1-1 By: Cain, Ratliff, Turner S.B. No. 1299
1-2 (In the Senate - Filed March 10, 1995; March 20, 1995, read
1-3 first time and referred to Committee on Education; April 5, 1995,
1-4 reported favorably by the following vote: Yeas 10, Nays 0;
1-5 April 5, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to abolition of the board of regents of East Texas State
1-9 University and the transfer of the institutions under that board to
1-10 The Texas A&M University System.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. ABOLITION OF BOARD AND SYSTEM. The board of
1-13 regents of East Texas State University is abolished.
1-14 SECTION 2. TRANSFER OF INSTITUTIONS. The governance,
1-15 operation, management, and control of East Texas State University
1-16 and East Texas State University at Texarkana, along with all right,
1-17 title, and interest in the land, buildings, facilities,
1-18 improvements, equipment, supplies, and property comprising those
1-19 institutions, are transferred from the board of regents of East
1-20 Texas State University to the board of regents of The Texas A&M
1-21 University System.
1-22 SECTION 3. POWERS AND DUTIES. The board of regents of The
1-23 Texas A&M University System shall undertake to govern, operate,
1-24 manage, and control East Texas State University and East Texas
1-25 State University at Texarkana and all land, buildings, facilities,
1-26 improvements, equipment, supplies, and property comprising those
1-27 institutions pursuant to the powers, duties, and responsibilities
1-28 that are or may be conferred by law upon the board of regents of
1-29 The Texas A&M University System for the governance, operation,
1-30 management, and control of component institutions comprising that
1-31 system.
1-32 SECTION 4. APPROPRIATIONS. Appropriations made by the
1-33 legislature for the use and benefit of East Texas State University
1-34 and East Texas State University at Texarkana under the governance
1-35 of the board of regents of East Texas State University are
1-36 transferred to the board of regents of The Texas A&M University
1-37 System for the use and benefit of those institutions. Other funds
1-38 held for the use and benefit of East Texas State University and
1-39 East Texas State University at Texarkana shall continue to be
1-40 available for the use and benefit of those institutions
1-41 notwithstanding the change in governance made by this Act.
1-42 SECTION 5. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and
1-43 written obligations of every kind and character, including bonds,
1-44 entered into by the board of regents of East Texas State University
1-45 for and on behalf of East Texas State University and East Texas
1-46 State University at Texarkana are ratified, confirmed, and
1-47 validated. In those contracts and written obligations, including
1-48 bonds, the board of regents of The Texas A&M University System is
1-49 substituted for and stands and acts in the place of the board of
1-50 regents of East Texas State University.
1-51 SECTION 6. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
1-52 The transfer of governance, operation, management, and control of
1-53 East Texas State University and East Texas State University at
1-54 Texarkana from the board of regents of East Texas State University
1-55 to the board of regents of The Texas A&M University System does not
1-56 affect:
1-57 (1) the credit hours earned by students at those
1-58 institutions before the effective date of this Act; or
1-59 (2) the employment status on the effective date of
1-60 this Act of the administrative, faculty, or support staff of those
1-61 institutions.
1-62 SECTION 7. EFFECT OF TRANSFER ON CONSTITUTIONAL FUNDING.
1-63 The transfer of governance, operation, management, and control of
1-64 East Texas State University and East Texas State University at
1-65 Texarkana from the board of regents of East Texas State University
1-66 to the board of regents of The Texas A&M University System does not
1-67 affect the right of East Texas State University and East Texas
1-68 State University at Texarkana to receive money appropriated by
2-1 Section 17(a), Article VII, Texas Constitution, and allocated in
2-2 accordance with Section 62.021, Education Code.
2-3 SECTION 8. AMENDMENT. Chapter 87, Education Code, is
2-4 amended by adding Subchapters G and H to read as follows:
2-5 SUBCHAPTER G. EAST TEXAS STATE UNIVERSITY
2-6 Sec. 87.551. ESTABLISHMENT. (a) East Texas State
2-7 University is a coeducational institution of higher education with
2-8 its main campus located in the City of Commerce. The university is
2-9 a component of The Texas A&M University System and is under the
2-10 management and control of the board of regents of The Texas A&M
2-11 University System.
2-12 (b) The board has the same powers and duties concerning the
2-13 university as are conferred on the board by law concerning Texas
2-14 A&M University.
2-15 Sec. 87.552. COURSES AND DEGREES; RULES; JOINT APPOINTMENTS.
2-16 (a) The board may award baccalaureate, master's, and doctoral
2-17 degrees and their equivalents, but the board may not institute a
2-18 department, school, or program without the prior approval of the
2-19 Texas Higher Education Coordinating Board.
2-20 (b) A program offered by the metroplex commuter program:
2-21 (1) must be approved by the Texas Higher Education
2-22 Coordinating Board; and
2-23 (2) may not duplicate a program offered by another
2-24 institution of higher education in the Dallas area.
2-25 (c) The board shall adopt other rules for the operation,
2-26 control, and management of East Texas State University as may be
2-27 necessary for the institution to be a first-class institution of
2-28 higher education. The board may establish different rules for the
2-29 operation of the facilities and programs at different locations of
2-30 the institution.
2-31 (d) The board may make joint faculty appointments in East
2-32 Texas State University and in other institutions under its
2-33 governance. The salary of a person who receives a joint
2-34 appointment shall be apportioned to the appointing institutions on
2-35 the basis of services rendered.
2-36 (Sections 87.553 to 87.570 reserved for expansion
2-37 SUBCHAPTER H. EAST TEXAS STATE UNIVERSITY AT TEXARKANA
2-38 Sec. 87.571. ESTABLISHMENT. (a) East Texas State
2-39 University at Texarkana is a coeducational upper-level institution
2-40 of higher education located in the City of Texarkana. The
2-41 university is a component of The Texas A&M University System and is
2-42 under the management and control of the board of regents of The
2-43 Texas A&M University System.
2-44 (b) The board has the same powers and duties concerning the
2-45 university as are conferred on the board by law concerning Texas
2-46 A&M University, except that the university may not offer freshman
2-47 or sophomore programs.
2-48 SECTION 9. REPEALER. Chapter 100, Education Code, is
2-49 repealed.
2-50 SECTION 10. EFFECTIVE DATE. This Act takes effect
2-51 September 1, 1996.
2-52 SECTION 11. EMERGENCY. The importance of this legislation
2-53 and the crowded condition of the calendars in both houses create an
2-54 emergency and an imperative public necessity that the
2-55 constitutional rule requiring bills to be read on three several
2-56 days in each house be suspended, and this rule is hereby suspended.
2-57 * * * * *