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                               * * * * *