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