By Lewis of Orange, et al.                            H.B. No. 1297
         76R8558 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to changing the names of Lamar University at Orange, Lamar
 1-3     University at Port Arthur, and Lamar University Institute of
 1-4     Technology.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 96.703, Education Code, is amended to
 1-7     read as follows:
 1-8           Sec. 96.703.  LAMAR [UNIVERSITY] INSTITUTE OF TECHNOLOGY.
 1-9     (a)  The board shall establish and maintain an educational center
1-10     of Lamar University as a separate degree-granting institution to be
1-11     known as Lamar [University] Institute of Technology.
1-12           (b)  The primary purpose of the institute is to teach
1-13     technical and vocational courses and related supporting courses.
1-14     The board may confer degrees appropriate to the institute's
1-15     curriculum.
1-16           SECTION 2.  Section 96.704, Education Code, is amended to
1-17     read as follows:
1-18           Sec. 96.704.  LAMAR STATE COLLEGE--PORT ARTHUR AND LAMAR
1-19     STATE COLLEGE--ORANGE [EDUCATIONAL CENTERS AT PORT ARTHUR AND
1-20     ORANGE].  (a)  The board shall establish and maintain coeducational
1-21     lower-division institutions of higher education as separate
1-22     accredited degree-granting institutions in the counties of
1-23     Jefferson and Orange, to be known as Lamar State
1-24     College--[University at] Port Arthur and Lamar State
 2-1     College--[University at] Orange, to teach only freshman- and
 2-2     sophomore-level courses.
 2-3           (b)  The board may acquire, construct, or otherwise make
 2-4     provision for adequate physical facilities for use by Lamar State
 2-5     College--[University at] Port Arthur and Lamar State
 2-6     College--[University at] Orange and may accept and administer, on
 2-7     terms and conditions satisfactory to the board, grants or gifts of
 2-8     money or property tendered by any reason for the use and benefit of
 2-9     the school.
2-10           (c)  The board with approval of the Texas Higher Education
2-11     Coordinating Board may prescribe courses leading to customary
2-12     degrees.  The board may make other rules and regulations for the
2-13     operation, control, and management of Lamar State
2-14     College--[University at] Port Arthur and Lamar State
2-15     College--[University at] Orange as are necessary for each
2-16     institution to be a first-class institution for freshman and
2-17     sophomore students.
2-18           (d)  Nothing in this section shall be construed to limit the
2-19     powers of the board as conferred by law.
2-20           (e)  For Lamar State College--[University at] Port Arthur and
2-21     Lamar State College--[University at] Orange, the board may expend
2-22     funds allocated to Lamar University under Chapter 62 for any of the
2-23     purposes listed in Section 17, Article VII, Texas Constitution, in
2-24     the same manner and under the same circumstances as expenditures
2-25     for those purposes for other separate degree-granting institutions.
2-26           SECTION 3.  Sections 54.060(a), (e), and (g), Education Code,
2-27     are amended to read as follows:
 3-1           (a)  The nonresident tuition fee prescribed by this chapter
 3-2     does not apply to a nonresident student who is a resident of
 3-3     Arkansas, Louisiana, New Mexico, or Oklahoma and who registers in a
 3-4     public upper-level institution of higher education, Lamar State
 3-5     College--Orange, Lamar State College--Port Arthur, Lamar Institute
 3-6     of Technology, a [two-year institution in the Lamar University
 3-7     System,] Texas public junior college, or a public technical
 3-8     institute that is situated in a county immediately adjacent to the
 3-9     state in which the nonresident student resides.  The nonresident
3-10     tuition fee prescribed by this chapter does not apply to a
3-11     nonresident student who is a resident of New Mexico or Oklahoma and
3-12     who registers in a public technical institute that is situated in a
3-13     county that is within 100 miles of the state in which the
3-14     nonresident student resides and who is admitted for the purpose of
3-15     utilizing available instructional facilities.  The nonresident
3-16     student described in this subsection shall pay an amount equivalent
3-17     to the amount charged a Texas student registered at a similar
3-18     school in the state in which the nonresident student resides.  For
3-19     purposes of this subsection, "public upper-level institution of
3-20     higher education" means an institution of higher education that
3-21     offers only junior-level and senior-level courses or only
3-22     junior-level, senior-level, and graduate-level courses.
3-23           (e)  The payment of resident tuition at Lamar State
3-24     College--Orange, Lamar State College--Port Arthur, Lamar Institute
3-25     of Technology, [a two-year institution in the Lamar University
3-26     System] or a public technical institute as authorized by Subsection
3-27     (a) of this section or at an institution of higher education as
 4-1     authorized by Subsection (f) does not affect the constitutionally
 4-2     dedicated funding to which institutions of higher education are
 4-3     entitled under Article VII, Section 17, of the Texas Constitution.
 4-4           (g)  In this section, "public[:]
 4-5                 [(1)  "Public] technical institute" has the meaning
 4-6     assigned by Section 61.003 of this code.
 4-7                 [(2)  "Two-year institution in the Lamar University
 4-8     System" means:]
 4-9                       [(A)  Lamar University at Orange;]
4-10                       [(B)  Lamar University at Port Arthur; or]
4-11                       [(C)  the Lamar University Institute of
4-12     Technology in Beaumont.]
4-13           SECTION 4.  Section 55.1724(a), Education Code, is amended to
4-14     read as follows:
4-15           (a)  In addition to the other authority granted by this
4-16     subchapter, the board of regents of the Texas State University
4-17     System may acquire, purchase, construct, improve, renovate,
4-18     enlarge, or equip property, buildings, structures, facilities,
4-19     roads, or related infrastructure for the following institutions to
4-20     be financed by the issuance of bonds in accordance with this
4-21     subchapter and in accordance with a systemwide revenue financing
4-22     program adopted by the board in aggregate principal amounts not to
4-23     exceed the following:
4-24                 (1)  Angelo State University, $20 million;
4-25                 (2)  Lamar University--Beaumont, $8 million;
4-26                 (3)  Lamar [University] Institute of Technology, $2
4-27     million;
 5-1                 (4)  Lamar State College [University]--Orange, $3.5
 5-2     million;
 5-3                 (5)  Lamar State College [University]--Port Arthur,
 5-4     $2.75 million;
 5-5                 (6)  Sam Houston State University, $7.5 million;
 5-6                 (7)  Southwest Texas State University, $19.7 million;
 5-7     and
 5-8                 (8)  Sul Ross State University, $17.5 million.
 5-9           SECTION 5.  Section 62.021(a), Education Code, is amended to
5-10     read as follows:
5-11           (a)  Each fiscal year, an eligible institution is entitled to
5-12     receive an amount allocated in accordance with this section from
5-13     funds appropriated by Article VII, Section 17(a), of the
5-14     Constitution of Texas.  The comptroller of public accounts shall
5-15     distribute funds allocated under this subsection only on
5-16     presentation of a claim and issuance of a warrant in accordance
5-17     with Section 403.071, Government Code.  The comptroller may not
5-18     issue a warrant from any funds allocated under this subsection
5-19     before the delivery of goods or services described in Section 17,
5-20     Article VII, Texas Constitution, except for the payment of
5-21     principal or interest on bonds or notes.  The allocation of funds
5-22     under this subsection is made in accordance with an equitable
5-23     formula consisting of the following elements:  space deficit,
5-24     facilities condition, institutional complexity, separate
5-25     allocations for medical units and the Texas State Technical College
5-26     System, and an additional allocation for Texas Southern University
5-27     for compliance with the Texas Desegregation Plan.  The amounts
 6-1     allocated by the formula are as follows:
 6-2     $ 5,572,558    Texas A&M University--Commerce and Texas A&M
 6-3                    University--Texarkana [East Texas State University
 6-4                    including East Texas State University at Texarkana];
 6-5     $ 9,468,548    Lamar University including Lamar State
 6-6                    College--[University at] Orange and Lamar State
 6-7                    College--[University at] Port Arthur;
 6-8     $ 2,862,203    Midwestern State University;
 6-9     $20,217,740    University of North Texas;
6-10     $10,174,500    The University of Texas--Pan American and The
6-11                    University of Texas at Brownsville;
6-12     $ 6,468,273    Stephen F. Austin State University;
6-13     $ 3,640,000    University of North Texas Health Science Center at
6-14                    Fort Worth;
6-15     $23,181,556    Texas State University System Administration and the
6-16                    following component institutions: Angelo State
6-17                    University; Sam Houston State University; Southwest
6-18                    Texas State University; Sul Ross State University
6-19                    including Rio Grande College [Uvalde Center];
6-20     $ 8,199,288    Texas Southern University (includes allocation of
6-21                    $1,000,000 for compliance with Texas Desegregation
6-22                    Plan);
6-23     $16,887,085    Texas Tech University;
6-24     $ 7,735,000    Texas Tech University Health Sciences Center;
6-25     $ 6,849,160    Texas Woman's University;
6-26     $37,726,969    University of Houston System Administration and the
6-27                    following component institutions: University of
 7-1                    Houston; University of Houston--Victoria; University
 7-2                    of Houston--Clear Lake; University of
 7-3                    Houston--Downtown;
 7-4     $12,167,120    Texas A&M University--Corpus Christi; Texas A&M
 7-5                    International University; Texas A&M
 7-6                    University--Kingsville; West Texas A&M University;
 7-7                    and
 7-8     $ 3,850,000    Texas State Technical College System Administration
 7-9                    and the following component campuses, but not its
7-10                    extension centers or programs: Texas State Technical
7-11                    College-Amarillo;  Texas State Technical
7-12                    College-Harlingen; Texas State Technical
7-13                    College-Sweetwater; Texas State Technical
7-14                    College--Waco.
7-15           SECTION 6.  Section 54.060(h), Education Code, is repealed.
7-16           SECTION 7.  The importance of this legislation and the
7-17     crowded condition of the calendars in both houses create an
7-18     emergency and an imperative public necessity that the
7-19     constitutional rule requiring bills to be read on three several
7-20     days in each house be suspended, and this rule is hereby suspended,
7-21     and that this Act take effect and be in force from and after its
7-22     passage, and it is so enacted.