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.