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.