1-1 AN ACT
1-2 relating to authorizing the issuance of revenue bonds for certain
1-3 public institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 55.17(e), Education Code, is amended by
1-6 adding Subdivision (4) to read as follows:
1-7 (4) In addition to the other authority granted by this
1-8 subchapter, the board of regents of Texas Tech University and the
1-9 Texas Tech University Health Sciences Center may issue bonds in
1-10 accordance with this subchapter and in accordance with a systemwide
1-11 revenue financing program adopted by the board to finance the items
1-12 listed under Subdivision (1) of this subsection in an additional
1-13 aggregate principal amount for Texas Tech University not to exceed
1-14 $30 million, and in an additional aggregate principal amount for
1-15 the Texas Tech University Health Sciences Center not to exceed
1-16 $32.5 million. The board may pledge irrevocably to the payment of
1-17 those bonds all or any part of the revenue funds of Texas Tech
1-18 University or the Texas Tech University Health Sciences Center,
1-19 including student tuition charges required or authorized by law to
1-20 be imposed on students enrolled at Texas Tech University or at the
1-21 Texas Tech University Health Sciences Center. The amount of a
1-22 pledge made under this subdivision may not be reduced or abrogated
1-23 while the bonds for which the pledge is made, or bonds issued to
1-24 refund those bonds, are outstanding. Of the proceeds of bonds
2-1 authorized by this subdivision for the Texas Tech University Health
2-2 Sciences Center, $2.5 million may be used only to build and equip a
2-3 surgical and medical facility in the Midland County Hospital
2-4 District for a cardiology residency program.
2-5 SECTION 2. Subchapter B, Chapter 55, Education Code, is
2-6 amended by adding Sections 55.1721, 55.1722, 55.1723, 55.1724,
2-7 55.1725, 55.1726, 55.1727, and 55.1728 to read as follows:
2-8 Sec. 55.1721. THE TEXAS A&M UNIVERSITY SYSTEM. (a) In
2-9 addition to the other authority granted by this subchapter, the
2-10 board of regents of The Texas A&M University System may acquire,
2-11 purchase, construct, improve, renovate, enlarge, or equip property,
2-12 buildings, structures, facilities, roads, or related infrastructure
2-13 for the following institutions to be financed by the issuance of
2-14 bonds in accordance with this subchapter and in accordance with a
2-15 systemwide revenue financing program adopted by the board in
2-16 aggregate principal amounts not to exceed the following amounts:
2-17 (1) Prairie View A&M University, $15 million;
2-18 (2) Tarleton State University, $15 million;
2-19 (3) Texas A&M University, $12.5 million;
2-20 (4) Texas A&M University Health Science Center, $6
2-21 million;
2-22 (5) Texas A&M University--Commerce, $4.2 million;
2-23 (6) Texas A&M University--Corpus Christi, $25 million;
2-24 (7) Texas A&M International University, $39.5 million;
2-25 (8) Texas A&M University--Kingsville, $15 million;
2-26 (9) Texas A&M University--Texarkana, $4 million; and
2-27 (10) West Texas A&M University, $9 million.
3-1 (b) The board may pledge irrevocably to the payment of those
3-2 bonds all or any part of the revenue funds of an institution,
3-3 branch, or entity of The Texas A&M University System, including
3-4 student tuition charges required or authorized by law to be imposed
3-5 on students enrolled at an institution, branch, or entity of The
3-6 Texas A&M University System. The amount of a pledge made under
3-7 this subsection may not be reduced or abrogated while the bonds for
3-8 which the pledge is made, or bonds issued to refund those bonds,
3-9 are outstanding.
3-10 (c) If sufficient funds are not available to the board to
3-11 meet its obligations under this section, the board may transfer
3-12 funds among institutions, branches, and entities of The Texas A&M
3-13 University System to ensure the most equitable and efficient
3-14 allocation of available resources for each institution, branch, or
3-15 entity to carry out its constitutional and statutory duties and
3-16 purposes.
3-17 (d) Of the proceeds of bonds authorized by this section for
3-18 Texas A&M International University, $4.5 million may be used only
3-19 to purchase library books, journals, and other library materials,
3-20 equipment, and furniture for the university's library.
3-21 Sec. 55.1722. THE UNIVERSITY OF TEXAS SYSTEM. (a) In
3-22 addition to the other authority granted by this subchapter, the
3-23 board of regents of The University of Texas System may acquire,
3-24 purchase, construct, improve, renovate, enlarge, or equip property,
3-25 buildings, structures, facilities, roads, or related infrastructure
3-26 for the following institutions to be financed by the issuance of
3-27 bonds in accordance with this subchapter, including bonds issued in
4-1 accordance with its systemwide revenue financing program and
4-2 secured as provided by that program in aggregate principal amounts
4-3 not to exceed the following amounts:
4-4 (1) The University of Texas at Arlington, $16 million;
4-5 (2) The University of Texas at Austin, $12.5 million;
4-6 (3) The University of Texas at Brownsville, $22.5
4-7 million;
4-8 (4) The University of Texas at Dallas, $5 million;
4-9 (5) The University of Texas at El Paso, $14 million;
4-10 (6) The University of Texas--Pan American, $17
4-11 million;
4-12 (7) The University of Texas of the Permian Basin,
4-13 $25.8 million;
4-14 (8) The University of Texas at San Antonio, $50
4-15 million;
4-16 (9) The University of Texas at Tyler, $9.5 million;
4-17 (10) The University of Texas Southwestern Medical
4-18 Center at Dallas, $20 million;
4-19 (11) The University of Texas Health Science Center at
4-20 Houston, $17.5 million; and
4-21 (12) the Lower Rio Grande Valley Academic Health
4-22 Center, $30 million, if that institution is established.
4-23 (b) The board may pledge irrevocably to the payment of those
4-24 bonds all or any part of the revenue funds of an institution,
4-25 branch, or entity of The University of Texas System, including
4-26 student tuition charges required or authorized by law to be imposed
4-27 on students enrolled at an institution, branch, or entity of The
5-1 University of Texas System. The amount of a pledge made under this
5-2 subsection may not be reduced or abrogated while the bonds for
5-3 which the pledge is made, or bonds issued to refund those bonds,
5-4 are outstanding.
5-5 (c) If sufficient funds are not available to the board to
5-6 meet its obligations under this section, the board may transfer
5-7 funds among institutions, branches, and entities of The University
5-8 of Texas System to ensure the most equitable and efficient
5-9 allocation of available resources for each institution, branch, or
5-10 entity to carry out its constitutional and statutory duties and
5-11 purposes.
5-12 (d) Of the proceeds of bonds authorized by this section:
5-13 (1) for The University of Texas at San Antonio, $35
5-14 million may be used only to build or construct the university's
5-15 downtown campus, phase III; and
5-16 (2) for The University of Texas at Tyler:
5-17 (A) $4 million may be used only for an
5-18 upper-level educational center at Longview; and
5-19 (B) $500,000 may be used only for The University
5-20 of Texas at Tyler, Nursing-Palestine Extension.
5-21 Sec. 55.1723. THE UNIVERSITY OF HOUSTON SYSTEM. (a) In
5-22 addition to the other authority granted by this subchapter, the
5-23 board of regents of the University of Houston System may acquire,
5-24 purchase, construct, improve, renovate, enlarge, or equip property,
5-25 buildings, structures, facilities, roads, or related infrastructure
5-26 for the following institutions to be financed by the issuance of
5-27 bonds in accordance with this subchapter and in accordance with a
6-1 systemwide revenue financing program adopted by the board in an
6-2 aggregate principal amount not to exceed the following amounts:
6-3 (1) the University of Houston, $12 million;
6-4 (2) the University of Houston--Downtown, $7.5 million;
6-5 and
6-6 (3) the University of Houston--Victoria, $10 million.
6-7 (b) The board may pledge irrevocably to the payment of those
6-8 bonds all or any part of the revenue funds of an institution,
6-9 branch, or entity of the University of Houston System, including
6-10 student tuition charges required or authorized by law to be imposed
6-11 on students enrolled at an institution, branch, or entity of the
6-12 University of Houston System. The amount of a pledge made under
6-13 this subsection may not be reduced or abrogated while the bonds for
6-14 which the pledge is made, or bonds issued to refund those bonds,
6-15 are outstanding.
6-16 (c) If sufficient funds are not available to the board to
6-17 meet its obligations under this section, the board may transfer
6-18 funds among institutions, branches, and entities of the University
6-19 of Houston System to ensure the most equitable and efficient
6-20 allocation of available resources for each institution, branch, or
6-21 entity to carry out its duties and purposes.
6-22 Sec. 55.1724. TEXAS STATE UNIVERSITY SYSTEM. (a) In
6-23 addition to the other authority granted by this subchapter, the
6-24 board of regents of the Texas State University System may acquire,
6-25 purchase, construct, improve, renovate, enlarge, or equip property,
6-26 buildings, structures, facilities, roads, or related infrastructure
6-27 for the following institutions to be financed by the issuance of
7-1 bonds in accordance with this subchapter and in accordance with a
7-2 systemwide revenue financing program adopted by the board in
7-3 aggregate principal amounts not to exceed the following:
7-4 (1) Angelo State University, $20 million;
7-5 (2) Lamar University--Beaumont, $8 million;
7-6 (3) Lamar University Institute of Technology, $2
7-7 million;
7-8 (4) Lamar University--Orange, $3.5 million;
7-9 (5) Lamar University--Port Arthur, $2.75 million;
7-10 (6) Sam Houston State University, $7.5 million;
7-11 (7) Southwest Texas State University, $19.7 million;
7-12 and
7-13 (8) Sul Ross State University, $17.5 million.
7-14 (b) The board may pledge irrevocably to the payment of those
7-15 bonds all or any part of the revenue funds of an institution,
7-16 branch, or entity of the Texas State University System, including
7-17 student tuition charges required or authorized by law to be imposed
7-18 on students enrolled at an institution, branch, or entity of the
7-19 Texas State University System. The amount of a pledge made under
7-20 this subsection may not be reduced or abrogated while the bonds for
7-21 which the pledge is made, or bonds issued to refund those bonds,
7-22 are outstanding.
7-23 (c) If sufficient funds are not available to the board to
7-24 meet its obligations under this section, the board may transfer
7-25 funds among institutions, branches, and entities of the Texas State
7-26 University System to ensure the most equitable and efficient
7-27 allocation of available resources for each institution, branch, or
8-1 entity to carry out its duties and purposes.
8-2 Sec. 55.1725. UNIVERSITY OF NORTH TEXAS AND UNIVERSITY OF
8-3 NORTH TEXAS HEALTH SCIENCE CENTER AT FORT WORTH. (a) The board of
8-4 regents of the University of North Texas may acquire, purchase,
8-5 construct, improve, renovate, enlarge, or equip property,
8-6 buildings, structures, facilities, roads, or related infrastructure
8-7 for the University of North Texas or the University of North Texas
8-8 Health Science Center at Fort Worth to be financed by the issuance
8-9 of bonds in accordance with this subchapter in the aggregate
8-10 principal amounts not to exceed $20 million for the University of
8-11 North Texas and $19 million for the University of North Texas
8-12 Health Science Center at Fort Worth.
8-13 (b) The board may pledge irrevocably to the payment of those
8-14 bonds all or any part of the revenue funds of the University of
8-15 North Texas or the University of North Texas Health Science Center
8-16 at Fort Worth, including student tuition charges required or
8-17 authorized by law to be imposed on students enrolled at the
8-18 University of North Texas or the University of North Texas Health
8-19 Science Center at Fort Worth. The amount of a pledge made under
8-20 this subsection may not be reduced or abrogated while the bonds for
8-21 which the pledge is made, or bonds issued to refund those bonds,
8-22 are outstanding.
8-23 (c) If sufficient funds are not available to the board to
8-24 meet its obligations under this section, the board may transfer
8-25 funds between the University of North Texas and the University of
8-26 North Texas Health Science Center at Fort Worth to ensure the most
8-27 equitable and efficient allocation of available resources for the
9-1 University of North Texas and the University of North Texas Health
9-2 Science Center at Fort Worth to carry out their duties and
9-3 purposes.
9-4 Sec. 55.1726. TEXAS WOMAN'S UNIVERSITY. (a) The board of
9-5 regents of Texas Woman's University may acquire, purchase,
9-6 construct, improve, renovate, enlarge, or equip property,
9-7 buildings, structures, facilities, roads, or related infrastructure
9-8 for Texas Woman's University to be financed by the issuance of
9-9 bonds in accordance with this subchapter in the aggregate principal
9-10 amount not to exceed $8.5 million.
9-11 (b) The board may pledge irrevocably to the payment of those
9-12 bonds all or any part of the revenue funds of Texas Woman's
9-13 University, including student tuition charges required or
9-14 authorized by law to be imposed on students enrolled at Texas
9-15 Woman's University. The amount of a pledge made under this
9-16 subsection may not be reduced or abrogated while the bonds for
9-17 which the pledge is made, or bonds issued to refund those bonds,
9-18 are outstanding.
9-19 Sec. 55.1727. MIDWESTERN STATE UNIVERSITY. (a) The board
9-20 of regents of Midwestern State University may acquire, purchase,
9-21 construct, improve, renovate, enlarge, or equip property,
9-22 buildings, structures, facilities, roads, or related infrastructure
9-23 for Midwestern State University to be financed by the issuance of
9-24 bonds in accordance with this subchapter in the aggregate principal
9-25 amount not to exceed $9 million.
9-26 (b) The board may pledge irrevocably to the payment of those
9-27 bonds all or any part of the revenue funds of Midwestern State
10-1 University, including student tuition charges required or
10-2 authorized by law to be imposed on students enrolled at Midwestern
10-3 State University. The amount of a pledge made under this
10-4 subsection may not be reduced or abrogated while the bonds for
10-5 which the pledge is made, or bonds issued to refund those bonds,
10-6 are outstanding.
10-7 Sec. 55.1728. STEPHEN F. AUSTIN STATE UNIVERSITY. (a) The
10-8 board of regents of Stephen F. Austin State University may acquire,
10-9 purchase, construct, improve, renovate, enlarge, or equip property,
10-10 buildings, structures, facilities, roads, or related infrastructure
10-11 for Stephen F. Austin State University to be financed by the
10-12 issuance of bonds in accordance with this subchapter in the
10-13 aggregate principal amount not to exceed $6 million.
10-14 (b) The board may pledge irrevocably to the payment of those
10-15 bonds all or any part of the revenue funds of Stephen F. Austin
10-16 State University, including student tuition charges required or
10-17 authorized by law to be imposed on students enrolled at Stephen F.
10-18 Austin State University. The amount of a pledge made under this
10-19 subsection may not be reduced or abrogated while the bonds for
10-20 which the pledge is made, or bonds issued to refund those bonds,
10-21 are outstanding.
10-22 SECTION 3. Subchapter B, Chapter 55, Education Code, is
10-23 amended by adding Section 55.174 to read as follows:
10-24 Sec. 55.174. TEXAS SOUTHERN UNIVERSITY. (a) In addition to
10-25 other authority granted by this subchapter, the board of regents of
10-26 Texas Southern University may acquire, purchase, construct,
10-27 improve, renovate, enlarge, or equip property, buildings,
11-1 structures, facilities, roads, or related infrastructure for Texas
11-2 Southern University to be financed by the issuance of bonds in
11-3 accordance with this subchapter and in accordance with a revenue
11-4 financing program adopted by the board in an aggregate principal
11-5 amount not to exceed $18 million.
11-6 (b) The board may pledge irrevocably to the payment of those
11-7 bonds all or any part of the revenue funds of Texas Southern
11-8 University, including student tuition charges required or
11-9 authorized by law to be imposed on students enrolled at the
11-10 university. The amount of a pledge made under this subsection may
11-11 not be reduced or abrogated while the bonds for which the pledge is
11-12 made, or bonds issued to refund those bonds, are outstanding.
11-13 SECTION 4. Section 61.0572(e), Education Code, is amended to
11-14 read as follows:
11-15 (e) Approval of the board is not required to acquire real
11-16 property that is financed by bonds issued under Section 55.17(e)(3)
11-17 or (4), [or] 55.1713-55.1718, 55.1721-55.1728, or 55.174 [of this
11-18 code], except that the board shall review all real property to be
11-19 financed by bonds issued under those sections to determine whether
11-20 the property meets the standards adopted by the board for cost,
11-21 efficiency, and space use. If the property does not meet those
11-22 standards, the board shall notify the governor, the lieutenant
11-23 governor, the speaker of the house of representatives, and the
11-24 Legislative Budget Board.
11-25 SECTION 5. Section 61.058(b), Education Code, is amended to
11-26 read as follows:
11-27 (b) This section does not apply to construction, repair, or
12-1 rehabilitation financed by bonds issued under Section 55.17(e)(3)
12-2 or (4), [or] 55.1713-55.1718, 55.1721-55.1728, or 55.174 [of this
12-3 code], except that the board shall review all construction, repair,
12-4 or rehabilitation to be financed by bonds issued under those
12-5 sections to determine whether the construction, rehabilitation, or
12-6 repair meets the standards adopted by board rule for cost,
12-7 efficiency, and space use. If the construction, rehabilitation, or
12-8 repair does not meet those standards, the board shall notify the
12-9 governor, the lieutenant governor, the speaker of the house of
12-10 representatives, and the Legislative Budget Board.
12-11 SECTION 6. The importance of this legislation and the
12-12 crowded condition of the calendars in both houses create an
12-13 emergency and an imperative public necessity that the
12-14 constitutional rule requiring bills to be read on three several
12-15 days in each house be suspended, and this rule is hereby suspended,
12-16 and that this Act take effect and be in force from and after its
12-17 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1235 was passed by the House on March
25, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1235 on May 12, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1235 on May 24, 1997, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1235 was passed by the Senate, with
amendments, on May 8, 1997, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1235 on May 26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor