By: Zaffirini S.B. No. 11
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the transfer of Texas A&M International University from
1-2 The Texas A&M University System to The University of Texas System
1-3 and to changing the name of that university.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CHANGE OF NAME. (a) The name of Texas A&M
1-6 International University is changed to The University of
1-7 Texas--International.
1-8 (b) A reference in law to Texas A&M International University
1-9 means The University of Texas--International.
1-10 (c) The board of regents of The University of Texas System
1-11 shall conform the names of the Center for Border Economic and
1-12 Enterprise Development and other components or programs operated by
1-13 or in connection with Texas A&M International University on the
1-14 effective date of this Act to reflect the change of the name of
1-15 that university made by this Act.
1-16 SECTION 2. TRANSFER. (a) The governance, operation,
1-17 management, and control of The University of Texas--International,
1-18 formerly Texas A&M International University, along with all right,
1-19 title, and interest in the land, buildings, facilities,
1-20 improvements, equipment, supplies, and property comprising that
1-21 institution, are transferred from the board of regents of The Texas
1-22 A&M University System to the board of regents of The University of
1-23 Texas System.
1-24 (b) The transfer made by this section includes the Center
2-1 for Border Economic and Enterprise Development and all other
2-2 components or programs operated by or in connection with Texas A&M
2-3 International University on the effective date of this Act.
2-4 SECTION 3. POWERS AND DUTIES. The board of regents of The
2-5 University of Texas System shall undertake to govern, operate,
2-6 manage, and control The University of Texas--International and all
2-7 land, buildings, facilities, improvements, equipment, supplies, and
2-8 property comprising that institution pursuant to the powers,
2-9 duties, and responsibilities conferred by law on the board of
2-10 regents of The University of Texas System for the governance,
2-11 operation, management, and control of component institutions
2-12 comprising that system.
2-13 SECTION 4. APPROPRIATIONS. Appropriations made for the use
2-14 and benefit of The University of Texas--International under the
2-15 governance of the board of regents of The Texas A&M University
2-16 System are transferred to the board of regents of The University of
2-17 Texas System for the use and benefit of that institution. Other
2-18 funds held for the use and benefit of The University of
2-19 Texas--International shall continue to be available for the use and
2-20 benefit of that institution notwithstanding the change in
2-21 governance made by this Act.
2-22 SECTION 5. CONTRACTS AND WRITTEN OBLIGATIONS.
2-23 (a) Contracts and written obligations of every kind and character,
2-24 including bonds, entered into by the board of regents of The Texas
2-25 A&M University System for and on behalf of The University of
2-26 Texas--International are ratified, confirmed, and validated.
2-27 (b) Gift and donation agreements of every kind and character
3-1 entered into by the board of regents of The Texas A&M University
3-2 System for and on behalf of The University of Texas--International
3-3 and gift and donation agreements of every kind and character
3-4 entered into by The University of Texas--International are
3-5 ratified, confirmed, and validated.
3-6 (c) In those contracts, gifts, and written obligations, the
3-7 board of regents of The University of Texas System is substituted
3-8 for and stands and acts in the place of the board of regents of The
3-9 Texas A&M University System.
3-10 (d) The board of regents of The University of Texas System
3-11 is authorized and directed to enter into an agreement with the
3-12 board of regents of The Texas A&M University System agreeing to
3-13 make payments to The Texas A&M University System at the times and
3-14 in the amounts equal to the debt service coming due on the
3-15 obligations issued by the board of regents of The Texas A&M
3-16 University System for the benefit of and attributable to The
3-17 University of Texas--International. The obligation of the board of
3-18 regents of The University of Texas System under such agreement
3-19 shall be on a parity and of equal dignity with the obligations
3-20 issued under its systemwide revenue financing system. The board of
3-21 regents of The University of Texas System shall also agree to such
3-22 provisions as are necessary to assure that the board of regents of
3-23 The Texas A&M University System does not violate any covenants made
3-24 in proceedings authorizing obligations by virtue of actions taken
3-25 or failed to have been taken by The University of Texas System.
3-26 SECTION 6. EMPLOYEE INSURANCE AND OTHER BENEFITS. Any
3-27 contract or other agreement with a provider of insurance or
4-1 employee benefits that provides coverage for employees of Texas A&M
4-2 International University is not void nor does it terminate on the
4-3 effective date of this Act. Any such contract or agreement remains
4-4 in full force and effect until its date of expiration unless it
4-5 terminates before the expiration date in accordance with its terms.
4-6 All persons for whom the insurance is provided on the effective
4-7 date of this Act are covered by the insurance in accordance with
4-8 the terms of those agreements until the respective dates of
4-9 termination or expiration of those agreements. The persons covered
4-10 by the agreements who are employees of The University of Texas
4-11 System on the respective termination or expiration dates of those
4-12 agreements shall be included in any similar agreements that relate
4-13 to other employees of The University of Texas System and that are
4-14 in effect on the termination or expiration dates.
4-15 SECTION 7. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
4-16 The transfer of governance, operation, management, and control of
4-17 The University of Texas--International from the board of regents of
4-18 The Texas A&M University System to the board of regents of The
4-19 University of Texas System does not affect:
4-20 (1) the credit hours earned by students at that
4-21 institution before the effective date of this Act; or
4-22 (2) the employment status on the effective date of
4-23 this Act of the administrative, faculty, or support staff of The
4-24 University of Texas--International.
4-25 SECTION 8. AMENDMENT. Section 55.1712, Education Code, is
4-26 amended to read as follows:
4-27 Sec. 55.1712. THE UNIVERSITY OF TEXAS--INTERNATIONAL <TEXAS
5-1 A&M INTERNATIONAL UNIVERSITY>. (a) The board of regents of The
5-2 University of Texas <A&M University> System may acquire, purchase,
5-3 construct, improve, enlarge, and equip property, buildings,
5-4 structures, facilities, roads, and related infrastructure for The
5-5 University of Texas--International <Texas A&M International
5-6 University>.
5-7 (b) The board may finance those items listed under
5-8 Subsection (a) of this section through the issuance of bonds under
5-9 this subchapter and in accordance with its existing system-wide
5-10 revenue financing program. The board may pledge irrevocably to the
5-11 payment of those bonds all or any part of the aggregate amount of
5-12 student tuition charges required or authorized by law to be imposed
5-13 on students enrolled at The University of Texas--International
5-14 <Texas A&M International University>. The amount of a pledge made
5-15 under this subsection may not be reduced or abrogated while the
5-16 bonds for which the pledge is made, or bonds issued to refund those
5-17 bonds, are outstanding.
5-18 (c) Bonds issued under this section may not be issued in an
5-19 aggregate principal amount exceeding $30 million.
5-20 SECTION 9. AMENDMENT. Subsection (a), Section 55.1713,
5-21 Education Code, is amended to read as follows:
5-22 (a) In addition to the authority granted by Sections 55.13,
5-23 55.14, 55.17, 55.171, 55.1711, <55.1712,> and 55.19 of this code,
5-24 the board of regents of The Texas A&M University System may
5-25 acquire, purchase, construct, improve, renovate, enlarge, or equip
5-26 property, buildings, structures, facilities, roads, or related
5-27 infrastructure for the following institutions to be financed by the
6-1 issuance of bonds in accordance with this subchapter and in
6-2 accordance with a systemwide revenue financing program adopted by
6-3 the board in aggregate principal amounts not to exceed the
6-4 following amounts:
6-5 (1) Texas A&M University--Corpus Christi, $22 million;
6-6 and
6-7 (2) <Texas A&M International University, $36 million;
6-8 and>
6-9 <(3)> Texas A&M University--Kingsville, $17 million.
6-10 SECTION 10. Subsection (a), Section 55.1714, Education Code,
6-11 is amended to read as follows:
6-12 (a) In addition to the authority granted by Sections 55.13,
6-13 55.14, 55.17, 55.172, 55.1712, and 55.19 of this code, the board of
6-14 regents of The University of Texas System may acquire, purchase,
6-15 construct, improve, renovate, enlarge, or equip property,
6-16 buildings, structures, facilities, roads, or related infrastructure
6-17 for the following institutions to be financed by the issuance of
6-18 bonds in accordance with this subchapter, including bonds issued in
6-19 accordance with its systemwide revenue financing program and
6-20 secured as provided by that program, in aggregate principal amounts
6-21 not to exceed the following amounts:
6-22 (1) The University of Texas at Brownsville, $23.5
6-23 million;
6-24 (2) The University of Texas at El Paso, $23 million;
6-25 (3) The University of Texas--Pan American, $26
6-26 million;
6-27 (4) The University of Texas at San Antonio, $63.5
7-1 million;
7-2 (5) The University of Texas Health Science Center at
7-3 San Antonio, $25 million; <and>
7-4 (6) The University of Texas at Austin, $2 million; and
7-5 (7) The University of Texas--International, $36
7-6 million.
7-7 SECTION 11. AMENDMENT. Section 61.0592, Education Code, as
7-8 added by Chapter 260, Acts of the 73rd Legislature, 1993, is
7-9 amended to read as follows:
7-10 Sec. 61.0592. UPPER-LEVEL TRANSITION FUNDING FOR THE
7-11 UNIVERSITY OF TEXAS--INTERNATIONAL <TEXAS A&M INTERNATIONAL
7-12 UNIVERSITY>. (a) Notwithstanding Section 61.059 of this code, a
7-13 formula adopted by the board under that section that provides a
7-14 differential rate for each semester credit hour between four-year
7-15 general academic teaching institutions and upper-level institutions
7-16 shall be modified and applied as provided by this section to The
7-17 University of Texas--International <Texas A&M International
7-18 University>.
7-19 (b) In addition to other funding that The University of
7-20 Texas--International <Texas A&M International University> is
7-21 entitled to receive, the university is entitled to receive
7-22 additional funds in accordance with this section.
7-23 (c) The formula for four-year general academic teaching
7-24 institutions shall be applied to all lower-division semester credit
7-25 hours.
7-26 (d) For the first two state fiscal years that begin after
7-27 The University of Texas--International <Texas A&M International
8-1 University> first admits lower-division students or offers
8-2 lower-division courses, the formula for upper-level general
8-3 academic teaching institutions shall be applied to upper-division
8-4 semester credit hours at the university.
8-5 (e) Beginning with the third state fiscal year that begins
8-6 after The University of Texas--International <Texas A&M
8-7 International University> first admits lower-division students or
8-8 offers lower-division courses, the formula for four-year general
8-9 academic teaching institutions shall be applied to upper-division
8-10 semester credit hours at the university, except that the board
8-11 shall modify the formula to provide the university additional
8-12 funding equal to a percent of the difference between the amount
8-13 derived from the application of the four-year formula to the
8-14 university's upper-division semester credit hours and the amount
8-15 derived from the application of the upper-level formula to those
8-16 semester credit hours. The percent to be applied to that
8-17 difference is 87.5 percent for the first fiscal year to which this
8-18 subsection applies and is reduced by 12.5 percentage points for
8-19 each subsequent fiscal year.
8-20 SECTION 12. AMENDMENT. Subsection (a), Section 62.021,
8-21 Education Code, is amended to read as follows:
8-22 (a) Each fiscal year, an eligible institution is entitled to
8-23 receive an amount allocated in accordance with this section from
8-24 funds appropriated by Article VII, Section 17(a), of the
8-25 Constitution of Texas. The comptroller of public accounts shall
8-26 distribute funds allocated under this subsection only on
8-27 presentation of a claim and issuance of a warrant in accordance
9-1 with Section 403.071, Government Code. The comptroller may not
9-2 issue a warrant from any funds allocated under this subsection
9-3 before the delivery of goods or services described in Section 17,
9-4 Article VII, Texas Constitution, except for the payment of
9-5 principal or interest on bonds or notes. The allocation of funds
9-6 under this subsection is made in accordance with an equitable
9-7 formula consisting of the following elements: space deficit,
9-8 facilities condition, institutional complexity, separate allocation
9-9 for medical units, and additional allocation for compliance with
9-10 the Texas Desegregation Plan. The amounts allocated by such
9-11 formula are as follows:
9-12 $ 2,971,685 East Texas State University including East Texas State
9-13 University at Texarkana;
9-14 $ 7,125,680 Lamar University including Lamar University at Orange
9-15 and Lamar University at Port Arthur;
9-16 $ 1,645,885 Midwestern State University;
9-17 $11,444,067 University of North Texas;
9-18 $ 3,196,287 The University of Texas--Pan American and The
9-19 University of Texas at Brownsville;
9-20 $ The University of Texas--International;
9-21 $ 5,152,124 Stephen F. Austin State University;
9-22 $ 2,166,667 University of North Texas Health Science Center at
9-23 Fort Worth;
9-24 $19,724,411 Texas State University System Administration and the
9-25 following component institutions: Angelo State
9-26 University; Sam Houston State University; Southwest
9-27 Texas State University; Sul Ross State University
10-1 including Uvalde Study Center;
10-2 $ 6,596,436 Texas Southern University (includes allocation of
10-3 $2,700,000 for compliance with Texas Desegregation
10-4 Plan);
10-5 $10,538,296 Texas Tech University;
10-6 $ 4,333,333 Texas Tech University Health Sciences Center;
10-7 $ 3,583,869 Texas Woman's University;
10-8 $15,799,996 University of Houston System Administration and the
10-9 following component institutions:
10-10 University of Houston;
10-11 University of Houston--Victoria;
10-12 University of Houston--Clear Lake;
10-13 University of Houston--Downtown;
10-14 $ <$ 3,636,316> Corpus Christi State University; <Texas
10-15 A&M International University;> Texas A&I University;
10-16 and
10-17 $ 2,084,948 West Texas State University.
10-18 SECTION 13. AMENDMENT. Subsection (e), Section 69.22,
10-19 Education Code, is amended to read as follows:
10-20 (e) The center established under this section shall
10-21 cooperate fully with similar programs operated by The University of
10-22 Texas--International <Texas A&M International University>, The
10-23 University of Texas--Pan American, and other institutions of higher
10-24 education.
10-25 SECTION 14. AMENDMENT. Subsection (e), Section 77.36,
10-26 Education Code, is amended to read as follows:
10-27 (e) The center established under this section shall
11-1 cooperate fully with similar programs operated by The University of
11-2 Texas at El Paso, The University of Texas--International <Texas A&M
11-3 International University>, and other institutions of higher
11-4 education.
11-5 SECTION 15. AMENDMENT. Subtitle C, Title 3, Education Code,
11-6 is amended by adding Chapter 79 to read as follows:
11-7 CHAPTER 79. THE UNIVERSITY OF TEXAS--INTERNATIONAL
11-8 Sec. 79.001. ESTABLISHMENT; SCOPE. (a) The University of
11-9 Texas--International is a coeducational institution of higher
11-10 education located in the City of Laredo. The institution is a
11-11 component institution of The University of Texas System and is
11-12 under the management and control of the board of regents of The
11-13 University of Texas System.
11-14 (b) The board has the same powers and duties concerning The
11-15 University of Texas--International as are conferred on it by
11-16 statute concerning The University of Texas at Austin.
11-17 (c) The institution may teach undergraduate or graduate
11-18 level courses.
11-19 Sec. 79.002. COURSES AND DEGREES; RULES; JOINT APPOINTMENTS.
11-20 (a) The board, with the approval of the Texas Higher Education
11-21 Coordinating Board, may prescribe courses leading to customary
11-22 degrees as are offered at leading American educational institutions
11-23 and may award those degrees.
11-24 (b) The degrees offered by the institution may include
11-25 baccalaureate, master's, and doctoral degrees and their
11-26 equivalents.
11-27 (c) A new department, school, or degree program may not be
12-1 instituted without the prior approval of the Texas Higher Education
12-2 Coordinating Board.
12-3 (d) The board shall adopt other rules for the operation,
12-4 control, and management of The University of Texas--International
12-5 as may be necessary for the institution to be a first-class
12-6 institution of higher education.
12-7 (e) The board may make joint faculty appointments in The
12-8 University of Texas--International and in other institutions under
12-9 its governance. The salary of a person who receives a joint
12-10 appointment shall be apportioned to the appointing institution on
12-11 the basis of services rendered.
12-12 (f) The board, with the approval of the Texas Higher
12-13 Education Coordinating Board, may contract with the governing board
12-14 of another general academic teaching institution as defined by
12-15 Section 61.003 or with the governing board of a college or
12-16 university in the United Mexican States or Canada to offer joint
12-17 degree programs.
12-18 Sec. 79.003. GRADUATE SCHOOL OF INTERNATIONAL TRADE.
12-19 Subject to the approval of the board and the Texas Higher Education
12-20 Coordinating Board, a graduate school of international trade shall
12-21 be established at The University of Texas--International.
12-22 Sec. 79.004. CENTER FOR BORDER ECONOMIC AND ENTERPRISE
12-23 DEVELOPMENT. (a) The board shall establish a center for border
12-24 economic and enterprise development at The University of
12-25 Texas--International.
12-26 (b) The center established under this section may:
12-27 (1) develop and manage an economic database concerning
13-1 the Texas-Mexico border;
13-2 (2) perform economic development planning and
13-3 research;
13-4 (3) provide technical assistance to industrial and
13-5 governmental entities; and
13-6 (4) in cooperation with other state agencies,
13-7 coordinate economic and enterprise development planning activities
13-8 of state agencies to ensure that the economic needs of the
13-9 Texas-Mexico border are integrated within a comprehensive state
13-10 economic development plan.
13-11 (c) The center may offer seminars and conduct conferences
13-12 and other educational programs concerning the Texas-Mexico border
13-13 economy and economic and enterprise development within the state.
13-14 (d) The board may solicit and accept gifts, grants, and
13-15 donations to aid in the establishment, maintenance, and operation
13-16 of the center.
13-17 (e) The center established under this section shall
13-18 cooperate fully with similar programs operated by The University of
13-19 Texas at El Paso, The University of Texas--Pan American, and other
13-20 institutions of higher education.
13-21 SECTION 16. AMENDMENT. Subsection (b), Section 481.060,
13-22 Government Code, is amended to read as follows:
13-23 (b) The electronic data base advisory committee is composed
13-24 of:
13-25 (1) a representative from the center for border
13-26 economic and enterprise development at The University of Texas at
13-27 El Paso, appointed by the president of the university;
14-1 (2) a representative from the University of North
14-2 Texas Institute for Regional Industrialization and Manufacturing
14-3 Technology, appointed by the president of the university;
14-4 (3) a representative from the Bureau of Business
14-5 Research at The University of Texas at Austin, appointed by the
14-6 president of the university;
14-7 (4) a representative from the Texas Agriculture Market
14-8 and Research Center, appointed by the president of Texas A&M
14-9 University;
14-10 (5) a representative from The University of Texas at
14-11 San Antonio, College of Business, division of management and
14-12 marketing, appointed by the president of the university;
14-13 (6) a representative from The University of Texas-Pan
14-14 American, appointed by the president of the university;
14-15 (7) a representative from The University of
14-16 Texas--International <Texas A&M International University>,
14-17 appointed by the president of the university;
14-18 (8) a representative from Texas Tech University,
14-19 appointed by the president of the university;
14-20 (9) a representative from the University of Houston,
14-21 appointed by the president of the university;
14-22 (10) a representative from Lamar University, appointed
14-23 by the president of the university;
14-24 (11) a representative from Sul Ross State University,
14-25 appointed by the president of the university; and
14-26 (12) persons appointed by the governor or the
14-27 executive director of the department.
15-1 SECTION 17. REPEALER. Subchapter F, Chapter 87, Education
15-2 Code, is repealed.
15-3 SECTION 18. EFFECTIVE DATE. This Act takes effect September
15-4 1, 1995.
15-5 SECTION 19. EMERGENCY. The importance of this legislation
15-6 and the crowded condition of the calendars in both houses create an
15-7 emergency and an imperative public necessity that the
15-8 constitutional rule requiring bills to be read on three several
15-9 days in each house be suspended, and this rule is hereby suspended.