By: Cain, Sibley S.B. No. 1298
Turner
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the transfer of the Baylor College of Dentistry to The
1-2 Texas A&M University System and the transfer of Texas A&M
1-3 International University from The Texas A&M University System to
1-4 The University of Texas System.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE I. BAYLOR COLLEGE OF DENTISTRY
1-7 SECTION 1.01. TRANSFER OF GOVERNANCE. The Baylor College of
1-8 Dentistry, a Texas nonprofit corporation, including the
1-9 organization, control, management, and property of that
1-10 institution, is transferred to the board of regents of The Texas
1-11 A&M University System if the board of trustees of the Baylor
1-12 College of Dentistry and the board of regents of The Texas A&M
1-13 University System agree to the transfer not later than August 31,
1-14 1996. If the boards agree to the transfer in the time provided,
1-15 the transfer is effective September 1, 1996, and is governed by
1-16 Sections 1.02 through 1.07 of this Act. When the transfer takes
1-17 effect, the institution shall be known as The Texas A&M University
1-18 System--Baylor College of Dentistry.
1-19 SECTION 1.02. POWERS AND DUTIES; RULES AND POLICIES.
1-20 (a) The board of regents of The Texas A&M University System shall
1-21 undertake to govern, operate, manage, and control The Texas A&M
1-22 University System--Baylor College of Dentistry and all land,
1-23 buildings, facilities, improvements, equipment, supplies, and
1-24 property belonging to and comprising that institution under the
2-1 powers, duties, and responsibilities conferred by law on the board
2-2 of regents of The Texas A&M University System for the governance,
2-3 operation, management, and control of component institutions
2-4 comprising that system.
2-5 (b) The Texas A&M University System--Baylor College of
2-6 Dentistry may continue to award degrees in the same disciplines and
2-7 of the same academic standing as the Baylor College of Dentistry.
2-8 New degree programs at the institution are subject to the approval
2-9 process applicable to other state-supported dental schools.
2-10 (c) Rules and policies adopted by the board of trustees of
2-11 the Baylor College of Dentistry to govern that institution that are
2-12 in effect when the transfer takes effect are continued in effect
2-13 until adopted, repealed, or superseded by the board of regents of
2-14 The Texas A&M University System. The board of regents may adopt
2-15 rules and policies applicable to The Texas A&M University
2-16 System--Baylor College of Dentistry in anticipation of the transfer
2-17 authorized by this Act.
2-18 SECTION 1.03. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts
2-19 and written obligations of every kind and character entered into by
2-20 the board of trustees of the Baylor College of Dentistry for and on
2-21 behalf of the Baylor College of Dentistry are ratified, confirmed,
2-22 and validated. In those contracts and written obligations, the
2-23 board of regents of The Texas A&M University System is substituted
2-24 for and stands and acts in the place of the board of trustees of
2-25 the Baylor College of Dentistry to the extent permitted by law.
2-26 SECTION 1.04. EFFECT OF TRANSFER ON EMPLOYEES. For purposes
2-27 of employment benefits, a person who is an employee of the Baylor
3-1 College of Dentistry as of the effective date of the transfer shall
3-2 be treated the same as any other new employee of The Texas A&M
3-3 University System except that each employee shall be given credit
3-4 for all prior years of service at the Baylor College of Dentistry
3-5 for the purpose of annual leave accrual rates as state employees.
3-6 SECTION 1.05. CURRENT FUNDING. All funds that, on the
3-7 effective date of the transfer, have been dedicated to or are held
3-8 for the use and benefit of the Baylor College of Dentistry under
3-9 the governance of the board of trustees are transferred to the
3-10 board of regents of The Texas A&M University System for the use and
3-11 benefit of The Texas A&M University System--Baylor College of
3-12 Dentistry.
3-13 SECTION 1.06. EFFECT OF TRANSFER ON STUDENTS. The transfer
3-14 of governance, operation, management, and control of the Baylor
3-15 College of Dentistry to the board of regents of The Texas A&M
3-16 University System does not affect the credit hours earned by
3-17 students at the Baylor College of Dentistry before the effective
3-18 date of this Act.
3-19 SECTION 1.07. LEGISLATIVE INTENT. It is the intent of the
3-20 legislature that the effect of this Act is to transfer governance
3-21 of the existing Baylor College of Dentistry from the board of
3-22 trustees of the nonprofit corporation to the board of regents of
3-23 The Texas A&M University System. This Act does not create an
3-24 institution of higher education entitled to funds under Sections 17
3-25 and 18, Article VII, Texas Constitution. On and after the
3-26 effective date of the transfer, The Texas A&M University
3-27 System--Baylor College of Dentistry is not eligible to receive
4-1 funds under Section 17 or 18, Article VII, Texas Constitution.
4-2 SECTION 1.08. AMENDMENT. Chapter 87, Education Code, is
4-3 amended by adding Subchapter I to read as follows:
4-4 SUBCHAPTER I. THE TEXAS A&M UNIVERSITY SYSTEM--BAYLOR
4-5 COLLEGE OF DENTISTRY
4-6 Sec. 87.801. THE TEXAS A&M UNIVERSITY SYSTEM--BAYLOR COLLEGE
4-7 OF DENTISTRY. (a) The Texas A&M University System--Baylor College
4-8 of Dentistry is a component institution of The Texas A&M University
4-9 System under the management and control of the board of regents of
4-10 The Texas A&M University System.
4-11 (b) The board has the same powers and duties concerning The
4-12 Texas A&M University System--Baylor College of Dentistry as are
4-13 conferred on it by law concerning Texas A&M University.
4-14 Sec. 87.802. POWERS OF BOARD. (a) The board may:
4-15 (1) provide for the training and teaching of students
4-16 seeking to become:
4-17 (A) dentists;
4-18 (B) dental hygienists; or
4-19 (C) other technicians who provide services
4-20 related to the practice of dentistry;
4-21 (2) prescribe courses leading to degrees customarily
4-22 offered in other leading United States dental schools;
4-23 (3) award the degrees described by Subdivision (2);
4-24 (4) enter into an affiliation or coordinating
4-25 agreement with an entity if reasonably necessary or desirable for
4-26 the operation of a first-class school of dentistry;
4-27 (5) make joint appointments in The Texas A&M
5-1 University System--Baylor College of Dentistry and another
5-2 institution within The Texas A&M University System; and
5-3 (6) adopt rules for the operation, control, and
5-4 management of the college, as necessary for the operation of a
5-5 first class school of dentistry, including rules governing the
5-6 number of students that may be admitted to any program at the
5-7 college.
5-8 (b) The salary of a person who receives a joint appointment
5-9 under Subsection (a)(5) must be apportioned among the institutions
5-10 to which the individual is appointed on the basis of the services
5-11 rendered.
5-12 ARTICLE 2. TEXAS A&M INTERNATIONAL UNIVERSITY
5-13 SECTION 2.01. CHANGE OF NAME. (a) The name of Texas A&M
5-14 International University is changed to The University of
5-15 Texas--International.
5-16 (b) A reference in law to Texas A&M International University
5-17 means The University of Texas--International.
5-18 (c) The board of regents of The University of Texas System
5-19 shall conform the names of the center for border economic and
5-20 enterprise development and other components or programs operated by
5-21 or in connection with Texas A&M International University on the
5-22 effective date of this Act to reflect the change of the name of
5-23 that university made by this Act.
5-24 SECTION 2.02. TRANSFER. (a) The governance, operation,
5-25 management, and control of The University of Texas--International,
5-26 formerly Texas A&M International University, along with all rights,
5-27 title, and interest in the land, buildings, facilities,
6-1 improvements, equipment, supplies, and property comprising that
6-2 institution, are transferred from the board of regents of The Texas
6-3 A&M University System to the board of regents of The University of
6-4 Texas System.
6-5 (b) The transfer made by this section includes the center
6-6 for border economic and enterprise development and all other
6-7 components or programs operated by or in connection with Texas A&M
6-8 International University on the effective date of this Act.
6-9 SECTION 2.03. POWERS AND DUTIES. The board of regents of
6-10 The University of Texas System shall undertake to govern, operate,
6-11 manage, and control The University of Texas--International and all
6-12 land, buildings, facilities, improvements, equipment, supplies, and
6-13 property comprising that institution pursuant to the powers,
6-14 duties, and responsibilities conferred by law on the board of
6-15 regents of The University of Texas System for the governance,
6-16 operation, management, and control of component institutions
6-17 comprising that system.
6-18 SECTION 2.04. APPROPRIATIONS. Appropriations made for the
6-19 use and benefit of The University of Texas--International under the
6-20 governance of the board of regents of The Texas A&M University
6-21 System, including allocations under Subsection (a), Section 62.021,
6-22 Education Code, are transferred to the board of regents of The
6-23 University of Texas System for the use and benefit of that
6-24 institution. Other funds held for the use and benefit of The
6-25 University of Texas--International shall continue to be available
6-26 for the use and benefit of that institution notwithstanding the
6-27 change in governance made by this Act.
7-1 SECTION 2.05. CONTRACTS AND WRITTEN OBLIGATIONS.
7-2 (a) Contracts and written obligations of every kind and character,
7-3 including bonds, entered into by the board of regents of The Texas
7-4 A&M University System for and on behalf of The University of
7-5 Texas--International are ratified, confirmed, and validated.
7-6 (b) Gift and donation agreements of every kind and character
7-7 entered into by the board of regents of The Texas A&M University
7-8 System for and on behalf of The University of Texas--International
7-9 and gift and donation agreements of every kind and character
7-10 entered into by The University of Texas--International are
7-11 ratified, confirmed, and validated.
7-12 (c) In those contracts, gift and donation agreements, and
7-13 written obligations, the board of regents of The University of
7-14 Texas System is substituted for and stands and acts in the place of
7-15 the board of regents of The Texas A&M University System.
7-16 (d) The board of regents of The University of Texas System
7-17 shall enter into an agreement with the board of regents of The
7-18 Texas A&M University System to make payments to The Texas A&M
7-19 University System at the same time and in the same amount as
7-20 payments due on the obligations issued by the board of regents of
7-21 The Texas A&M University System for the benefit of and attributable
7-22 to The University of Texas--International. The obligation of the
7-23 board of regents of The University of Texas System under the
7-24 agreement is on a parity and of equal dignity with the obligations
7-25 issued under its systemwide revenue financing system. The board of
7-26 regents of The University of Texas System shall agree to any
7-27 provisions necessary to assure that the board of regents of The
8-1 Texas A&M University System does not violate any covenants made in
8-2 proceedings authorizing obligations by virtue of actions taken or
8-3 failed to have been taken by The University of Texas System.
8-4 SECTION 2.06. EMPLOYEE INSURANCE AND OTHER BENEFITS. Any
8-5 contract or other agreement with a provider of insurance or
8-6 employee benefits that provides coverage for employees of Texas A&M
8-7 International University is not void nor does it terminate on the
8-8 effective date of this Act. Any such contract or agreement remains
8-9 in full force and effect until its date of expiration unless it
8-10 terminates before the expiration date in accordance with its terms.
8-11 All persons for whom the insurance is provided on the effective
8-12 date of this Act are covered by the insurance in accordance with
8-13 the terms of those agreements until the respective dates of
8-14 termination or expiration of those agreements. The persons covered
8-15 by the agreements who are employees of The University of Texas
8-16 System on the respective termination or expiration dates of those
8-17 agreements shall be included in any similar agreements that relate
8-18 to other employees of The University of Texas System and that are
8-19 in effect on the termination or expiration dates.
8-20 SECTION 2.07. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
8-21 The transfer of governance, operation, management, and control of
8-22 The University of Texas--International from the board of regents of
8-23 The Texas A&M University System to the board of regents of The
8-24 University of Texas System does not affect:
8-25 (1) the credit hours earned by students at that
8-26 institution before the effective date of this Act; or
8-27 (2) the employment status on the effective date of
9-1 this Act of the administrative, faculty, or support staff of The
9-2 University of Texas--International.
9-3 SECTION 2.08. AMENDMENT. Section 55.1712, Education Code,
9-4 is amended to read as follows:
9-5 Sec. 55.1712. THE UNIVERSITY OF TEXAS--INTERNATIONAL <TEXAS
9-6 A&M INTERNATIONAL UNIVERSITY>. (a) The board of regents of The
9-7 University of Texas <A&M University> System may acquire, purchase,
9-8 construct, improve, enlarge, and equip property, buildings,
9-9 structures, facilities, roads, and related infrastructure for The
9-10 University of Texas--International <Texas A&M International
9-11 University>.
9-12 (b) The board may finance those items listed under
9-13 Subsection (a) of this section through the issuance of bonds under
9-14 this subchapter and in accordance with its existing system-wide
9-15 revenue financing program. The board may pledge irrevocably to the
9-16 payment of those bonds all or any part of the aggregate amount of
9-17 student tuition charges required or authorized by law to be imposed
9-18 on students enrolled at The University of Texas--International
9-19 <Texas A&M International University>. The amount of a pledge made
9-20 under this subsection may not be reduced or abrogated while the
9-21 bonds for which the pledge is made, or bonds issued to refund those
9-22 bonds, are outstanding.
9-23 (c) Bonds issued under this section may not be issued in an
9-24 aggregate principal amount exceeding $30 million.
9-25 SECTION 2.09. AMENDMENT. Subsection (a), Section 55.1713,
9-26 Education Code, is amended to read as follows:
9-27 (a) In addition to the authority granted by Sections 55.13,
10-1 55.14, 55.17, 55.171, 55.1711, <55.1712,> and 55.19 of this code,
10-2 the board of regents of The Texas A&M University System may
10-3 acquire, purchase, construct, improve, renovate, enlarge, or equip
10-4 property, buildings, structures, facilities, roads, or related
10-5 infrastructure for the following institutions to be financed by the
10-6 issuance of bonds in accordance with this subchapter and in
10-7 accordance with a systemwide revenue financing program adopted by
10-8 the board in aggregate principal amounts not to exceed the
10-9 following amounts:
10-10 (1) Texas A&M University--Corpus Christi, $22 million;
10-11 and
10-12 (2) <Texas A&M International University, $36 million;
10-13 and>
10-14 <(3)> Texas A&M University--Kingsville, $17 million.
10-15 SECTION 2.10. Subsection (a), Section 55.1714, Education
10-16 Code, is amended to read as follows:
10-17 (a) In addition to the authority granted by Sections 55.13,
10-18 55.14, 55.17, 55.1712, 55.172, and 55.19 of this code, the board of
10-19 regents of The University of Texas System may acquire, purchase,
10-20 construct, improve, renovate, enlarge, or equip property,
10-21 buildings, structures, facilities, roads, or related infrastructure
10-22 for the following institutions to be financed by the issuance of
10-23 bonds in accordance with this subchapter, including bonds issued in
10-24 accordance with its systemwide revenue financing program and
10-25 secured as provided by that program, in aggregate principal amounts
10-26 not to exceed the following amounts:
10-27 (1) The University of Texas at Brownsville, $23.5
11-1 million;
11-2 (2) The University of Texas at El Paso, $23 million;
11-3 (3) The University of Texas--Pan American, $26
11-4 million;
11-5 (4) The University of Texas at San Antonio, $63.5
11-6 million;
11-7 (5) The University of Texas Health Science Center at
11-8 San Antonio, $25 million; <and>
11-9 (6) The University of Texas at Austin, $2 million; and
11-10 (7) The University of Texas--International, $36
11-11 million.
11-12 SECTION 2.11. AMENDMENT. Section 61.0592, Education Code,
11-13 as added by Chapter 260, Acts of the 73rd Legislature, 1993, is
11-14 amended to read as follows:
11-15 Sec. 61.0592. UPPER-LEVEL TRANSITION FUNDING FOR THE
11-16 UNIVERSITY OF TEXAS--INTERNATIONAL <TEXAS A&M INTERNATIONAL
11-17 UNIVERSITY>. (a) Notwithstanding Section 61.059 of this code, a
11-18 formula adopted by the board under that section that provides a
11-19 differential rate for each semester credit hour between four-year
11-20 general academic teaching institutions and upper-level institutions
11-21 shall be modified and applied as provided by this section to The
11-22 University of Texas--International <Texas A&M International
11-23 University>.
11-24 (b) In addition to other funding that The University of
11-25 Texas--International <Texas A&M International University> is
11-26 entitled to receive, the university is entitled to receive
11-27 additional funds in accordance with this section.
12-1 (c) The formula for four-year general academic teaching
12-2 institutions shall be applied to all lower-division semester credit
12-3 hours.
12-4 (d) For the first two state fiscal years that begin after
12-5 The University of Texas--International <Texas A&M International
12-6 University> first admits lower-division students or offers
12-7 lower-division courses, the formula for upper-level general
12-8 academic teaching institutions shall be applied to upper-division
12-9 semester credit hours at the university.
12-10 (e) Beginning with the third state fiscal year that begins
12-11 after The University of Texas--International <Texas A&M
12-12 International University> first admits lower-division students or
12-13 offers lower-division courses, the formula for four-year general
12-14 academic teaching institutions shall be applied to upper-division
12-15 semester credit hours at the university, except that the board
12-16 shall modify the formula to provide the university additional
12-17 funding equal to a percent of the difference between the amount
12-18 derived from the application of the four-year formula to the
12-19 university's upper-division semester credit hours and the amount
12-20 derived from the application of the upper-level formula to those
12-21 semester credit hours. The percent to be applied to that
12-22 difference is 87.5 percent for the first fiscal year to which this
12-23 subsection applies and is reduced by 12.5 percentage points for
12-24 each subsequent fiscal year.
12-25 SECTION 2.12. AMENDMENT. Subsection (e), Section 69.22,
12-26 Education Code, is amended to read as follows:
12-27 (e) The center established under this section shall
13-1 cooperate fully with similar programs operated by The University of
13-2 Texas--International <Texas A&M International University>, The
13-3 University of Texas--Pan American, and other institutions of higher
13-4 education.
13-5 SECTION 2.13. AMENDMENT. Subsection (e), Section 77.36,
13-6 Education Code, is amended to read as follows:
13-7 (e) The center established under this section shall
13-8 cooperate fully with similar programs operated by The University of
13-9 Texas at El Paso, The University of Texas--International <Texas A&M
13-10 International University>, and other institutions of higher
13-11 education.
13-12 SECTION 2.14. AMENDMENT. Subtitle C, Title 3, Education
13-13 Code, is amended by adding Chapter 79 to read as follows:
13-14 CHAPTER 79. THE UNIVERSITY OF TEXAS--INTERNATIONAL
13-15 Sec. 79.001. ESTABLISHMENT; SCOPE. (a) The University of
13-16 Texas--International is a coeducational institution of higher
13-17 education located in the City of Laredo. The institution is a
13-18 component institution of The University of Texas System and is
13-19 under the management and control of the board of regents of The
13-20 University of Texas System.
13-21 (b) The board has the same powers and duties concerning The
13-22 University of Texas--International as are conferred on it by
13-23 statute concerning The University of Texas at Austin.
13-24 (c) The institution may teach undergraduate or graduate
13-25 level courses.
13-26 Sec. 79.002. COURSES AND DEGREES; RULES; JOINT APPOINTMENTS.
13-27 (a) The board, with the approval of the Texas Higher Education
14-1 Coordinating Board, may prescribe courses leading to customary
14-2 degrees as are offered at leading American educational institutions
14-3 and may award those degrees.
14-4 (b) The degrees offered by the institution may include
14-5 baccalaureate, master's, and doctoral degrees and their
14-6 equivalents.
14-7 (c) A new department, school, or degree program may not be
14-8 instituted without the prior approval of the Texas Higher Education
14-9 Coordinating Board.
14-10 (d) The board shall adopt other rules for the operation,
14-11 control, and management of The University of Texas--International
14-12 as may be necessary for the institution to be a first-class
14-13 institution of higher education.
14-14 (e) The board may make joint faculty appointments in The
14-15 University of Texas--International and in other institutions under
14-16 its governance. The salary of a person who receives a joint
14-17 appointment shall be apportioned to the appointing institution on
14-18 the basis of services rendered.
14-19 (f) The board, with the approval of the Texas Higher
14-20 Education Coordinating Board, may contract with the governing board
14-21 of another general academic teaching institution as defined by
14-22 Section 61.003 or with the governing board of a college or
14-23 university in the United Mexican States or Canada to offer joint
14-24 degree programs.
14-25 Sec. 79.003. GRADUATE SCHOOL OF INTERNATIONAL TRADE.
14-26 Subject to the approval of the board and the Texas Higher Education
14-27 Coordinating Board, a graduate school of international trade shall
15-1 be established at The University of Texas--International.
15-2 Sec. 79.004. CENTER FOR BORDER ECONOMIC AND ENTERPRISE
15-3 DEVELOPMENT. (a) The board shall establish a center for border
15-4 economic and enterprise development at The University of
15-5 Texas--International.
15-6 (b) The center established under this section may:
15-7 (1) develop and manage an economic database concerning
15-8 the Texas-Mexico border;
15-9 (2) perform economic development planning and
15-10 research;
15-11 (3) provide technical assistance to industrial and
15-12 governmental entities; and
15-13 (4) in cooperation with other state agencies,
15-14 coordinate economic and enterprise development planning activities
15-15 of state agencies to ensure that the economic needs of the
15-16 Texas-Mexico border are integrated within a comprehensive state
15-17 economic development plan.
15-18 (c) The center may offer seminars and conduct conferences
15-19 and other educational programs concerning the Texas-Mexico border
15-20 economy and economic and enterprise development within the state.
15-21 (d) The board may solicit and accept gifts, grants, and
15-22 donations to aid in the establishment, maintenance, and operation
15-23 of the center.
15-24 (e) The center established under this section shall
15-25 cooperate fully with similar programs operated by The University of
15-26 Texas at El Paso, The University of Texas--Pan American, and other
15-27 institutions of higher education.
16-1 SECTION 2.15. AMENDMENT. Subsection (b), Section 481.060,
16-2 Government Code, is amended to read as follows:
16-3 (b) The electronic data base advisory committee is composed
16-4 of:
16-5 (1) a representative from the center for border
16-6 economic and enterprise development at The University of Texas at
16-7 El Paso, appointed by the president of the university;
16-8 (2) a representative from the University of North
16-9 Texas Institute for Regional Industrialization and Manufacturing
16-10 Technology, appointed by the president of the university;
16-11 (3) a representative from the Bureau of Business
16-12 Research at The University of Texas at Austin, appointed by the
16-13 president of the university;
16-14 (4) a representative from the Texas Agriculture Market
16-15 and Research Center, appointed by the president of Texas A&M
16-16 University;
16-17 (5) a representative from The University of Texas at
16-18 San Antonio, College of Business, division of management and
16-19 marketing, appointed by the president of the university;
16-20 (6) a representative from The University of Texas-Pan
16-21 American, appointed by the president of the university;
16-22 (7) a representative from The University of
16-23 Texas--International <Texas A&M International University>,
16-24 appointed by the president of the university;
16-25 (8) a representative from Texas Tech University,
16-26 appointed by the president of the university;
16-27 (9) a representative from the University of Houston,
17-1 appointed by the president of the university;
17-2 (10) a representative from Lamar University, appointed
17-3 by the president of the university;
17-4 (11) a representative from Sul Ross State University,
17-5 appointed by the president of the university; and
17-6 (12) persons appointed by the governor or the
17-7 executive director of the department.
17-8 SECTION 2.16. REPEALER. Subchapter F, Chapter 87, Education
17-9 Code, is repealed.
17-10 ARTICLE 3. EFFECTIVE DATE; EMERGENCY
17-11 SECTION 3.01. EFFECTIVE DATE. (a) Except as provided by
17-12 Subsection (b) of this section, this Act takes effect immediately.
17-13 (b) Article 2 of this Act takes effect September 1, 1995.
17-14 SECTION 3.02. EMERGENCY. The importance of this legislation
17-15 and the crowded condition of the calendars in both houses create an
17-16 emergency and an imperative public necessity that the
17-17 constitutional rule requiring bills to be read on three several
17-18 days in each house be suspended, and this rule is hereby suspended,
17-19 and that this Act take effect and be in force according to its
17-20 terms, and it is so enacted.