By Fraser S.B. No. 572 75R5255 JSA-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the transfer of the University of Central Texas to The 1-3 Texas A&M University System. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. TRANSFER OF GOVERNANCE. The University of 1-6 Central Texas, a Texas nonprofit corporation, including the 1-7 organization, control, management, and property of that 1-8 institution, is transferred to the board of regents of The Texas 1-9 A&M University System if the board of regents of the University of 1-10 Central Texas and the board of regents of The Texas A&M University 1-11 System agree to the transfer and the Texas Higher Education 1-12 Coordinating Board approves the transfer not later than August 31, 1-13 1997. If the board of regents of the University of Central Texas 1-14 and the board of regents of The Texas A&M University System agree 1-15 to the transfer and the Texas Higher Education Coordinating Board 1-16 approves the transfer in the time provided, the transfer is 1-17 effective September 1, 1997, and is governed by Sections 2 through 1-18 7 of this Act. When the transfer takes effect, the institution 1-19 shall be known as the Public University for Central Texas until the 1-20 board of regents assigns the institution a different name. 1-21 SECTION 2. POWERS AND DUTIES; RULES AND POLICIES. (a) The 1-22 board of regents of The Texas A&M University System shall undertake 1-23 to govern, operate, manage, and control the Public University for 1-24 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that institution that are 2-13 in effect when the transfer takes effect are continued in effect 2-14 until adopted, repealed, or superseded by the board of regents of 2-15 The Texas A&M University System.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 2-26 obligations, the board of regents of The Texas A&M University 2-27 System is substituted for and stands and acts in the place of the 3-1 board of regents of the University of Central Texas to the extent 3-2 permitted by law. 3-3 SECTION 4. EFFECT OF TRANSFER ON EMPLOYEES. For purposes of 3-4 employment benefits, a person who is an employee of the University 3-5 of Central Texas as of the effective date of the transfer shall be 3-6 treated the same as any other new employee of The Texas A&M 3-7 University System except that each employee shall be given credit 3-8 for all prior years of service at the University of Central Texas 3-9 for the purpose of annual leave accrual rates as state employees. 3-10 SECTION 5. CURRENT FUNDING. All funds that, on the 3-11 effective date of the transfer, have been dedicated to or are held 3-12 for the use and benefit of the University of Central Texas under 3-13 the governance of the board of regents of that institution are 3-14 transferred to the board of regents of The Texas A&M University 3-15 System for the use and benefit of the Public University for Central 3-16 Texas. 3-17 SECTION 6. EFFECT OF TRANSFER ON STUDENTS. The transfer of 3-18 governance, operation, management, and control of the University of 3-19 Central Texas to the board of regents of The Texas A&M University 3-20 System does not affect the credit hours earned by students at the 3-21 University of Central Texas before the effective date of this Act. 3-22 SECTION 7. LEGISLATIVE INTENT. It is the intent of the 3-23 legislature that the effect of this Act is to transfer governance 3-24 of the existing University of Central Texas from the board of 3-25 regents of the nonprofit corporation to the board of regents of The 3-26 Texas A&M University System. This Act does not create an 3-27 institution of higher education entitled to funds under Sections 17 4-1 and 18, Article VII, Texas Constitution. On and after the 4-2 effective date of the transfer, the Public University for Central 4-3 Texas is not eligible to receive funds under Section 17 or 18, 4-4 Article VII, Texas Constitution, until otherwise provided by law. 4-5 SECTION 8. AMENDMENT. If the transfer authorized by Section 4-6 1 of this Act takes effect, effective September 1, 1997, Chapter 4-7 87, Education Code, is amended by adding Subchapter J to read as 4-8 follows: 4-9 SUBCHAPTER J. PUBLIC UNIVERSITY FOR CENTRAL TEXAS 4-10 Sec. 87.821. PUBLIC UNIVERSITY FOR CENTRAL TEXAS. (a) The 4-11 Public University for Central Texas is a coeducational upper-level 4-12 educational institution located in the city of Killeen. The 4-13 institution is a component institution of The Texas A&M University 4-14 System and is under the management and control of the board of 4-15 regents of The Texas A&M University System. 4-16 (b) The board has the same powers and duties concerning the 4-17 Public University for Central Texas as are conferred on the board 4-18 by law concerning Texas A&M University. 4-19 (c) The institution may accept only junior, senior, and 4-20 graduate-level students. 4-21 Sec. 87.822. POWERS OF BOARD. (a) The board may: 4-22 (1) prescribe courses leading to degrees customarily 4-23 offered in leading American upper-level educational institutions; 4-24 (2) award the degrees described by Subdivision (1); 4-25 (3) enter into an affiliation or coordination 4-26 agreement with an entity if reasonably necessary or desirable for 4-27 the operation of a first class upper-level educational institution; 5-1 (4) make joint appointments in the Public University 5-2 for Central Texas and another institution within The Texas A&M 5-3 University System; and 5-4 (5) adopt rules for the operation, control, and 5-5 management of the institution as necessary for the operation of a 5-6 first class upper-level educational institution, including rules 5-7 governing the number of students that may be admitted to any 5-8 program at the institution. 5-9 (b) The salary of a person who receives a joint appointment 5-10 under Subsection (a)(4) must be apportioned among the institutions 5-11 to which the individual is appointed on the basis of the services 5-12 rendered. 5-13 SECTION 9. REPEALER. Chapter 1255, Acts of the 71st 5-14 Legislature, Regular Session, 1989, as amended by Chapter 37, Acts 5-15 of the 71st Legislature, 1st Called Session, 1989, and Chapter 800, 5-16 Acts of the 72nd Legislature, Regular Session, 1991, is repealed. 5-17 SECTION 10. EMERGENCY. The importance of this legislation 5-18 and the crowded condition of the calendars in both houses create an 5-19 emergency and an imperative public necessity that the 5-20 constitutional rule requiring bills to be read on three several 5-21 days in each house be suspended, and this rule is hereby suspended, 5-22 and that this Act take effect and be in force from and after its 5-23 passage, and it is so enacted.