AN ACT 1-1 relating to the transfer of the University of Central Texas to The 1-2 Texas A&M University System or other university system. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. TRANSFER OF GOVERNANCE. The University of 1-5 Central Texas, a Texas nonprofit corporation, including the 1-6 organization, control, management, and property of that 1-7 institution, is transferred to the board of regents of The Texas 1-8 A&M University System or of another university system as defined by 1-9 Section 61.003, Education Code, if the board of regents of the 1-10 University of Central Texas and the board of regents of The Texas 1-11 A&M University System or other university system agree to the 1-12 transfer and the Texas Higher Education Coordinating Board approves 1-13 the transfer not later than August 31, 1998. If the board of 1-14 regents of the University of Central Texas and the board of regents 1-15 of The Texas A&M University System or other university system agree 1-16 to the transfer and the Texas Higher Education Coordinating Board 1-17 approves the transfer in the time provided, the transfer is 1-18 effective September 1, 1998, and is governed by Sections 2 through 1-19 7 of this Act. When the transfer takes effect, the institution 1-20 shall be known as the Public University for Central Texas until the 1-21 board of regents assigns the institution a different name. 1-22 SECTION 2. POWERS AND DUTIES; RULES AND POLICIES. (a) The 1-23 board of regents of The Texas A&M University System or other 2-1 university system to which the university is transferred under 2-2 Section 1 of this Act shall undertake to govern, operate, manage, 2-3 and control the Public University for Central Texas and all land, 2-4 buildings, facilities, improvements, equipment, supplies, and 2-5 property belonging to and comprising that institution under the 2-6 powers, duties, and responsibilities conferred by law on the board 2-7 of regents of The Texas A&M University System or other university 2-8 system for the governance, operation, management, and control of 2-9 component institutions comprising that system. 2-10 (b) The university may continue to award degrees in the same 2-11 disciplines and of the same academic standing as the University of 2-12 Central Texas. New degree programs at the university are subject 2-13 to the approval process applicable to other public institutions of 2-14 higher education. 2-15 (c) Rules and policies adopted by the board of regents of 2-16 the University of Central Texas to govern that institution that are 2-17 in effect when the transfer takes effect are continued in effect 2-18 until adopted, repealed, or superseded by the board of regents of 2-19 The Texas A&M University System or other university system to which 2-20 the university is transferred under Section 1 of this Act. The 2-21 board of regents of The Texas A&M University System or other 2-22 university system may adopt rules and policies applicable to the 2-23 Public University for Central Texas in anticipation of the transfer 2-24 authorized by this Act. 2-25 SECTION 3. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and 3-1 written obligations of every kind and character entered into by the 3-2 board of regents of the University of Central Texas for and on 3-3 behalf of the University of Central Texas are ratified, confirmed, 3-4 and validated by the board of regents of The Texas A&M University 3-5 System or other university system to which the university is 3-6 transferred under Section 1 of this Act by that board's agreement 3-7 to accept the transfer authorized by Section 1 of this Act. In 3-8 those contracts and written obligations, the board of regents of 3-9 The Texas A&M University System or other university system is 3-10 substituted for and stands and acts in the place of the board of 3-11 regents of the University of Central Texas to the extent permitted 3-12 by law. 3-13 SECTION 4. EFFECT OF TRANSFER ON EMPLOYEES. For purposes of 3-14 employment benefits, a person who is an employee of the University 3-15 of Central Texas as of the effective date of the transfer shall be 3-16 treated the same as any other new employee of The Texas A&M 3-17 University System or other university system to which the 3-18 university is transferred under Section 1 of this Act except that 3-19 each employee shall be given credit for all prior years of service 3-20 at the University of Central Texas for the purpose of annual leave 3-21 accrual rates as state employees. 3-22 SECTION 5. CURRENT FUNDING. All funds that, on the 3-23 effective date of the transfer, have been dedicated to or are held 3-24 for the use and benefit of the University of Central Texas under 3-25 the governance of the board of regents of that institution are 4-1 transferred to the board of regents of The Texas A&M University 4-2 System or other university system to which the university is 4-3 transferred under Section 1 of this Act for the use and benefit of 4-4 the Public University for Central Texas. 4-5 SECTION 6. EFFECT OF TRANSFER ON STUDENTS. The transfer of 4-6 governance, operation, management, and control of the University of 4-7 Central Texas to the board of regents of The Texas A&M University 4-8 System or other university system to which the university is 4-9 transferred under Section 1 of this Act does not affect the credit 4-10 hours earned by students at the University of Central Texas before 4-11 the effective date of this Act. 4-12 SECTION 7. LEGISLATIVE INTENT. It is the intent of the 4-13 legislature that the effect of this Act is to transfer governance 4-14 of the existing University of Central Texas from the board of 4-15 regents of the nonprofit corporation to the board of regents of The 4-16 Texas A&M University System or other university system to which the 4-17 university is transferred under Section 1 of this Act. This Act 4-18 does not create an institution of higher education entitled to 4-19 funds under Sections 17 and 18, Article VII, Texas Constitution. 4-20 On and after the effective date of the transfer, the Public 4-21 University for Central Texas is not eligible to receive funds under 4-22 Section 17 or 18, Article VII, Texas Constitution, until otherwise 4-23 provided by law. 4-24 SECTION 8. AMENDMENT. If the transfer authorized by Section 4-25 1 of this Act takes effect and the transfer is made to The Texas 5-1 A&M University System, effective September 1, 1998, Chapter 87, 5-2 Education Code, is amended by adding Subchapter J to read as 5-3 follows: 5-4 SUBCHAPTER J. PUBLIC UNIVERSITY FOR CENTRAL TEXAS 5-5 Sec. 87.821. PUBLIC UNIVERSITY FOR CENTRAL TEXAS. (a) The 5-6 Public University for Central Texas is a coeducational upper-level 5-7 educational institution located in the city of Killeen. The 5-8 institution is a component institution of The Texas A&M University 5-9 System and is under the management and control of the board of 5-10 regents of The Texas A&M University System. 5-11 (b) The board of regents has the same powers and duties 5-12 concerning the Public University for Central Texas as are conferred 5-13 on the board by law concerning Texas A&M University. 5-14 (c) The institution may accept only junior, senior, and 5-15 graduate-level students. 5-16 Sec. 87.822. POWERS OF BOARD OF REGENTS. (a) The board 5-17 may: 5-18 (1) prescribe courses leading to degrees customarily 5-19 offered in leading American upper-level educational institutions; 5-20 (2) award the degrees described by Subdivision (1); 5-21 (3) enter into an affiliation or coordination 5-22 agreement with an entity if reasonably necessary or desirable for 5-23 the operation of a first-class upper-level educational institution; 5-24 (4) make joint appointments in the Public University 5-25 for Central Texas and another institution within The Texas A&M 6-1 University System; and 6-2 (5) adopt rules for the operation, control, and 6-3 management of the institution as necessary for the operation of a 6-4 first-class upper-level educational institution, including rules 6-5 governing the number of students that may be admitted to any 6-6 program at the institution. 6-7 (b) The salary of a person who receives a joint appointment 6-8 under Subsection (a)(4) must be apportioned among the institutions 6-9 to which the individual is appointed on the basis of the services 6-10 rendered. 6-11 SECTION 9. AMENDMENT. If the transfer authorized by Section 6-12 1 of this Act takes effect and that transfer is made to a 6-13 university system other than The Texas A&M University System, 6-14 effective September 1, 1998, Subtitle F, Title 3, Education Code, 6-15 is amended by adding Chapter 115 to read as follows: 6-16 CHAPTER 115. PUBLIC UNIVERSITY FOR CENTRAL TEXAS 6-17 Sec. 115.001. PUBLIC UNIVERSITY FOR CENTRAL TEXAS. (a) The 6-18 Public University for Central Texas is a coeducational upper-level 6-19 educational institution located in the city of Killeen. The 6-20 institution is a component institution of higher education of the 6-21 university system to which that institution was transferred 6-22 pursuant to an Act of the 75th Legislature, Regular Session, 1997, 6-23 and is under the management and control of the board of regents of 6-24 that university system. 6-25 (b) The board of regents has the same powers and duties 7-1 concerning the Public University for Central Texas as are conferred 7-2 on the board by law concerning other component institutions of the 7-3 university system. 7-4 (c) The institution may accept only junior, senior, and 7-5 graduate-level students. 7-6 Sec. 115.002. POWERS OF BOARD OF REGENTS. (a) The board 7-7 may: 7-8 (1) prescribe courses leading to degrees customarily 7-9 offered in leading American upper-level educational institutions; 7-10 (2) award the degrees described by Subdivision (1); 7-11 (3) enter into an affiliation or coordination 7-12 agreement with an entity if reasonably necessary or desirable for 7-13 the operation of a first-class upper-level educational institution; 7-14 (4) make joint appointments in the Public University 7-15 for Central Texas and another institution within the same 7-16 university system; and 7-17 (5) adopt rules for the operation, control, and 7-18 management of the institution as necessary for the operation of a 7-19 first-class upper-level educational institution, including rules 7-20 governing the number of students who may be admitted to any program 7-21 at the institution. 7-22 (b) The salary of a person who receives a joint appointment 7-23 under Subsection (a)(4) must be apportioned among the institutions 7-24 to which the individual is appointed on the basis of the services 7-25 rendered. 8-1 SECTION 10. REPEALER. Chapter 1255, Acts of the 71st 8-2 Legislature, Regular Session, 1989, as amended by Chapter 37, Acts 8-3 of the 71st Legislature, 1st Called Session, 1989, and Chapter 800, 8-4 Acts of the 72nd Legislature, Regular Session, 1991, is repealed. 8-5 SECTION 11. EMERGENCY. The importance of this legislation 8-6 and the crowded condition of the calendars in both houses create an 8-7 emergency and an imperative public necessity that the 8-8 constitutional rule requiring bills to be read on three several 8-9 days in each house be suspended, and this rule is hereby suspended, 8-10 and that this Act take effect and be in force from and after its 8-11 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 572 passed the Senate on April 25, 1997, by the following vote: Yeas 27, Nays 0; and that the Senate concurred in House amendments on May 27, 1997, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 572 passed the House, with amendments, on May 25, 1997, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor