By Stiles, Price                                      H.B. No. 2313
       74R6237 JSA-D
                                 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, including
   1-12  Lamar University at Orange, Lamar University at Port Arthur, and
   1-13  Lamar University Institute of Technology along with all right,
   1-14  title, and interest in the land, buildings, facilities,
   1-15  improvements, equipment, supplies, and property comprising those
   1-16  institutions are transferred from the board of regents of the Lamar
   1-17  University System to the board of regents of the Texas State
   1-18  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, including Lamar University at
   1-22  Orange, Lamar University at Port Arthur, and Lamar University
   1-23  Institute of Technology and all land, buildings, facilities,
   1-24  improvements, equipment, supplies, and property comprising that
    2-1  institution pursuant to the powers, duties, and responsibilities
    2-2  that are or may be conferred by law upon the board of regents of
    2-3  the Texas State University System for the governance, operation,
    2-4  management, and control of component institutions comprising that
    2-5  system.
    2-6        SECTION 4.  APPROPRIATIONS.  Appropriations made by the
    2-7  legislature for the use and benefit of Lamar University, including
    2-8  Lamar University at Orange, Lamar University at Port Arthur, and
    2-9  Lamar University Institute of Technology, under the governance of
   2-10  the board of regents of the Lamar University System are transferred
   2-11  to the board of regents of the Texas State University System for
   2-12  the use and benefit of that institution.  Other funds held for the
   2-13  use and benefit of Lamar University, including Lamar University at
   2-14  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, including Lamar University
   2-22  at Orange, Lamar University at Port Arthur, and Lamar University
   2-23  Institute of Technology, are ratified, confirmed, and validated.
   2-24  In those contracts and written obligations, including bonds, the
   2-25  board of regents of the Texas State University System is
   2-26  substituted for and stands and acts in the place of the board of
   2-27  regents of the Lamar University System.
    3-1        SECTION 6.  EFFECT OF TRANSFER.  The transfer of governance,
    3-2  operation, management, and control of Lamar University, including
    3-3  Lamar University at Orange, Lamar University at Port Arthur, and
    3-4  Lamar University Institute of Technology, from the board of regents
    3-5  of the Lamar University System to the board of regents of the Texas
    3-6  State University System does not affect:
    3-7              (1)  the credit hours earned by students at those
    3-8  institutions before the effective date of this Act; or
    3-9              (2)  the employment status on the effective date of
   3-10  this Act of the administrative, faculty, or support staff of those
   3-11  institutions.
   3-12        SECTION 7.  AMENDMENT.  Sections 95.02 and 95.05, Education
   3-13  Code, are amended to read as follows:
   3-14        Sec. 95.02.  BOARD MEMBERS:  APPOINTMENT, QUALIFICATIONS,
   3-15  TERMS.  The board is composed of 12 <nine> members appointed by the
   3-16  governor with the advice and consent of the senate.  The members
   3-17  hold office for terms of six years, with the terms of four <three>
   3-18  members expiring February 1 of each odd-numbered year <years>.
   3-19  Each member of the board shall be a qualified voter; and the
   3-20  members shall be selected from different portions of the state.
   3-21        Sec. 95.05.  QUORUM.  A majority of the <Five> members of the
   3-22  board shall be a quorum for the transaction of business at any
   3-23  meeting and, unless a greater number is required by the board's
   3-24  rules, the act of a majority of the members present at any meeting
   3-25  shall be the act of the board.
   3-26        SECTION 8.  AMENDMENT.  Chapter 96, Education Code, is
   3-27  amended by adding Subchapter E to read as follows:
    4-1       SUBCHAPTER E.  LAMAR UNIVERSITY AND RELATED INSTITUTIONS
    4-2        Sec. 96.701.  LAMAR UNIVERSITY.  Lamar University is a
    4-3  coeducational institution of higher education located in the city
    4-4  of Beaumont.
    4-5        Sec. 96.702.  SPINDLETOP MEMORIAL MUSEUM.  The board may
    4-6  create the Spindletop Memorial Museum at Lamar University and may
    4-7  administer the museum as the board considers appropriate.
    4-8        Sec. 96.703.  LAMAR UNIVERSITY INSTITUTE OF TECHNOLOGY.  The
    4-9  board shall maintain an education center of Lamar University to be
   4-10  known as Lamar University Institute of Technology.  The institute
   4-11  is a two-year freshman and sophomore level institution of higher
   4-12  education located in the city of Beaumont.
   4-13        Sec. 96.704.  EDUCATION CENTERS AT PORT ARTHUR AND ORANGE.
   4-14  (a)  The board shall establish educational centers of Lamar
   4-15  University in the counties of Jefferson and Orange, to be known as
   4-16  Lamar University at Port Arthur and Lamar University at Orange, to
   4-17  accept freshman and sophomore level students only.
   4-18        (b)  The board may acquire, construct, or otherwise make
   4-19  provision for adequate physical facilities for use by Lamar
   4-20  University at Port Arthur and Lamar University at Orange and may
   4-21  accept and administer, on terms and conditions satisfactory to the
   4-22  board, grants or gifts of money or property tendered by any reason
   4-23  for the use and benefit of the school.
   4-24        (c)  The board with approval of the Texas Higher Education
   4-25  Coordinating Board may prescribe courses leading to customary
   4-26  degrees, and make other rules and regulations for the operation,
   4-27  control, and management of the Lamar University at Port Arthur and
    5-1  Lamar University at Orange as necessary for each school to be a
    5-2  first-class institution for freshman and sophomore students.
    5-3        (d)  Nothing in this section shall be construed to limit the
    5-4  powers of the board as conferred by law.
    5-5        (e)  For Lamar University at Port Arthur and Lamar University
    5-6  at Orange, the board may expend funds allocated to Lamar University
    5-7  under Chapter 62 for any of the purposes listed in Section 17,
    5-8  Article VII, Texas Constitution, in the same manner and under the
    5-9  same circumstances as expenditures for those purposes for separate
   5-10  degree-granting institutions.
   5-11        Sec. 96.705.  STUDENT CENTERS AT EDUCATIONAL CENTERS.  (a)
   5-12  The board may issue general revenue bonds in accordance with
   5-13  Chapter 55 for the purpose of constructing a student center for
   5-14  each of the educational centers of Lamar University authorized by
   5-15  Section 96.704.
   5-16        (b)  The board may levy a regular fixed student fee of $25
   5-17  per student for each semester of the long session and $12.50 per
   5-18  student for each term of the summer session against each student
   5-19  enrolled in each center.  The board may pledge all or part of the
   5-20  fees collected to the payment of principal of and interest on bonds
   5-21  issued under Subsection (a).
   5-22        (c)  The decision to levy a student center fee, the amount of
   5-23  the initial fee, and an increase in the fee must be approved by a
   5-24  majority vote of those students participating in a general election
   5-25  called for that purpose.
   5-26        SECTION 9.  AMENDMENT.  Subchapter D, Chapter 108, Education
   5-27  Code, is redesignated as Subchapter F, Chapter 96, Education Code,
    6-1  and amended to read as follows:
    6-2          SUBCHAPTER F <D>.  HAZARDOUS WASTE RESEARCH CENTER
    6-3        Sec. 96.751 <108.051>.  Establishment.  The Hazardous Waste
    6-4  Research Center is established at Lamar University at Beaumont.
    6-5  The center is under the statutory authority of the board of regents
    6-6  of the Texas State <Lamar> University System.
    6-7        Sec. 96.752 <108.052>.  Purpose.  The center shall carry out
    6-8  a program of research, evaluation, testing, development, and
    6-9  demonstration of alternative or innovative technologies which may
   6-10  be utilized in minimization, destruction, or handling of hazardous
   6-11  wastes to achieve better protection of human health and the
   6-12  environment.
   6-13        Sec. 96.753 <108.053>.  Primary Functions.  (a)  The center
   6-14  shall provide coordination of the activities of a consortium of
   6-15  Texas universities initially consisting of the Texas Engineering
   6-16  Experiment Station</a component> of The Texas A&M University
   6-17  System, University of Houston-University Park, The University of
   6-18  Texas at Austin, and Lamar University at Beaumont, and such other
   6-19  entities as may hereinafter become affiliated.
   6-20        (b)  The center shall develop and maintain a database
   6-21  relevant to the programs of the center.
   6-22        Sec. 96.754 <108.054>.  Staffing.  The center may employ such
   6-23  personnel as are necessary.
   6-24        Sec. 96.755 <108.055>.  Program.  (a)  The program shall be
   6-25  authorized to include:
   6-26              (1)  primary and secondary research;
   6-27              (2)  collection, analysis, and dissemination of
    7-1  information;
    7-2              (3)  the development of public policy recommendations;
    7-3              (4)  training related to the handling and management of
    7-4  hazardous waste;
    7-5              (5)  evaluation of technologies for the treatment and
    7-6  disposal of hazardous wastes;
    7-7              (6)  demonstration projects and pilot studies of
    7-8  processing, storage, and destruction technologies; and
    7-9              (7)  other services consistent with the purposes of the
   7-10  program.
   7-11        (b)  In carrying out its established programs, the center is
   7-12  authorized to enter into agreements with:
   7-13              (1)  the members of the Texas Consortium;
   7-14              (2)  other universities in Texas, Louisiana,
   7-15  Mississippi, Alabama, Florida, and other states;
   7-16              (3)  private research organizations; and
   7-17              (4)  industry.
   7-18        Sec. 96.756 <108.056>.  Policy Board.  A policy board is
   7-19  created to determine the policies for program research, evaluation,
   7-20  testing, development, demonstration, intellectual property rights,
   7-21  and peer review.  The policy board consists of each member of the
   7-22  consortium.  The governing board of each institution of higher
   7-23  education belonging to the consortium shall appoint an individual
   7-24  to serve as a member of the policy board.
   7-25        Sec. 96.757 <108.057>.  Advisory Council.  The institutions
   7-26  of higher education that are members of the policy board shall
   7-27  appoint an advisory council to develop recommendations on the
    8-1  priorities for research and to serve as a resource group on the
    8-2  projects.  Each institution shall appoint two members from private
    8-3  industry and two other members to serve for terms to be set by the
    8-4  policy board.
    8-5        Sec. 96.758 <108.058>.  Grants and Contracts.  The center
    8-6  shall seek grant and contract support from federal and other
    8-7  sources to the extent possible and accept gifts and donations to
    8-8  support its purposes and programs.
    8-9        Sec. 96.759 <108.059>.  State Funds.  The center is
   8-10  authorized to receive state appropriated funds as considered
   8-11  <deemed> appropriate by the legislature.
   8-12        Sec. 96.760 <108.060>.  Disbursement Policy.  Disbursement of
   8-13  funds received by the center on behalf of the consortium shall be
   8-14  on an equitable basis and in accordance with policy determined by
   8-15  the policy board subject to laws of the state and policies of
   8-16  member institutions.  Disbursement policy shall recognize the need
   8-17  for core program support at each consortium institution, matching
   8-18  requirements for federal grants and contracts, general
   8-19  administration, and new initiatives.  Disbursement of funds
   8-20  received in response to specific proposals shall be in accordance
   8-21  with those proposals.
   8-22        SECTION 10.  AMENDMENT.  Subchapter E, Chapter 108, Education
   8-23  Code, is redesignated as Subchapter G, Chapter 96, Education Code,
   8-24  and amended to read as follows:
   8-25   SUBCHAPTER G <E>.  TEXAS ACADEMY OF LEADERSHIP IN THE HUMANITIES
   8-26        Sec. 96.771 <108.071>.  Definitions.  In this subchapter:
   8-27              (1)  "Academy" means the Texas Academy of Leadership in
    9-1  the Humanities.
    9-2              (2)  "Board" means the board of regents of the Texas
    9-3  State <Lamar> University System.
    9-4        Sec. 96.772 <108.072>.  Establishment.  The academy is
    9-5  established as a two-year program at Lamar University-Beaumont for
    9-6  secondary school students selected under this subchapter.  The
    9-7  academy is under the management and control of the board.
    9-8        Sec. 96.773 <108.073>.  Goals.  The goals of the academy are
    9-9  to:
   9-10              (1)  provide gifted and talented secondary school
   9-11  students with accelerated academic experiences to ensure success as
   9-12  undergraduates with advanced standing;
   9-13              (2)  encourage those students to develop their full
   9-14  leadership potential and their ethical decision-making
   9-15  capabilities;
   9-16              (3)  provide those students with academic and social
   9-17  role models and mentors to motivate them to pursue academic
   9-18  excellence and self-direction;
   9-19              (4)  provide a model setting for the training of
   9-20  teachers in the educational materials and methods appropriate for
   9-21  gifted learners;
   9-22              (5)  encourage the cooperation of business leaders and
   9-23  Lamar University staff to provide practical settings and
   9-24  experiences for those students through independent study,
   9-25  shadowing, and mentorship;
   9-26              (6)  establish a setting to support necessary research
   9-27  to determine the academy's effectiveness and to disseminate results
   10-1  of that research; and
   10-2              (7)  promote the active involvement of parents in all
   10-3  educational programs of the academy.
   10-4        Sec. 96.774 <108.074>.  Eligibility.  To be eligible for
   10-5  admission to the academy, a student must:
   10-6              (1)  complete and file with the board, on a form
   10-7  prescribed by the board, an application for admission and a written
   10-8  essay on a topic selected by the board;
   10-9              (2)  have successfully completed 10th grade in school;
  10-10              (3)  be nominated by a teacher, school administrator,
  10-11  parent, community leader, or another secondary school student;
  10-12              (4)  submit to the board two written recommendations
  10-13  from teachers;
  10-14              (5)  have a composite score on an assessment test that
  10-15  is equal to or greater than the equivalent of 1,000 on the
  10-16  Scholastic Aptitude Test;
  10-17              (6)  have a language score on an assessment test that
  10-18  is equal to or greater than the equivalent of 550 on the Scholastic
  10-19  Aptitude Test; and
  10-20              (7)  have complied with any other requirements adopted
  10-21  by the board under this subchapter.
  10-22        Sec. 96.775 <108.075>.  Recruitment of Minorities.  The board
  10-23  shall recruit minority secondary school students to apply for
  10-24  admission to the academy.
  10-25        Sec. 96.776 <108.076>.  Selection.  (a)  The board shall
  10-26  select for admission to the academy eligible students based on
  10-27  additional testing required by the board and on a personal
   11-1  interview by a selection committee appointed by the board.
   11-2        (b)  If the board selects an eligible student for admission
   11-3  to the academy, the board shall send written notice to the student
   11-4  and the student's school district.
   11-5        Sec. 96.777 <108.077>.  Enrolled Students.  (a)  The board
   11-6  shall establish a tuition and fee scholarship for each student who
   11-7  enrolls in the academy.
   11-8        (b)  A student who enrolls at the academy is responsible for
   11-9  room, board, and book costs and must live in a residence determined
  11-10  by board rule.
  11-11        Sec. 96.778 <108.078>.  Staff.  (a)  The academy courses are
  11-12  taught by the faculty members of Lamar University.
  11-13        (b)  The board may employ additional staff for the academy.
  11-14        Sec. 96.779 <108.079>.  Mentors.  The board shall provide
  11-15  each student enrolled in the academy with a mentor who is a faculty
  11-16  member at Lamar University to assist the student in completing the
  11-17  student's course of study in the academy.
  11-18        Sec. 96.780 <108.080>.  College Credit.  A student of the
  11-19  academy may attend a college course offered by Lamar University and
  11-20  receive college credit for that course.
  11-21        Sec. 96.781 <108.081>.  Gifts and Grants.  The board may
  11-22  accept gifts and grants from a public or private source for the
  11-23  academy.
  11-24        SECTION 11.  AMENDMENT.  Section 54.517, Education Code, is
  11-25  amended to read as follows:
  11-26        Sec. 54.517.  Student Center Fees; Lamar University.  The
  11-27  board of regents of the Texas State <Lamar> University System may
   12-1  levy a regular fixed student fee not to exceed $30 per student for
   12-2  each semester of the long session and not to exceed $15 per student
   12-3  for each term of the summer session, against each student enrolled
   12-4  in Lamar University, as in their discretion may be just and
   12-5  necessary for the purpose of operating, maintaining, improving, and
   12-6  equipping the student center and acquiring or constructing
   12-7  additions to the student center.
   12-8        SECTION 12.  AMENDMENT.  Section 12.1105(e), Parks and
   12-9  Wildlife Code, is amended to read as follows:
  12-10        (e)  The Parks and Wildlife Department, when requested by
  12-11  authorized representatives of units of The University of Texas
  12-12  System, The Texas A&M University System, the Texas A&I University
  12-13  System, Pan American University, the Texas State <Lamar> University
  12-14  System, and Southwest Texas State University, engaged in teaching
  12-15  and research related to marine science and oceanography, may
  12-16  transfer to such units of said universities and university systems
  12-17  nets, seines, and other marine equipment, which have been seized
  12-18  under this section, to be used in carrying out the teaching and
  12-19  research programs within said institutions.
  12-20        SECTION 13.  REPEALER.  The provisions of Chapter 108,
  12-21  Education Code, not transferred to Chapter 96, Education Code, by
  12-22  this Act are repealed.
  12-23        SECTION 14.  EFFECTIVE DATE; INITIAL APPOINTMENTS.  (a)  This
  12-24  Act takes effect September 1, 1995.
  12-25        (b)  The governor shall make the initial appointments to the
  12-26  new positions added by this Act to the board of regents of the
  12-27  Texas State University System as follows:
   13-1              (1)  one member to a term expiring February 1, 1997;
   13-2              (2)  one member to a term expiring February 1, 1999;
   13-3  and
   13-4              (3)  one member to a term expiring February 1, 2001.
   13-5        SECTION 15.  EMERGENCY.  The importance of this legislation
   13-6  and the crowded condition of the calendars in both houses create an
   13-7  emergency and an imperative public necessity that the
   13-8  constitutional rule requiring bills to be read on three several
   13-9  days in each house be suspended, and this rule is hereby suspended.