By Cain, et al. S.B. No. 1299
74R5773 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to abolition of the board of regents of East Texas State
1-3 University and the transfer of the institutions under that board to
1-4 The Texas A&M University System.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. ABOLITION OF BOARD AND SYSTEM. The board of
1-7 regents of East Texas State University is abolished.
1-8 SECTION 2. TRANSFER OF INSTITUTIONS. The governance,
1-9 operation, management, and control of East Texas State University
1-10 and East Texas State University at Texarkana, along with all right,
1-11 title, and interest in the land, buildings, facilities,
1-12 improvements, equipment, supplies, and property comprising those
1-13 institutions, are transferred from the board of regents of East
1-14 Texas State University to the board of regents of The Texas A&M
1-15 University System.
1-16 SECTION 3. POWERS AND DUTIES. The board of regents of The
1-17 Texas A&M University System shall undertake to govern, operate,
1-18 manage, and control East Texas State University and East Texas
1-19 State University at Texarkana and all land, buildings, facilities,
1-20 improvements, equipment, supplies, and property comprising those
1-21 institutions pursuant to the powers, duties, and responsibilities
1-22 that are or may be conferred by law upon the board of regents of
1-23 The Texas A&M University System for the governance, operation,
1-24 management, and control of component institutions comprising that
2-1 system.
2-2 SECTION 4. APPROPRIATIONS. Appropriations made by the
2-3 legislature for the use and benefit of East Texas State University
2-4 and East Texas State University at Texarkana under the governance
2-5 of the board of regents of East Texas State University are
2-6 transferred to the board of regents of The Texas A&M University
2-7 System for the use and benefit of those institutions. Other funds
2-8 held for the use and benefit of East Texas State University and
2-9 East Texas State University at Texarkana shall continue to be
2-10 available for the use and benefit of those institutions
2-11 notwithstanding the change in governance made by this Act.
2-12 SECTION 5. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and
2-13 written obligations of every kind and character, including bonds,
2-14 entered into by the board of regents of East Texas State University
2-15 for and on behalf of East Texas State University and East Texas
2-16 State University at Texarkana are ratified, confirmed, and
2-17 validated. In those contracts and written obligations, including
2-18 bonds, the board of regents of The Texas A&M University System is
2-19 substituted for and stands and acts in the place of the board of
2-20 regents of East Texas State University.
2-21 SECTION 6. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
2-22 The transfer of governance, operation, management, and control of
2-23 East Texas State University and East Texas State University at
2-24 Texarkana from the board of regents of East Texas State University
2-25 to the board of regents of The Texas A&M University System does not
2-26 affect:
2-27 (1) the credit hours earned by students at those
3-1 institutions before the effective date of this Act; or
3-2 (2) the employment status on the effective date of
3-3 this Act of the administrative, faculty, or support staff of those
3-4 institutions.
3-5 SECTION 7. EFFECT OF TRANSFER ON CONSTITUTIONAL FUNDING.
3-6 The transfer of governance, operation, management, and control of
3-7 East Texas State University and East Texas State University at
3-8 Texarkana from the board of regents of East Texas State University
3-9 to the board of regents of The Texas A&M University System does not
3-10 affect the right of East Texas State University and East Texas
3-11 State University at Texarkana to receive money appropriated by
3-12 Section 17(a), Article VII, Texas Constitution, and allocated in
3-13 accordance with Section 62.021, Education Code.
3-14 SECTION 8. AMENDMENT. Chapter 87, Education Code, is
3-15 amended by adding Subchapters G and H to read as follows:
3-16 SUBCHAPTER G. EAST TEXAS STATE UNIVERSITY
3-17 Sec. 87.551. ESTABLISHMENT. (a) East Texas State
3-18 University is a coeducational institution of higher education with
3-19 its main campus located in the city of Commerce. The university is
3-20 a component of The Texas A&M University System and is under the
3-21 management and control of the board of regents of The Texas A&M
3-22 University System.
3-23 (b) The board has the same powers and duties concerning the
3-24 university as are conferred on the board by law concerning Texas
3-25 A&M University.
3-26 Sec. 87.552. COURSES AND DEGREES; RULES; JOINT APPOINTMENTS.
3-27 (a) The board may award baccalaureate, master's, and doctoral
4-1 degrees and their equivalents, but the board may not institute a
4-2 department, school, or program without the prior approval of the
4-3 Texas Higher Education Coordinating Board.
4-4 (b) A program offered by the metroplex commuter program:
4-5 (1) must be approved by the Texas Higher Education
4-6 Coordinating Board; and
4-7 (2) may not duplicate a program offered by another
4-8 institution of higher education in the Dallas area.
4-9 (c) The board shall adopt other rules for the operation,
4-10 control, and management of East Texas State University as may be
4-11 necessary for the institution to be a first-class institution of
4-12 higher education. The board may establish different rules for the
4-13 operation of the facilities and programs at different locations of
4-14 the institution.
4-15 (d) The board may make joint faculty appointments in East
4-16 Texas State University and in other institutions under its
4-17 governance. The salary of a person who receives a joint
4-18 appointment shall be apportioned to the appointing institutions on
4-19 the basis of services rendered.
4-20 (Sections 87.553-87.570 reserved for expansion
4-21 SUBCHAPTER H. EAST TEXAS STATE UNIVERSITY
4-22 AT TEXARKANA
4-23 Sec. 87.571. ESTABLISHMENT. (a) East Texas State
4-24 University at Texarkana is a coeducational upper-level institution
4-25 of higher education located in the city of Texarkana. The
4-26 university is a component of The Texas A&M University System and is
4-27 under the management and control of the board of regents of The
5-1 Texas A&M University System.
5-2 (b) The board has the same powers and duties concerning the
5-3 university as are conferred on the board by law concerning Texas
5-4 A&M University, except that the university may not offer freshman
5-5 or sophomore programs.
5-6 SECTION 9. REPEALER. Chapter 100, Education Code, is
5-7 repealed.
5-8 SECTION 10. EFFECTIVE DATE. This Act takes effect September
5-9 1, 1996.
5-10 SECTION 11. EMERGENCY. The importance of this legislation
5-11 and the crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended.