange, Lamar University at Port
2-24 Arthur, and Lamar University Institute of Technology, are ratified,
2-25 confirmed, and validated. In those contracts and written
2-26 obligations, including bonds, the board of regents of the Texas
2-27 State University System is substituted for and stands and acts in
3-1 the place of the board of regents of the Lamar University System.
3-2 SECTION 6. EFFECT OF TRANSFER. (a) The transfer of
3-3 governance, operation, management, and control of Lamar University
3-4 and its educational centers, including Lamar University at Orange,
3-5 Lamar University at Port Arthur, and Lamar University Institute of
3-6 Technology, from the board of regents of the Lamar University
3-7 System to the board of regents of the Texas State University System
3-8 does not affect:
3-9 (1) the credit hours earned by students at those
3-10 institutions before the effective date of this Act; or
3-11 (2) the employment status on the effective date of
3-12 this Act of the administrative, faculty, or support staff of those
3-13 institutions.
3-14 (b) This section does not limit the authority of the board
3-15 of regents of the Texas State University System to evaluate or
3-16 reassign staff or to take any other personnel action relating to
3-17 the staff of those institutions as the board determines in the best
3-18 interest of the university.
3-19 SECTION 7. AMENDMENT. Sections 95.02 and 95.05, Education
3-20 Code, are amended to read as follows:
3-21 Sec. 95.02. BOARD MEMBERS: APPOINTMENT, QUALIFICATIONS,
3-22 TERMS. The board is composed of 12 <nine> members appointed by the
3-23 governor with the advice and consent of the senate. The members
3-24 hold office for terms of six years, with the terms of four <three>
3-25 members expiring February 1 of each odd-numbered year <years>.
3-26 Each member of the board shall be a qualified voter; and the
3-27 members shall be selected from different portions of the state.
4-1 Sec. 95.05. QUORUM. A majority of the <Five> members of the
4-2 board shall be a quorum for the transaction of business at any
4-3 meeting and, unless a greater number is required by the board's
4-4 rules, the act of a majority of the members present at any meeting
4-5 shall be the act of the board.
4-6 SECTION 8. AMENDMENT. Chapter 96, Education Code, is
4-7 amended by adding Subchapter E to read as follows:
4-8 SUBCHAPTER E. LAMAR UNIVERSITY AND RELATED INSTITUTIONS
4-9 Sec. 96.701. LAMAR UNIVERSITY. Lamar University is a
4-10 coeducational institution of higher education located in the city
4-11 of Beaumont. The university is under the management and control of
4-12 the board of regents, Texas State University System.
4-13 Sec. 96.702. SPINDLETOP MEMORIAL MUSEUM. The board may
4-14 create the Spindletop Memorial Museum at Lamar University and may
4-15 administer the museum as the board considers appropriate.
4-16 Sec. 96.703. LAMAR UNIVERSITY INSTITUTE OF TECHNOLOGY. (a)
4-17 The board shall establish and maintain an educational center of
4-18 Lamar University as a separate degree-granting institution to be
4-19 known as Lamar University Institute of Technology.
4-20 (b) The primary purpose of the institute is to teach
4-21 technical and vocational courses and related supporting courses.
4-22 The board may confer degrees appropriate to the institute's
4-23 curriculum.
4-24 Sec. 96.704. EDUCATIONAL CENTERS AT PORT ARTHUR AND ORANGE.
4-25 (a) The board shall establish and maintain coeducational
4-26 lower-division institutions of higher education as separate
4-27 degree-granting institutions in the counties of Jefferson and
5-1 Orange, to be known as Lamar University at Port Arthur and Lamar
5-2 University at Orange, to teach only freshman- and sophomore-level
5-3 courses.
5-4 (b) The board may acquire, construct, or otherwise make
5-5 provision for adequate physical facilities for use by Lamar
5-6 University at Port Arthur and Lamar University at Orange and may
5-7 accept and administer, on terms and conditions satisfactory to the
5-8 board, grants or gifts of money or property tendered by any reason
5-9 for the use and benefit of the school.
5-10 (c) The board with approval of the Texas Higher Education
5-11 Coordinating Board may prescribe courses leading to customary
5-12 degrees. The board may make other rules and regulations for the
5-13 operation, control, and management of Lamar University at Port
5-14 Arthur and Lamar University at Orange as are necessary for each
5-15 institution to be a first-class institution for freshman and
5-16 sophomore students.
5-17 (d) Nothing in this section shall be construed to limit the
5-18 powers of the board as conferred by law.
5-19 (e) For Lamar University at Port Arthur and Lamar University
5-20 at Orange, the board may expend funds allocated to Lamar University
5-21 under Chapter 62 for any of the purposes listed in Section 17,
5-22 Article VII, Texas Constitution, in the same manner and under the
5-23 same circumstances as expenditures for those purposes for other
5-24 separate degree-granting institutions.
5-25 Sec. 96.705. APPLICATION OF OTHER LAW. All other provisions
5-26 of law, including provisions for student fees, applicable to
5-27 institutions of the Texas State University System apply to Lamar
6-1 University and its educational centers.
6-2 Sec. 96.706. HAZARDOUS WASTE RESEARCH CENTER. (a) The
6-3 Hazardous Waste Research Center is established at Lamar University
6-4 at Beaumont. The center is under the authority of the board of
6-5 regents of the Texas State University System. The center may
6-6 employ such personnel as are necessary.
6-7 (b) The center shall carry out a program of research,
6-8 evaluation, testing, development, and demonstration of alternative
6-9 or innovative technologies that may be used in minimization,
6-10 destruction, or handling of hazardous wastes to achieve better
6-11 protection of human health and the environment.
6-12 (c) The center shall provide coordination of the activities
6-13 of a consortium of Texas universities initially consisting of the
6-14 Texas Engineering Experiment Station of The Texas A&M University
6-15 System, the University of Houston, The University of Texas at
6-16 Austin, and Lamar University at Beaumont, and other entities that
6-17 may become affiliated.
6-18 (d) The center shall develop and maintain a database
6-19 relevant to the programs of the center.
6-20 (e) The programs of the center may include:
6-21 (1) primary and secondary research;
6-22 (2) collection, analysis, and dissemination of
6-23 information;
6-24 (3) the development of public policy recommendations;
6-25 (4) training related to the handling and management of
6-26 hazardous waste;
6-27 (5) evaluation of technologies for the treatment and
7-1 disposal of hazardous wastes;
7-2 (6) demonstration projects and pilot studies of
7-3 processing, storage, and destruction technologies; and
7-4 (7) other services consistent with the purposes of the
7-5 program.
7-6 (f) In carrying out its established programs, the center may
7-7 enter into agreements with:
7-8 (1) the members of the Texas Consortium;
7-9 (2) other universities in Texas, Louisiana,
7-10 Mississippi, Alabama, Florida, and other states;
7-11 (3) private research organizations; and
7-12 (4) industry.
7-13 (g) A policy board is created to determine the policies for
7-14 program research, evaluation, testing, development, demonstration,
7-15 intellectual property rights, and peer review. The policy board
7-16 consists of each member of the consortium. The governing board of
7-17 each institution of higher education belonging to the consortium
7-18 shall appoint an individual to serve as a member of the policy
7-19 board.
7-20 (h) The institutions of higher education that are members of
7-21 the policy board shall appoint an advisory council to develop
7-22 recommendations on the priorities for research and to serve as a
7-23 resource group on the projects. Each institution shall appoint two
7-24 members from private industry and two other members to serve for
7-25 terms to be set by the policy board.
7-26 (i) The center shall seek grant and contract support from
7-27 federal and other sources to the extent possible and accept gifts
8-1 and donations to support its purposes and programs.
8-2 (j) The center may receive state appropriated funds as
8-3 considered appropriate by the legislature.
8-4 (k) Disbursement of funds received by the center on behalf
8-5 of the consortium shall be on an equitable basis and in accordance
8-6 with policy determined by the policy board subject to laws of the
8-7 state and policies of member institutions. Disbursement policy
8-8 shall recognize the need for core program support at each
8-9 consortium institution, matching requirements for federal grants
8-10 and contracts, general administration, and new initiatives.
8-11 Disbursement of funds received in response to specific proposals
8-12 shall be in accordance with those proposals.
8-13 Sec. 96.707. TEXAS ACADEMY OF LEADERSHIP IN THE HUMANITIES.
8-14 (a) The Texas Academy of Leadership in the Humanities is
8-15 established as a two-year program at Lamar University-Beaumont for
8-16 secondary school students selected under this section. The academy
8-17 is under the management and control of the board of regents of the
8-18 Texas State University System.
8-19 (b) The goals of the academy are to:
8-20 (1) provide gifted and talented secondary school
8-21 students with accelerated academic experiences to ensure success as
8-22 undergraduates with advanced standing;
8-23 (2) encourage those students to develop their full
8-24 leadership potential and their ethical decision-making
8-25 capabilities;
8-26 (3) provide those students with academic and social
8-27 role models and mentors to motivate them to pursue academic
9-1 excellence and self-direction;
9-2 (4) provide a model setting for the training of
9-3 teachers in the educational materials and methods appropriate for
9-4 gifted learners;
9-5 (5) encourage the cooperation of business leaders and
9-6 Lamar University staff to provide practical settings and
9-7 experiences for those students through independent study,
9-8 shadowing, and mentorship;
9-9 (6) establish a setting to support necessary research
9-10 to determine the academy's effectiveness and to disseminate results
9-11 of that research; and
9-12 (7) promote the active involvement of parents in all
9-13 educational programs of the academy.
9-14 (c) To be eligible for admission to the academy, a student
9-15 must:
9-16 (1) complete and file with the board, on a form
9-17 prescribed by the board, an application for admission and a written
9-18 essay on a topic selected by the board;
9-19 (2) have successfully completed 10th grade in school;
9-20 (3) be nominated by a teacher, school administrator,
9-21 parent, community leader, or another secondary school student;
9-22 (4) submit to the board two written recommendations
9-23 from teachers;
9-24 (5) have a composite score on an assessment test that
9-25 is equal to or greater than the equivalent of 1,000 on the
9-26 Scholastic Aptitude Test;
9-27 (6) have a language score on an assessment test that
10-1 is equal to or greater than the equivalent of 550 on the Scholastic
10-2 Aptitude Test; and
10-3 (7) have complied with any other requirements adopted
10-4 by the board under this subchapter.
10-5 (d) The board shall recruit minority secondary school
10-6 students to apply for admission to the academy.
10-7 (e) The board shall select for admission to the academy
10-8 eligible students based on additional testing required by the board
10-9 and on a personal interview by a selection committee appointed by
10-10 the board. If the board selects an eligible student for admission
10-11 to the academy, the board shall send written notice to the student
10-12 and the student's school district.
10-13 (f) The board shall establish a tuition and fee scholarship
10-14 for each student who enrolls in the academy. A student who enrolls
10-15 in the academy is responsible for room, board, and book costs and
10-16 must live in a residence determined by board rule.
10-17 (g) The academy courses are taught by the faculty members of
10-18 Lamar University. The board may employ additional staff for the
10-19 academy.
10-20 (h) The board shall provide each student enrolled in the
10-21 academy with a mentor who is a faculty member at Lamar University
10-22 to assist the student in completing the student's course of study
10-23 in the academy.
10-24 (i) A student of the academy may attend a college course
10-25 offered by Lamar University and receive college credit for that
10-26 course.
10-27 (j) The board may accept gifts and grants from a public or
11-1 private source for the academy.
11-2 SECTION 9. AMENDMENT. Section 54.523, Education Code, is
11-3 amended by amending Subsections (a) and (c) and adding Subsection
11-4 (f) to read as follows:
11-5 (a) To the extent approved by the students under Subsection
11-6 (b) of this section, the board of regents of the Texas State
11-7 University System may charge each student enrolled in a university
11-8 or educational center under its authority a student center fee not
11-9 to exceed $70 per semester or $35 per six-week summer term to be
11-10 used to construct, operate, maintain, improve, and program a
11-11 student center at the university or educational center at which the
11-12 student is enrolled.
11-13 (c) The chief fiscal officer of each university operating a
11-14 student center, either on its central campus or at an educational
11-15 center of the university, shall collect the student center fee and
11-16 shall deposit the money received into an account known as the
11-17 student center account.
11-18 (f) The board may charge a student center fee under this
11-19 section at Lamar University or an educational center of Lamar
11-20 University in the amount charged at the appropriate institution in
11-21 the 1994-1995 academic year under former Section 54.517 or 108.361
11-22 as approved by a majority of the students of the institution voting
11-23 in an election called for that purpose, as if the fee had been
11-24 approved by a majority vote of the students under this section.
11-25 Revenue from the fee charged under this section at an educational
11-26 center of Lamar University may be used to pay the principal of and
11-27 interest on revenue bonds issued under former Section 108.361 for
12-1 the purpose of constructing a student center at the educational
12-2 center.
12-3 SECTION 10. AMENDMENT. Section 62.021, Education Code, is
12-4 amended by adding Subsection (e) to read as follows:
12-5 (e) The amount allocated by Subsection (a) to Lamar
12-6 University and its educational centers is considered part of the
12-7 amount allocated by Subsection (a) to the Texas State University
12-8 System administration and its component institutions, to be spent
12-9 as provided by Subsection (b) in the sole discretion of the
12-10 governing board of the Texas State University System for the system
12-11 and its institutions.
12-12 SECTION 11. AMENDMENT. Section 12.1105(e), Parks and
12-13 Wildlife Code, is amended to read as follows:
12-14 (e) The Parks and Wildlife Department, when requested by
12-15 authorized representatives of units of The University of Texas
12-16 System, The Texas A&M University System, the Texas A&I University
12-17 System, Pan American University, and the Texas State <Lamar>
12-18 University System<, and Southwest Texas State University,> engaged
12-19 in teaching and research related to marine science and
12-20 oceanography, may transfer to such units of said universities and
12-21 university systems nets, seines, and other marine equipment, which
12-22 have been seized under this section, to be used in carrying out the
12-23 teaching and research programs within said institutions.
12-24 SECTION 12. REPEALER. The following provisions of the
12-25 Education Code are repealed:
12-26 (1) Section 54.517; and
12-27 (2) Chapter 108.
13-1 SECTION 13. INITIAL APPOINTMENTS. The governor shall make
13-2 the initial appointments to the new positions added by this Act to
13-3 the board of regents of the Texas State University System as
13-4 follows:
13-5 (1) one member to a term expiring February 1, 1997;
13-6 (2) one member to a term expiring February 1, 1999;
13-7 and
13-8 (3) one member to a term expiring February 1, 2001.
13-9 SECTION 14. EMERGENCY. The importance of this legislation
13-10 and the crowded condition of the calendars in both houses create an
13-11 emergency and an imperative public necessity that the
13-12 constitutional rule requiring bills to be read on three several
13-13 days in each house be suspended, and this rule is hereby suspended,
13-14 and that this Act take effect and be in force from and after its
13-15 passage, and it is so enacted.