1-1 By: Lewis of Orange, et al. (Senate Sponsor-Bernsen) H.B. No. 1297
1-2 (In the Senate - Received from the House April 9, 1999;
1-3 April 12, 1999, read first time and referred to Committee on
1-4 Education; May 6, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 May 6, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1297 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to changing the names of Lamar University at Orange, Lamar
1-11 University at Port Arthur, and Lamar University Institute of
1-12 Technology.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 96.703, Education Code, is amended to
1-15 read as follows:
1-16 Sec. 96.703. LAMAR [UNIVERSITY] INSTITUTE OF TECHNOLOGY.
1-17 (a) The board shall establish and maintain an educational center
1-18 of Lamar University as a separate degree-granting institution to be
1-19 known as Lamar [University] Institute of Technology.
1-20 (b) The primary purpose of the institute is to teach
1-21 technical and vocational courses and related supporting courses.
1-22 The board may confer degrees appropriate to the institute's
1-23 curriculum.
1-24 SECTION 2. Section 96.704, Education Code, is amended to
1-25 read as follows:
1-26 Sec. 96.704. LAMAR STATE COLLEGE--PORT ARTHUR AND LAMAR
1-27 STATE COLLEGE--ORANGE [EDUCATIONAL CENTERS AT PORT ARTHUR AND
1-28 ORANGE]. (a) The board shall establish and maintain coeducational
1-29 lower-division institutions of higher education as separate
1-30 accredited degree-granting institutions in the counties of
1-31 Jefferson and Orange, to be known as Lamar State
1-32 College--[University at] Port Arthur and Lamar State
1-33 College--[University at] Orange, to teach only freshman- and
1-34 sophomore-level courses.
1-35 (b) The board may acquire, construct, or otherwise make
1-36 provision for adequate physical facilities for use by Lamar State
1-37 College--[University at] Port Arthur and Lamar State
1-38 College--[University at] Orange and may accept and administer, on
1-39 terms and conditions satisfactory to the board, grants or gifts of
1-40 money or property tendered by any reason for the use and benefit of
1-41 the school.
1-42 (c) The board with approval of the Texas Higher Education
1-43 Coordinating Board may prescribe courses leading to customary
1-44 degrees. The board may make other rules and regulations for the
1-45 operation, control, and management of Lamar State
1-46 College--[University at] Port Arthur and Lamar State
1-47 College--[University at] Orange as are necessary for each
1-48 institution to be a first-class institution for freshman and
1-49 sophomore students.
1-50 (d) Nothing in this section shall be construed to limit the
1-51 powers of the board as conferred by law.
1-52 (e) For Lamar State College--[University at] Port Arthur and
1-53 Lamar State College--[University at] Orange, the board may expend
1-54 funds allocated to Lamar University under Chapter 62 for any of the
1-55 purposes listed in Section 17, Article VII, Texas Constitution, in
1-56 the same manner and under the same circumstances as expenditures
1-57 for those purposes for other separate degree-granting institutions.
1-58 (f) A reference in state law to Lamar University at Port
1-59 Arthur means Lamar State College--Port Arthur. A reference in
1-60 state law to Lamar University at Orange means Lamar State
1-61 College--Orange.
1-62 SECTION 3. Sections 54.060(a), (e), and (g), Education Code,
1-63 are amended to read as follows:
1-64 (a) The nonresident tuition fee prescribed by this chapter
2-1 does not apply to a nonresident student who is a resident of
2-2 Arkansas, Louisiana, New Mexico, or Oklahoma and who registers in a
2-3 public upper-level institution of higher education, Lamar State
2-4 College--Orange, Lamar State College--Port Arthur, a [two-year
2-5 institution in the Lamar University System,] Texas public junior
2-6 college, or a public technical institute that is situated in a
2-7 county immediately adjacent to the state in which the nonresident
2-8 student resides. The nonresident tuition fee prescribed by this
2-9 chapter does not apply to a nonresident student who is a resident
2-10 of New Mexico or Oklahoma and who registers in a public technical
2-11 institute that is situated in a county that is within 100 miles of
2-12 the state in which the nonresident student resides and who is
2-13 admitted for the purpose of utilizing available instructional
2-14 facilities. The nonresident student described in this subsection
2-15 shall pay an amount equivalent to the amount charged a Texas
2-16 student registered at a similar school in the state in which the
2-17 nonresident student resides. For purposes of this subsection,
2-18 "public upper-level institution of higher education" means an
2-19 institution of higher education that offers only junior-level and
2-20 senior-level courses or only junior-level, senior-level, and
2-21 graduate-level courses.
2-22 (e) The payment of resident tuition at Lamar State
2-23 College--Orange, Lamar State College--Port Arthur, [a two-year
2-24 institution in the Lamar University System] or a public technical
2-25 institute as authorized by Subsection (a) of this section or at an
2-26 institution of higher education as authorized by Subsection (f)
2-27 does not affect the constitutionally dedicated funding to which
2-28 institutions of higher education are entitled under Article VII,
2-29 Section 17, of the Texas Constitution.
2-30 (g) In this section, "public[:]
2-31 [(1) "Public] technical institute" has the meaning
2-32 assigned by Section 61.003 of this code.
2-33 [(2) "Two-year institution in the Lamar University
2-34 System" means:]
2-35 [(A) Lamar University at Orange;]
2-36 [(B) Lamar University at Port Arthur; or]
2-37 [(C) the Lamar University Institute of
2-38 Technology in Beaumont.]
2-39 SECTION 4. Section 55.1724(a), Education Code, is amended to
2-40 read as follows:
2-41 (a) In addition to the other authority granted by this
2-42 subchapter, the board of regents of the Texas State University
2-43 System may acquire, purchase, construct, improve, renovate,
2-44 enlarge, or equip property, buildings, structures, facilities,
2-45 roads, or related infrastructure for the following institutions to
2-46 be financed by the issuance of bonds in accordance with this
2-47 subchapter and in accordance with a systemwide revenue financing
2-48 program adopted by the board in aggregate principal amounts not to
2-49 exceed the following:
2-50 (1) Angelo State University, $20 million;
2-51 (2) Lamar University--Beaumont, $8 million;
2-52 (3) Lamar [University] Institute of Technology, $2
2-53 million;
2-54 (4) Lamar State College [University]--Orange, $3.5
2-55 million;
2-56 (5) Lamar State College [University]--Port Arthur,
2-57 $2.75 million;
2-58 (6) Sam Houston State University, $7.5 million;
2-59 (7) Southwest Texas State University, $19.7 million;
2-60 and
2-61 (8) Sul Ross State University, $17.5 million.
2-62 SECTION 5. Section 61.003, Education Code, is amended by
2-63 amending Subdivisions (3), (7), and (8) and by adding Subdivision
2-64 (16) to read as follows:
2-65 (3) "General academic teaching institution" means The
2-66 University of Texas at Austin; The University of Texas at El Paso;
2-67 The University of Texas of the Permian Basin; The University of
2-68 Texas at Dallas; The University of Texas at San Antonio; Texas A&M
2-69 University, Main University; The University of Texas at Arlington;
3-1 Tarleton State University; Prairie View A&M University; Texas
3-2 Maritime Academy; Texas Tech University; University of North Texas;
3-3 Lamar University; Lamar State College--Orange; Lamar State
3-4 College--Port Arthur; Texas A&M University--Kingsville; Texas A&M
3-5 University--Corpus Christi; Texas Woman's University; Texas
3-6 Southern University; Midwestern State University; University of
3-7 Houston; University of Texas--Pan American; The University of Texas
3-8 at Brownsville; Texas A&M University--Commerce; Sam Houston State
3-9 University; Southwest Texas State University; West Texas A&M
3-10 University; Stephen F. Austin State University; Sul Ross State
3-11 University; Angelo State University; The University of Texas at
3-12 Tyler; and any other college, university, or institution so
3-13 classified as provided in this chapter or created and so
3-14 classified, expressly or impliedly, by law.
3-15 (7) "Public technical institute" means the Lamar
3-16 Institute of Technology or the Texas State Technical College
3-17 System.
3-18 (8) "Institution of higher education" means any public
3-19 technical institute, public junior college, public senior college
3-20 or university, medical or dental unit, public state college, or
3-21 other agency of higher education as defined in this section.
3-22 (16) "Public state college" means Lamar State
3-23 College--Orange, Lamar State College--Port Arthur, or the Lamar
3-24 Institute of Technology.
3-25 SECTION 6. Section 54.060(h), Education Code, is repealed.
3-26 SECTION 7. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
3-28 emergency and an imperative public necessity that the
3-29 constitutional rule requiring bills to be read on three several
3-30 days in each house be suspended, and this rule is hereby suspended,
3-31 and that this Act take effect and be in force from and after its
3-32 passage, and it is so enacted.
3-33 * * * * *