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.
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