By Lewis of Orange                                    H.B. No. 1297
         76R5625 KEL-F                           
                                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.  Sections 96.704(a), (b), (c), and (e), Education
1-17     Code, are amended to read as follows:
1-18           (a)  The board shall establish and maintain coeducational
1-19     lower-division institutions of higher education as separate
1-20     accredited degree-granting institutions in the counties of
1-21     Jefferson and Orange, to be known as Lamar State College
1-22     [University] at Port Arthur and Lamar State College [University] at
1-23     Orange, to teach only freshman- and sophomore-level courses.
1-24           (b)  The board may acquire, construct, or otherwise make
 2-1     provision for adequate physical facilities for use by Lamar State
 2-2     College [University] at Port Arthur and Lamar State College
 2-3     [University] at Orange and may accept and administer, on terms and
 2-4     conditions satisfactory to the board, grants or gifts of money or
 2-5     property tendered by any reason for the use and benefit of the
 2-6     school.
 2-7           (c)  The board with approval of the Texas Higher Education
 2-8     Coordinating Board may prescribe courses leading to customary
 2-9     degrees.  The board may make other rules and regulations for the
2-10     operation, control, and management of Lamar State College
2-11     [University] at Port Arthur and Lamar State College [University] at
2-12     Orange as are necessary for each institution to be a first-class
2-13     institution for freshman and sophomore students.
2-14           (e)  For Lamar State College [University] at Port Arthur and
2-15     Lamar State College [University] at Orange, the board may expend
2-16     funds allocated to Lamar University under Chapter 62 for any of the
2-17     purposes listed in Section 17, Article VII, Texas Constitution, in
2-18     the same manner and under the same circumstances as expenditures
2-19     for those purposes for other separate degree-granting institutions.
2-20           SECTION 3.  Sections 54.060(a), (e), and (g), Education Code,
2-21     are amended to read as follows:
2-22           (a)  The nonresident tuition fee prescribed by this chapter
2-23     does not apply to a nonresident student who is a resident of
2-24     Arkansas, Louisiana, New Mexico, or Oklahoma and who registers in a
2-25     public upper-level institution of higher education, Lamar State
2-26     College at Orange, Lamar State College at Port Arthur, Lamar
2-27     Institute of Technology, a [two-year institution in the Lamar
 3-1     University System,] Texas public junior college, or a public
 3-2     technical institute that is situated in a county immediately
 3-3     adjacent to the state in which the nonresident student resides.
 3-4     The nonresident tuition fee prescribed by this chapter does not
 3-5     apply to a nonresident student who is a resident of New Mexico or
 3-6     Oklahoma and who registers in a public technical institute that is
 3-7     situated in a county that is within 100 miles of the state in which
 3-8     the nonresident student resides and who is admitted for the purpose
 3-9     of utilizing available instructional facilities.  The nonresident
3-10     student described in this subsection shall pay an amount equivalent
3-11     to the amount charged a Texas student registered at a similar
3-12     school in the state in which the nonresident student resides.  For
3-13     purposes of this subsection, "public upper-level institution of
3-14     higher education" means an institution of higher education that
3-15     offers only junior-level and senior-level courses or only
3-16     junior-level, senior-level, and graduate-level courses.
3-17           (e)  The payment of resident tuition at Lamar State College
3-18     at Orange, Lamar State College at Port Arthur, Lamar Institute of
3-19     Technology, [a two-year institution in the Lamar University System]
3-20     or a public technical institute as authorized by Subsection (a) of
3-21     this section or at an institution of higher education as authorized
3-22     by Subsection (f) does not affect the constitutionally dedicated
3-23     funding to which institutions of higher education are entitled
3-24     under Article VII, Section 17, of the Texas Constitution.
3-25           (g)  In this section, "public[:]
3-26                 [(1)  "Public] technical institute" has the meaning
3-27     assigned by Section 61.003 of this code.
 4-1                 [(2)  "Two-year institution in the Lamar University
 4-2     System" means:]
 4-3                       [(A)  Lamar University at Orange;]
 4-4                       [(B)  Lamar University at Port Arthur; or]
 4-5                       [(C)  the Lamar University Institute of
 4-6     Technology in Beaumont.]
 4-7           SECTION 4.  Section 55.1724(a), Education Code, is amended to
 4-8     read as follows:
 4-9           (a)  In addition to the other authority granted by this
4-10     subchapter, the board of regents of the Texas State University
4-11     System may acquire, purchase, construct, improve, renovate,
4-12     enlarge, or equip property, buildings, structures, facilities,
4-13     roads, or related infrastructure for the following institutions to
4-14     be financed by the issuance of bonds in accordance with this
4-15     subchapter and in accordance with a systemwide revenue financing
4-16     program adopted by the board in aggregate principal amounts not to
4-17     exceed the following:
4-18                 (1)  Angelo State University, $20 million;
4-19                 (2)  Lamar University--Beaumont, $8 million;
4-20                 (3)  Lamar [University] Institute of Technology, $2
4-21     million;
4-22                 (4)  Lamar State College at [University--]Orange, $3.5
4-23     million;
4-24                 (5)  Lamar State College at [University--]Port Arthur,
4-25     $2.75 million;
4-26                 (6)  Sam Houston State University, $7.5 million;
4-27                 (7)  Southwest Texas State University, $19.7 million;
 5-1     and
 5-2                 (8)  Sul Ross State University, $17.5 million.
 5-3           SECTION 5.  Section 62.021(a), Education Code, is amended to
 5-4     read as follows:
 5-5           (a)  Each fiscal year, an eligible institution is entitled to
 5-6     receive an amount allocated in accordance with this section from
 5-7     funds appropriated by Article VII, Section 17(a), of the
 5-8     Constitution of Texas.  The comptroller of public accounts shall
 5-9     distribute funds allocated under this subsection only on
5-10     presentation of a claim and issuance of a warrant in accordance
5-11     with Section 403.071, Government Code.  The comptroller may not
5-12     issue a warrant from any funds allocated under this subsection
5-13     before the delivery of goods or services described in Section 17,
5-14     Article VII, Texas Constitution, except for the payment of
5-15     principal or interest on bonds or notes.  The allocation of funds
5-16     under this subsection is made in accordance with an equitable
5-17     formula consisting of the following elements:  space deficit,
5-18     facilities condition, institutional complexity, separate
5-19     allocations for medical units and the Texas State Technical College
5-20     System, and an additional allocation for Texas Southern University
5-21     for compliance with the Texas Desegregation Plan.  The amounts
5-22     allocated by the formula are as follows:
5-23     $ 5,572,558    Texas A&M University--Commerce and Texas A&M
5-24                    University--Texarkana [East Texas State University
5-25                    including East Texas State University at Texarkana];
5-26     $ 9,468,548    Lamar University including Lamar State College
5-27                    [University] at Orange and Lamar State College
 6-1                    [University] at Port Arthur;
 6-2     $ 2,862,203    Midwestern State University;
 6-3     $20,217,740    University of North Texas;
 6-4     $10,174,500    The University of Texas--Pan American and The
 6-5                    University of Texas at Brownsville;
 6-6     $ 6,468,273    Stephen F. Austin State University;
 6-7     $ 3,640,000    University of North Texas Health Science Center at
 6-8                    Fort Worth;
 6-9     $23,181,556    Texas State University System Administration and the
6-10                    following component institutions: Angelo State
6-11                    University; Sam Houston State University; Southwest
6-12                    Texas State University; Sul Ross State University
6-13                    including Rio Grande College [Uvalde Center];
6-14     $ 8,199,288    Texas Southern University (includes allocation of
6-15                    $1,000,000 for compliance with Texas Desegregation
6-16                    Plan);
6-17     $16,887,085    Texas Tech University;
6-18     $ 7,735,000    Texas Tech University Health Sciences Center;
6-19     $ 6,849,160    Texas Woman's University;
6-20     $37,726,969    University of Houston System Administration and the
6-21                    following component institutions: University of
6-22                    Houston; University of Houston--Victoria; University
6-23                    of Houston--Clear Lake; University of
6-24                    Houston--Downtown;
6-25     $12,167,120    Texas A&M University--Corpus Christi; Texas A&M
6-26                    International University; Texas A&M
6-27                    University--Kingsville; West Texas A&M University;
 7-1                    and
 7-2     $ 3,850,000    Texas State Technical College System Administration
 7-3                    and the following component campuses, but not its
 7-4                    extension centers or programs: Texas State Technical
 7-5                    College-Amarillo;  Texas State Technical
 7-6                    College-Harlingen; Texas State Technical
 7-7                    College-Sweetwater; Texas State Technical
 7-8                    College--Waco.
 7-9           SECTION 6.  Section 54.060(h), Education Code, is repealed.
7-10           SECTION 7.  The importance of this legislation and the
7-11     crowded condition of the calendars in both houses create an
7-12     emergency and an imperative public necessity that the
7-13     constitutional rule requiring bills to be read on three several
7-14     days in each house be suspended, and this rule is hereby suspended,
7-15     and that this Act take effect and be in force from and after its
7-16     passage, and it is so enacted.