By:  Lucio                                             S.B. No. 274

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the operation of The University of Texas at

 1-2     Brownsville.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 78.02, Education Code, is amended to read

 1-5     as follows:

 1-6           Sec. 78.02.  ESTABLISHMENT; SCOPE.  (a)  The board shall

 1-7     establish an [upper-level educational] institution of higher

 1-8     education in the City of Brownsville, to be known as The University

 1-9     of Texas at Brownsville.

1-10           (b)  Except as provided by Subsections [Subsection] (c) and

1-11     (d) [of this section], the university shall teach only junior-,

1-12     senior-, and graduate-level courses.

1-13           (c)  The university may enter into a partnership agreement

1-14     with the [Texas] Southmost Union Junior College District in the

1-15     manner authorized by Subchapter N, Chapter 51, to offer [teach] a

1-16     lower-division, occupational, or technical course that is not

1-17     offered at the university.

1-18           (d)  The university shall offer basic lower-division courses

1-19     to support bachelor of arts and bachelor of science degree

1-20     programs.  If the Southmost Union Junior College District provides

1-21     regular operational support for Texas Southmost College and the

1-22     partnership with the university authorized by Subsection (c), the

1-23     university may offer additional lower-division courses.

 2-1           SECTION 2.  Section 78.04, Education Code, is amended to read

 2-2     as follows:

 2-3           Sec. 78.04.  FACILITIES.  The board shall make provisions for

 2-4     adequate physical facilities for use by the university, on land

 2-5     committed by the board of trustees of the Southmost Union Junior

 2-6     College District on the district's Texas Southmost College campus,

 2-7     subject to the normal requirements of the board and the Texas

 2-8     Higher Education Coordinating Board.

 2-9           SECTION 3.  Chapter 78, Education Code, is amended by adding

2-10     Sections 78.07 and 78.08 to read as follows:

2-11           Sec. 78.07.  LOWER-DIVISION ADMISSIONS.  The board of regents

2-12     of The University of Texas System, with the concurrence of the

2-13     board of trustees of the Southmost Union Junior College District,

2-14     shall determine the number of entering freshmen who may be enrolled

2-15     at the university each academic year.  In an academic year

2-16     preceding the 2005-2006 academic year, the number of entering

2-17     lower-division students enrolled may not exceed 900.

2-18           Sec. 78.08.  FORMULA FUNDING.  Notwithstanding Section

2-19     61.059, a formula adopted by the Texas Higher Education

2-20     Coordinating Board under that section shall provide that the

2-21     formula for upper-level general academic teaching institutions

2-22     shall be applied to upper-division semester credit hours at the

2-23     university for each state fiscal year preceding the state fiscal

2-24     year ending August 31, 2006.

2-25           SECTION 4.  The importance of this legislation and the

 3-1     crowded condition of the calendars in both houses create an

 3-2     emergency and an imperative public necessity that the

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

 3-4     days in each house be suspended, and this rule is hereby suspended,

 3-5     and that this Act take effect and be in force from and after its

 3-6     passage, and it is so enacted.

 3-7                          COMMITTEE AMENDMENT NO. 1

 3-8           Amend S.B. No. 274, as follows:

 3-9           (1)  On page 1, line 18, insert "subject to the authority of

3-10     the Texas Higher Education Coordinating Board (THECB)" between

3-11     "shall" and "offer".

3-12           (2)  On page 2, line 16, strike "entering".

3-13           (3)  On page 2, line 25, add a new Section 4 as follows and

3-14     renumber subsequent sections appropriately:

3-15           SECTION 4.  Not later than May 31, 1998, the THECB shall

3-16     prepare an impact statement examining the initial implementation of

3-17     this Act and shall deliver a copy of the statement to the board, to

3-18     the board of trustees of Southmost Union Junior College District,

3-19     and to the chair of the standing committee of each house of the

3-20     legislature with primary jurisdiction over higher education.

3-21                                                                   Solis