By: Fraser S.B. No. 572
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the transfer of the University of Central Texas to The
1-2 Texas A&M 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 if the board of regents of the University of
1-9 Central Texas and the board of regents of The Texas A&M University
1-10 System agree to the transfer and the Texas Higher Education
1-11 Coordinating Board approves the transfer not later than August 31,
1-12 1997. If the board of regents of the University of Central Texas
1-13 and the board of regents of The Texas A&M University System agree
1-14 to the transfer and the Texas Higher Education Coordinating Board
1-15 approves the transfer in the time provided, the transfer is
1-16 effective September 1, 1997, and is governed by Sections 2 through
1-17 7 of this Act. When the transfer takes effect, the institution
1-18 shall be known as the Public University for Central Texas until the
1-19 board of regents assigns the institution a different name.
1-20 SECTION 2. POWERS AND DUTIES; RULES AND POLICIES. (a) The
1-21 board of regents of The Texas A&M University System shall undertake
1-22 to govern, operate, manage, and control the Public University for
1-23 Central Texas and all land, buildings, facilities, improvements,
2-1 equipment, supplies, and property belonging to and comprising that
2-2 institution under the powers, duties, and responsibilities
2-3 conferred by law on the board of regents of The Texas A&M
2-4 University System for the governance, operation, management, and
2-5 control of component institutions comprising that system.
2-6 (b) The university may continue to award degrees in the same
2-7 disciplines and of the same academic standing as the University of
2-8 Central Texas. New degree programs at the university are subject
2-9 to the approval process applicable to other public institutions of
2-10 higher education.
2-11 (c) Rules and policies adopted by the board of regents of
2-12 the University of Central Texas to govern that institution that are
2-13 in effect when the transfer takes effect are continued in effect
2-14 until adopted, repealed, or superseded by the board of regents of
2-15 The Texas A&M University System. The board of regents of The Texas
2-16 A&M University System may adopt rules and policies applicable to
2-17 the Public University for Central Texas in anticipation of the
2-18 transfer authorized by this Act.
2-19 SECTION 3. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and
2-20 written obligations of every kind and character entered into by the
2-21 board of regents of the University of Central Texas for and on
2-22 behalf of the University of Central Texas are ratified, confirmed,
2-23 and validated by the board of regents of The Texas A&M University
2-24 System by that board's agreement to accept the transfer authorized
2-25 by Section 1 of this Act. In those contracts and written
3-1 obligations, the board of regents of The Texas A&M University
3-2 System is substituted for and stands and acts in the place of the
3-3 board of regents of the University of Central Texas to the extent
3-4 permitted by law.
3-5 SECTION 4. EFFECT OF TRANSFER ON EMPLOYEES. For purposes of
3-6 employment benefits, a person who is an employee of the University
3-7 of Central Texas as of the effective date of the transfer shall be
3-8 treated the same as any other new employee of The Texas A&M
3-9 University System except that each employee shall be given credit
3-10 for all prior years of service at the University of Central Texas
3-11 for the purpose of annual leave accrual rates as state employees.
3-12 SECTION 5. CURRENT FUNDING. All funds that, on the
3-13 effective date of the transfer, have been dedicated to or are held
3-14 for the use and benefit of the University of Central Texas under
3-15 the governance of the board of regents of that institution are
3-16 transferred to the board of regents of The Texas A&M University
3-17 System for the use and benefit of the Public University for Central
3-18 Texas.
3-19 SECTION 6. EFFECT OF TRANSFER ON STUDENTS. The transfer of
3-20 governance, operation, management, and control of the University of
3-21 Central Texas to the board of regents of The Texas A&M University
3-22 System does not affect the credit hours earned by students at the
3-23 University of Central Texas before the effective date of this Act.
3-24 SECTION 7. LEGISLATIVE INTENT. It is the intent of the
3-25 legislature that the effect of this Act is to transfer governance
4-1 of the existing University of Central Texas from the board of
4-2 regents of the nonprofit corporation to the board of regents of The
4-3 Texas A&M University System. This Act does not create an
4-4 institution of higher education entitled to funds under Sections 17
4-5 and 18, Article VII, Texas Constitution. On and after the
4-6 effective date of the transfer, the Public University for Central
4-7 Texas is not eligible to receive funds under Section 17 or 18,
4-8 Article VII, Texas Constitution, until otherwise provided by law.
4-9 SECTION 8. AMENDMENT. If the transfer authorized by Section
4-10 1 of this Act takes effect, effective September 1, 1997, Chapter
4-11 87, Education Code, is amended by adding Subchapter J to read as
4-12 follows:
4-13 SUBCHAPTER J. PUBLIC UNIVERSITY FOR CENTRAL TEXAS
4-14 Sec. 87.821. PUBLIC UNIVERSITY FOR CENTRAL TEXAS. (a) The
4-15 Public University for Central Texas is a coeducational upper-level
4-16 educational institution located in the city of Killeen. The
4-17 institution is a component institution of The Texas A&M University
4-18 System and is under the management and control of the board of
4-19 regents of The Texas A&M University System.
4-20 (b) The board of regents has the same powers and duties
4-21 concerning the Public University for Central Texas as are conferred
4-22 on the board by law concerning Texas A&M University.
4-23 (c) The institution may accept only junior, senior, and
4-24 graduate-level students.
4-25 Sec. 87.822. POWERS OF BOARD OF REGENTS. (a) The board
5-1 may:
5-2 (1) prescribe courses leading to degrees customarily
5-3 offered in leading American upper-level educational institutions;
5-4 (2) award the degrees described by Subdivision (1);
5-5 (3) enter into an affiliation or coordination
5-6 agreement with an entity if reasonably necessary or desirable for
5-7 the operation of a first class upper-level educational institution;
5-8 (4) make joint appointments in the Public University
5-9 for Central Texas and another institution within The Texas A&M
5-10 University System; and
5-11 (5) adopt rules for the operation, control, and
5-12 management of the institution as necessary for the operation of a
5-13 first class upper-level educational institution, including rules
5-14 governing the number of students that may be admitted to any
5-15 program at the institution.
5-16 (b) The salary of a person who receives a joint appointment
5-17 under Subsection (a)(4) must be apportioned among the institutions
5-18 to which the individual is appointed on the basis of the services
5-19 rendered.
5-20 SECTION 9. REPEALER. Chapter 1255, Acts of the 71st
5-21 Legislature, Regular Session, 1989, as amended by Chapter 37, Acts
5-22 of the 71st Legislature, 1st Called Session, 1989, and Chapter 800,
5-23 Acts of the 72nd Legislature, Regular Session, 1991, is repealed.
5-24 SECTION 10. EMERGENCY. The importance of this legislation
5-25 and the crowded condition of the calendars in both houses create an
6-1 emergency and an imperative public necessity that the
6-2 constitutional rule requiring bills to be read on three several
6-3 days in each house be suspended, and this rule is hereby suspended,
6-4 and that this Act take effect and be in force from and after its
6-5 passage, and it is so enacted.
6-6 COMMITTEE AMENDMENT NO. 1
6-7 Amend S.B. No. 572 (engrossed printing) as follows:
6-8 (1) In Section 1, on page 1, lines 12 and 16, strike "1997"
6-9 and substitute "1998".
6-10 (2) In Section 8, on page 4, line 10, strike "1997" and
6-11 substitute "1998".
6-12 75R14161 JSA-D Solis
6-13 COMMITTEE AMENDMENT NO. 2
6-14 Amend S.B. No. 572 (engrossed printing) as follows:
6-15 (1) In Section 1, on page 1, line 8, immediately after "is
6-16 transferred to the board of regents of The Texas A&M University
6-17 System", insert "or of another university system as defined by
6-18 Section 61.003, Education Code,".
6-19 (2) In Section 1, on page 1, lines 10 and 13, immediately
6-20 after "The Texas A&M University System", insert "or other
6-21 university system".
6-22 (3) In Section 2(a), on page 1, line 21, immediately after
6-23 "The Texas A&M University System," insert "or other university
6-24 system to which the university is transferred under Section 1 of
6-25 this Act".
7-1 (4) In Section 2(a), on page 2, line 4, immediately after
7-2 "The Texas A&M University System," insert "or other university
7-3 system".
7-4 (5) In Section 2(c), on page 2, line 15, immediately after
7-5 "The Texas A&M University System," insert "or other university
7-6 system to which the university is transferred under Section 1 of
7-7 this Act".
7-8 (6) In Section 2(c), on page 2, line 16, immediately after
7-9 "The Texas A&M University System," insert "or other university
7-10 system".
7-11 (7) In Section 3, on page 2, line 24, immediately after "The
7-12 Texas A&M University System," insert "or other university system to
7-13 which the university is transferred under Section 1 of this Act".
7-14 (8) In Section 3, on page 3, line 2, immediately after "The
7-15 Texas A&M University System," insert "or other university system".
7-16 (9) In Section 4, on page 3, line 9, in Section 5, on page
7-17 3, line 17, in Section 6, on page 3, line 22, and in Section 7, on
7-18 page 4, line 3, immediately after "The Texas A&M University
7-19 System," insert "or other university system to which the university
7-20 is transferred under Section 1 of this Act".
7-21 (10) In Section 8, on page 4, line 10, immediately after
7-22 "takes effect", insert "and the transfer is made to The Texas A&M
7-23 University System".
7-24 (11) On page 5, immediately after Section 8 of the bill, on
7-25 page 5, between lines 19 and 20, add a new section appropriately
8-1 numbered to read as follows and renumber the other sections of the
8-2 bill accordingly:
8-3 SECTION ____. AMENDMENT. If the transfer authorized by
8-4 Section 1 of this Act takes effect and that transfer is made to a
8-5 university system other than The Texas A&M University System,
8-6 effective September 1, 1997, Title 3, Education Code, is amended by
8-7 adding Chapter 115 to read as follows:
8-8 CHAPTER 115. PUBLIC UNIVERSITY FOR CENTRAL TEXAS
8-9 Sec. 115.001. PUBLIC UNIVERSITY FOR CENTRAL TEXAS. (a) The
8-10 Public University for Central Texas is a coeducational upper-level
8-11 educational institution located in the city of Killeen. The
8-12 institution is a component institution of higher education of the
8-13 university system to which that institution was transferred
8-14 pursuant to an Act of the 75th Legislature, Regular Session, 1997,
8-15 and is under the management and control of the board of regents of
8-16 that university system.
8-17 (b) The board of regents has the same powers and duties
8-18 concerning the Public University for Central Texas as are conferred
8-19 on the board by law concerning other component institutions of the
8-20 university system.
8-21 (c) The institution may accept only junior, senior, and
8-22 graduate-level students.
8-23 Sec. 115.002. POWERS OF BOARD OF REGENTS. (a) The board
8-24 may:
8-25 (1) prescribe courses leading to degrees customarily
9-1 offered in leading American upper-level educational institutions;
9-2 (2) award the degrees described by Subdivision (1);
9-3 (3) enter into an affiliation or coordination
9-4 agreement with an entity if reasonably necessary or desirable for
9-5 the operation of a first-class upper-level educational institution;
9-6 (4) make joint appointments in the Public University
9-7 for Central Texas and another institution within the same
9-8 university system; and
9-9 (5) adopt rules for the operation, control, and
9-10 management of the institution as necessary for the operation of a
9-11 first-class upper-level educational institution, including rules
9-12 governing the number of students who may be admitted to any program
9-13 at the institution.
9-14 (b) The salary of a person who receives a joint appointment
9-15 under Subsection (a)(4) must be apportioned among the institutions
9-16 to which the individual is appointed on the basis of the services
9-17 rendered.
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