By Wilson                                              H.B. No. 146

      75R1935 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the transfer to the state of Paul Quinn College to

 1-3     become an institution of higher education under the governance of

 1-4     the board of regents of Texas Southern University.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  (a)  If the governing board of the entity that

 1-7     owns Paul Quinn College, a private institution of higher education

 1-8     located in Dallas County, offers to donate the campus of that

 1-9     college, including the land, structures, improvements, equipment,

1-10     and other facilities, to this state before January 1, 1999, and

1-11     that property is free of liens or other encumbrances, this state

1-12     accepts the gift and transfers the property to the custody,

1-13     control, and governance of the board of regents of Texas Southern

1-14     University with the same status as other property of that board of

1-15     regents.

1-16           (b)  If the governing board of the entity that owns Paul

1-17     Quinn College, a private institution of higher education located in

1-18     Dallas County, offers to sell the campus of that college, including

1-19     the land, structures, improvements, equipment, and facilities, to

1-20     this state before January 1, 1999, in exchange for an amount equal

1-21     to the value of any liens or other encumbrances on the property,

1-22     this state agrees to purchase the property for that amount if the

1-23     legislature has appropriated or made available to the Texas Higher

1-24     Education Coordinating Board or the board of regents of Texas

 2-1     Southern University sufficient funds to purchase the property for

 2-2     that amount.

 2-3           (c)  If this state accepts the gift of the property of Paul

 2-4     Quinn College under Subsection (a) of this section or purchases the

 2-5     property under Subsection (b) of this section, the property is

 2-6     transferred to the ownership, control, and governance of the board

 2-7     of regents of Texas Southern University with the same status as

 2-8     other property of that board of regents.

 2-9           (d)  The commissioner of higher education represents this

2-10     state for purposes of receiving the offer to donate or sell the

2-11     property and accepting that offer on behalf of this state, and

2-12     shall accept the offer as provided by Subsection (a) or (b) of this

2-13     section, as applicable, as soon as practicable after the offer is

2-14     made.  The state's acceptance takes effect on the date the

2-15     commissioner certifies that the donation has been accepted or the

2-16     purchase has been completed.

2-17           (e)  If the property of Paul Quinn College is transferred to

2-18     the board of regents of Texas Southern University under this

2-19     section, the board shall continue to operate the existing programs

2-20     and activities of the college to the extent necessary to operate

2-21     the college as Paul Quinn University in accordance with Chapter

2-22     106, Education Code, as amended by this Act.  Before the property

2-23     is transferred to this state, the board may enter into agreements

2-24     conditioned on the transfer to facilitate the continuation of those

2-25     programs or activities.

2-26           SECTION 2.  On the date the commissioner of higher education

2-27     certifies that the state has accepted the donation of or completed

 3-1     the purchase of the property of Paul Quinn College under Section 1

 3-2     of this Act, which certification the commissioner shall publish in

 3-3     the Texas Register, Subchapter A, Chapter 106, Education Code, is

 3-4     amended by adding Section 106.03 to read as follows:

 3-5           Sec. 106.03.  PAUL QUINN UNIVERSITY.  (a)  The board of

 3-6     regents of Texas Southern University shall operate a coeducational

 3-7     institution of higher education in Dallas County to be known as

 3-8     Paul Quinn University.

 3-9           (b)  The university shall be operated as a separate

3-10     degree-granting institution.

3-11           (c)  Until the university is included in the funding provided

3-12     by Section 17 or 18, Article VII, Texas Constitution, the

3-13     university is considered to be a part of Texas Southern University

3-14     eligible for the benefits of the funds allocated to Texas Southern

3-15     University under Subchapter B, Chapter 62.

3-16           SECTION 3.  The importance of this legislation and the

3-17     crowded condition of the calendars in both houses create an

3-18     emergency and an imperative public necessity that the

3-19     constitutional rule requiring bills to be read on three several

3-20     days in each house be suspended, and this rule is hereby suspended,

3-21     and that this Act take effect and be in force from and after its

3-22     passage, and it is so enacted.