1-1 By: Zaffirini S.B. No. 11
1-2 (In the Senate - Filed March 7, 1995; March 7, 1995, read
1-3 first time and referred to Committee on Finance; March 9, 1995,
1-4 reported favorably by the following vote: Yeas 12, Nays 1;
1-5 March 9, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the transfer of Texas A&M International University from
1-9 The Texas A&M University System to The University of Texas System
1-10 and to changing the name of that university.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. CHANGE OF NAME. (a) The name of Texas A&M
1-13 International University is changed to The University of
1-14 Texas--International.
1-15 (b) A reference in law to Texas A&M International University
1-16 means The University of Texas--International.
1-17 (c) The board of regents of The University of Texas System
1-18 shall conform the names of the Center for Border Economic and
1-19 Enterprise Development and other components or programs operated by
1-20 or in connection with Texas A&M International University on the
1-21 effective date of this Act to reflect the change of the name of
1-22 that university made by this Act.
1-23 SECTION 2. TRANSFER. (a) The governance, operation,
1-24 management, and control of The University of Texas--International,
1-25 formerly Texas A&M International University, along with all right,
1-26 title, and interest in the land, buildings, facilities,
1-27 improvements, equipment, supplies, and property comprising that
1-28 institution, are transferred from the board of regents of The Texas
1-29 A&M University System to the board of regents of The University of
1-30 Texas System.
1-31 (b) The transfer made by this section includes the Center
1-32 for Border Economic and Enterprise Development and all other
1-33 components or programs operated by or in connection with Texas A&M
1-34 International University on the effective date of this Act.
1-35 SECTION 3. POWERS AND DUTIES. The board of regents of The
1-36 University of Texas System shall undertake to govern, operate,
1-37 manage, and control The University of Texas--International and all
1-38 land, buildings, facilities, improvements, equipment, supplies, and
1-39 property comprising that institution pursuant to the powers,
1-40 duties, and responsibilities conferred by law on the board of
1-41 regents of The University of Texas System for the governance,
1-42 operation, management, and control of component institutions
1-43 comprising that system.
1-44 SECTION 4. APPROPRIATIONS. Appropriations made for the use
1-45 and benefit of The University of Texas--International under the
1-46 governance of the board of regents of The Texas A&M University
1-47 System are transferred to the board of regents of The University of
1-48 Texas System for the use and benefit of that institution. Other
1-49 funds held for the use and benefit of The University of
1-50 Texas--International shall continue to be available for the use and
1-51 benefit of that institution notwithstanding the change in
1-52 governance made by this Act.
1-53 SECTION 5. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and
1-54 written obligations of every kind and character, including bonds,
1-55 entered into by the board of regents of The Texas A&M University
1-56 System for and on behalf of The University of Texas--International
1-57 are ratified, confirmed, and validated. In those contracts and
1-58 written obligations, including bonds, the board of regents of The
1-59 University of Texas System is substituted for and stands and acts
1-60 in the place of the board of regents of The Texas A&M University
1-61 System. If before the transfer all or part of the revenue of The
1-62 University of Texas--International was pledged to the payment of
1-63 bonds issued by The Texas A&M University System under a systemwide
1-64 revenue financing program, that part of the revenue of the
1-65 university remains pledged to the payment of the bonds
1-66 notwithstanding the transfer, and The University of Texas System
1-67 shall deposit that part of the revenue to the credit of The Texas
1-68 A&M University System.
2-1 SECTION 6. EMPLOYEE INSURANCE AND OTHER BENEFITS. Any
2-2 contract or other agreement with a provider of insurance or
2-3 employee benefits that provides coverage for employees of Texas A&M
2-4 International University is not void nor does it terminate on the
2-5 effective date of this Act. Any such contract or agreement remains
2-6 in full force and effect until its date of expiration unless it
2-7 terminates before the expiration date in accordance with its terms.
2-8 All persons for whom the insurance is provided on the effective
2-9 date of this Act are covered by the insurance in accordance with
2-10 the terms of those agreements until the respective dates of
2-11 termination or expiration of those agreements. The persons covered
2-12 by the agreements who are employees of The University of Texas
2-13 System on the respective termination or expiration dates of those
2-14 agreements shall be included in any similar agreements that relate
2-15 to other employees of The University of Texas System and that are
2-16 in effect on the termination or expiration dates.
2-17 SECTION 7. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
2-18 The transfer of governance, operation, management, and control of
2-19 The University of Texas--International from the board of regents of
2-20 The Texas A&M University System to the board of regents of The
2-21 University of Texas System does not affect:
2-22 (1) the credit hours earned by students at that
2-23 institution before the effective date of this Act; or
2-24 (2) the employment status on the effective date of
2-25 this Act of the administrative, faculty, or support staff of The
2-26 University of Texas--International.
2-27 SECTION 8. AMENDMENT. Section 55.1712, Education Code, is
2-28 amended to read as follows:
2-29 Sec. 55.1712. THE UNIVERSITY OF TEXAS--INTERNATIONAL <TEXAS
2-30 A&M INTERNATIONAL UNIVERSITY>. (a) The board of regents of The
2-31 University of Texas <A&M University> System may acquire, purchase,
2-32 construct, improve, enlarge, and equip property, buildings,
2-33 structures, facilities, roads, and related infrastructure for The
2-34 University of Texas--International <Texas A&M International
2-35 University>.
2-36 (b) The board may finance those items listed under
2-37 Subsection (a) of this section through the issuance of bonds under
2-38 this subchapter and in accordance with its existing system-wide
2-39 revenue financing program. The board may pledge irrevocably to the
2-40 payment of those bonds all or any part of the aggregate amount of
2-41 student tuition charges required or authorized by law to be imposed
2-42 on students enrolled at The University of Texas--International
2-43 <Texas A&M International University>. The amount of a pledge made
2-44 under this subsection may not be reduced or abrogated while the
2-45 bonds for which the pledge is made, or bonds issued to refund those
2-46 bonds, are outstanding.
2-47 (c) Bonds issued under this section may not be issued in an
2-48 aggregate principal amount exceeding $30 million.
2-49 SECTION 9. AMENDMENT. Subsection (a), Section 55.1713,
2-50 Education Code, is amended to read as follows:
2-51 (a) In addition to the authority granted by Sections 55.13,
2-52 55.14, 55.17, 55.171, 55.1711, <55.1712,> and 55.19 of this code,
2-53 the board of regents of The Texas A&M University System may
2-54 acquire, purchase, construct, improve, renovate, enlarge, or equip
2-55 property, buildings, structures, facilities, roads, or related
2-56 infrastructure for the following institutions to be financed by the
2-57 issuance of bonds in accordance with this subchapter and in
2-58 accordance with a systemwide revenue financing program adopted by
2-59 the board in aggregate principal amounts not to exceed the
2-60 following amounts:
2-61 (1) Texas A&M University--Corpus Christi, $22 million;
2-62 and
2-63 (2) <Texas A&M International University, $36 million;
2-64 and>
2-65 <(3)> Texas A&M University--Kingsville, $17 million.
2-66 SECTION 10. AMENDMENT. Section 61.0592, Education Code, as
2-67 added by Chapter 260, Acts of the 73rd Legislature, 1993, is
2-68 amended to read as follows:
2-69 Sec. 61.0592. UPPER-LEVEL TRANSITION FUNDING FOR THE
2-70 UNIVERSITY OF TEXAS--INTERNATIONAL <TEXAS A&M INTERNATIONAL
3-1 UNIVERSITY>. (a) Notwithstanding Section 61.059 of this code, a
3-2 formula adopted by the board under that section that provides a
3-3 differential rate for each semester credit hour between four-year
3-4 general academic teaching institutions and upper-level institutions
3-5 shall be modified and applied as provided by this section to The
3-6 University of Texas--International <Texas A&M International
3-7 University>.
3-8 (b) In addition to other funding that The University of
3-9 Texas--International <Texas A&M International University> is
3-10 entitled to receive, the university is entitled to receive
3-11 additional funds in accordance with this section.
3-12 (c) The formula for four-year general academic teaching
3-13 institutions shall be applied to all lower-division semester credit
3-14 hours.
3-15 (d) For the first two state fiscal years that begin after
3-16 The University of Texas--International <Texas A&M International
3-17 University> first admits lower-division students or offers
3-18 lower-division courses, the formula for upper-level general
3-19 academic teaching institutions shall be applied to upper-division
3-20 semester credit hours at the university.
3-21 (e) Beginning with the third state fiscal year that begins
3-22 after The University of Texas--International <Texas A&M
3-23 International University> first admits lower-division students or
3-24 offers lower-division courses, the formula for four-year general
3-25 academic teaching institutions shall be applied to upper-division
3-26 semester credit hours at the university, except that the board
3-27 shall modify the formula to provide the university additional
3-28 funding equal to a percent of the difference between the amount
3-29 derived from the application of the four-year formula to the
3-30 university's upper-division semester credit hours and the amount
3-31 derived from the application of the upper-level formula to those
3-32 semester credit hours. The percent to be applied to that
3-33 difference is 87.5 percent for the first fiscal year to which this
3-34 subsection applies and is reduced by 12.5 percentage points for
3-35 each subsequent fiscal year.
3-36 SECTION 11. AMENDMENT. Subsection (a), Section 62.021,
3-37 Education Code, is amended to read as follows:
3-38 (a) Each fiscal year, an eligible institution is entitled to
3-39 receive an amount allocated in accordance with this section from
3-40 funds appropriated by Article VII, Section 17(a), of the
3-41 Constitution of Texas. The comptroller of public accounts shall
3-42 distribute funds allocated under this subsection only on
3-43 presentation of a claim and issuance of a warrant in accordance
3-44 with Section 403.071, Government Code. The comptroller may not
3-45 issue a warrant from any funds allocated under this subsection
3-46 before the delivery of goods or services described in Section 17,
3-47 Article VII, Texas Constitution, except for the payment of
3-48 principal or interest on bonds or notes. The allocation of funds
3-49 under this subsection is made in accordance with an equitable
3-50 formula consisting of the following elements: space deficit,
3-51 facilities condition, institutional complexity, separate allocation
3-52 for medical units, and additional allocation for compliance with
3-53 the Texas Desegregation Plan. The amounts allocated by such
3-54 formula are as follows:
3-55 $ 2,971,685 East Texas State University including East Texas State
3-56 University at Texarkana;
3-57 $ 7,125,680 Lamar University including Lamar University at Orange
3-58 and Lamar University at Port Arthur;
3-59 $ 1,645,885 Midwestern State University;
3-60 $11,444,067 University of North Texas;
3-61 $ 3,196,287 The University of Texas--Pan American and The
3-62 University of Texas at Brownsville;
3-63 $ The University of Texas--International;
3-64 $ 5,152,124 Stephen F. Austin State University;
3-65 $ 2,166,667 University of North Texas Health Science Center at
3-66 Fort Worth;
3-67 $19,724,411 Texas State University System Administration and the
3-68 following component institutions: Angelo State
3-69 University; Sam Houston State University; Southwest
3-70 Texas State University; Sul Ross State University
4-1 including Uvalde Study Center;
4-2 $ 6,596,436 Texas Southern University (includes allocation of
4-3 $2,700,000 for compliance with Texas Desegregation
4-4 Plan);
4-5 $10,538,296 Texas Tech University;
4-6 $ 4,333,333 Texas Tech University Health Sciences Center;
4-7 $ 3,583,869 Texas Woman's University;
4-8 $15,799,996 University of Houston System Administration and the
4-9 following component institutions:
4-10 University of Houston;
4-11 University of Houston--Victoria;
4-12 University of Houston--Clear Lake;
4-13 University of Houston--Downtown;
4-14 $ <$ 3,636,316> Corpus Christi State University; <Texas
4-15 A&M International University;> Texas A&I University;
4-16 and
4-17 $ 2,084,948 West Texas State University.
4-18 SECTION 12. AMENDMENT. Subsection (e), Section 69.22,
4-19 Education Code, is amended to read as follows:
4-20 (e) The center established under this section shall
4-21 cooperate fully with similar programs operated by The University of
4-22 Texas--International <Texas A&M International University>, The
4-23 University of Texas--Pan American, and other institutions of higher
4-24 education.
4-25 SECTION 13. AMENDMENT. Subsection (e), Section 77.36,
4-26 Education Code, is amended to read as follows:
4-27 (e) The center established under this section shall
4-28 cooperate fully with similar programs operated by The University of
4-29 Texas at El Paso, The University of Texas--International <Texas A&M
4-30 International University>, and other institutions of higher
4-31 education.
4-32 SECTION 14. AMENDMENT. Subtitle C, Title 3, Education Code,
4-33 is amended by adding Chapter 79 to read as follows:
4-34 CHAPTER 79. THE UNIVERSITY OF TEXAS--INTERNATIONAL
4-35 Sec. 79.001. ESTABLISHMENT; SCOPE. (a) The University of
4-36 Texas--International is a coeducational institution of higher
4-37 education located in the City of Laredo. The institution is a
4-38 component institution of The University of Texas System and is
4-39 under the management and control of the board of regents of The
4-40 University of Texas System.
4-41 (b) The board has the same powers and duties concerning The
4-42 University of Texas--International as are conferred on it by
4-43 statute concerning The University of Texas at Austin.
4-44 (c) The institution may teach undergraduate or graduate
4-45 level courses.
4-46 Sec. 79.002. COURSES AND DEGREES; RULES; JOINT APPOINTMENTS.
4-47 (a) The board, with the approval of the Texas Higher Education
4-48 Coordinating Board, may prescribe courses leading to customary
4-49 degrees as are offered at leading American educational institutions
4-50 and may award those degrees.
4-51 (b) The degrees offered by the institution may include
4-52 baccalaureate, master's, and doctoral degrees and their
4-53 equivalents.
4-54 (c) A new department, school, or degree program may not be
4-55 instituted without the prior approval of the Texas Higher Education
4-56 Coordinating Board.
4-57 (d) The board shall adopt other rules for the operation,
4-58 control, and management of The University of Texas--International
4-59 as may be necessary for the institution to be a first-class
4-60 institution of higher education.
4-61 (e) The board may make joint faculty appointments in The
4-62 University of Texas--International and in other institutions under
4-63 its governance. The salary of a person who receives a joint
4-64 appointment shall be apportioned to the appointing institution on
4-65 the basis of services rendered.
4-66 (f) The board, with the approval of the Texas Higher
4-67 Education Coordinating Board, may contract with the governing board
4-68 of another general academic teaching institution as defined by
4-69 Section 61.003 or with the governing board of a college or
4-70 university in the United Mexican States or Canada to offer joint
5-1 degree programs.
5-2 Sec. 79.003. GRADUATE SCHOOL OF INTERNATIONAL TRADE.
5-3 Subject to the approval of the board and the Texas Higher Education
5-4 Coordinating Board, a graduate school of international trade shall
5-5 be established at The University of Texas--International.
5-6 Sec. 79.004. CENTER FOR BORDER ECONOMIC AND ENTERPRISE
5-7 DEVELOPMENT. (a) The board shall establish a center for border
5-8 economic and enterprise development at The University of
5-9 Texas--International.
5-10 (b) The center established under this section may:
5-11 (1) develop and manage an economic database concerning
5-12 the Texas-Mexico border;
5-13 (2) perform economic development planning and
5-14 research;
5-15 (3) provide technical assistance to industrial and
5-16 governmental entities; and
5-17 (4) in cooperation with other state agencies,
5-18 coordinate economic and enterprise development planning activities
5-19 of state agencies to ensure that the economic needs of the
5-20 Texas-Mexico border are integrated within a comprehensive state
5-21 economic development plan.
5-22 (c) The center may offer seminars and conduct conferences
5-23 and other educational programs concerning the Texas-Mexico border
5-24 economy and economic and enterprise development within the state.
5-25 (d) The board may solicit and accept gifts, grants, and
5-26 donations to aid in the establishment, maintenance, and operation
5-27 of the center.
5-28 (e) The center established under this section shall
5-29 cooperate fully with similar programs operated by The University of
5-30 Texas at El Paso, The University of Texas--Pan American, and other
5-31 institutions of higher education.
5-32 SECTION 15. AMENDMENT. Subsection (b), Section 481.060,
5-33 Government Code, is amended to read as follows:
5-34 (b) The electronic data base advisory committee is composed
5-35 of:
5-36 (1) a representative from the center for border
5-37 economic and enterprise development at The University of Texas at
5-38 El Paso, appointed by the president of the university;
5-39 (2) a representative from the University of North
5-40 Texas Institute for Regional Industrialization and Manufacturing
5-41 Technology, appointed by the president of the university;
5-42 (3) a representative from the Bureau of Business
5-43 Research at The University of Texas at Austin, appointed by the
5-44 president of the university;
5-45 (4) a representative from the Texas Agriculture Market
5-46 and Research Center, appointed by the president of Texas A&M
5-47 University;
5-48 (5) a representative from The University of Texas at
5-49 San Antonio, College of Business, division of management and
5-50 marketing, appointed by the president of the university;
5-51 (6) a representative from The University of Texas-Pan
5-52 American, appointed by the president of the university;
5-53 (7) a representative from The University of
5-54 Texas--International <Texas A&M International University>,
5-55 appointed by the president of the university;
5-56 (8) a representative from Texas Tech University,
5-57 appointed by the president of the university;
5-58 (9) a representative from the University of Houston,
5-59 appointed by the president of the university;
5-60 (10) a representative from Lamar University, appointed
5-61 by the president of the university;
5-62 (11) a representative from Sul Ross State University,
5-63 appointed by the president of the university; and
5-64 (12) persons appointed by the governor or the
5-65 executive director of the department.
5-66 SECTION 16. REPEALER. Subchapter F, Chapter 87, Education
5-67 Code, is repealed.
5-68 SECTION 17. EFFECTIVE DATE. This Act takes effect September
5-69 1, 1995.
5-70 SECTION 18. EMERGENCY. The importance of this legislation
6-1 and the crowded condition of the calendars in both houses create an
6-2 emergency and an imperative public necessity that the
6-3 constitutional rule requiring bills to be read on three several
6-4 days in each house be suspended, and this rule is hereby suspended.
6-5 * * * * *