1-1 AN ACT
1-2 relating to the revenues of public institutions of higher education
1-3 and to the issuance of revenue bonds to fund capital projects at
1-4 those institutions.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 51.008, Education Code, is amended by
1-7 adding Subsection (h) to read as follows:
1-8 (h) Tuition revenues and revenue collected under Section
1-9 34.017, Natural Resources Code, that are deposited in the treasury
1-10 pursuant to this section, and the interest earned on those
1-11 revenues, shall be treated as designated funds in the general
1-12 revenue fund. Notwithstanding a pledge of those revenues made or
1-13 to be made in the proceedings approved by the governing board of an
1-14 institution of higher education authorizing the issuance or
1-15 incurrence of bonds, the deposit of those revenues in the treasury
1-16 to the credit of an account in the general revenue fund does not:
1-17 (1) affect in any manner the pledge of the revenues or
1-18 the governing board's ability to pledge the revenues to secure and
1-19 pay bonds issued or incurred by the governing board in accordance
1-20 with law;
1-21 (2) cause the bonds to constitute a debt of the state
1-22 or be payable from the full faith and credit of the state;
1-23 (3) change the character of the revenues as separate
1-24 revenue of the institution collecting the revenue; or
2-1 (4) cause the revenue to be considered general revenue
2-2 for purposes of Sections 17 and 18, Article VII, Texas
2-3 Constitution.
2-4 SECTION 2. Section 55.16, Education Code, is amended to read
2-5 as follows:
2-6 Sec. 55.16. BOARD RESPONSIBILITY. (a) Each board shall be
2-7 authorized to fix and collect rentals, rates, and charges from
2-8 students and others for the occupancy, services, use, and/or
2-9 availability of all or any of its property, buildings, structures,
2-10 activities, operations, or other facilities as provided by this
2-11 section [, in such amounts and in such manner as may be determined
2-12 by the board].
2-13 (b) Unless expressly provided by law that specified money
2-14 under the control of a board is not considered revenue funds, a
2-15 provision of this title or another law that limits the purposes for
2-16 which money under the control of the board may be spent does not
2-17 impair the board's authority to pledge and use any revenue or money
2-18 under the board's control to secure or pay obligations of the board
2-19 under this chapter or other law.
2-20 (c) A board shall fix each rental, rate, charge, or fee that
2-21 the board is authorized by this title to fix in an amount the board
2-22 determines necessary to pay or provide, for each activity or
2-23 service for which the rental, rate, charge, or fee is imposed, all
2-24 associated capital costs, including debt service, operation and
2-25 maintenance costs, including associated overhead costs of a system
2-26 or institution, and prudent reserves. Except as otherwise provided
2-27 by Subsection (e), this section does not authorize a board to
3-1 impose a rental, rate, charge, or fee in an amount that exceeds any
3-2 applicable limit imposed by another provision of this title.
3-3 (d) For billing and reporting purposes, a governing board
3-4 may accumulate all mandatory fees or charges authorized by this
3-5 section or by Chapter 54 as a separate facilities and services
3-6 charge.
3-7 (e) If bonds have been or are issued pursuant to this title,
3-8 or secured or to be secured by a pledge of part or all of the
3-9 board's revenue funds, and if, at the time of authorizing the
3-10 issuance of the bonds, (1) the estimated maximum amount per
3-11 semester hour of such pledged revenue funds (based on then current
3-12 enrollment and conditions) during any future semester necessary to
3-13 provide for the payment of the principal of and interest on the
3-14 bonds when due, together with (2) the aggregate amount of all such
3-15 pledged revenue funds which were levied on a semester hour basis
3-16 for the then current semester to pay the principal of and interest
3-17 on all previously issued bonds, do not exceed the amount permitted
3-18 by this title, then any necessary fees, tuition, rentals, rates, or
3-19 other charges constituting revenue funds shall be levied and
3-20 collected when and to the extent required by the resolution
3-21 authorizing the issuance of the bonds in any amount required to
3-22 provide revenue funds sufficient for the payment of the principal
3-23 of and interest on the bonds, regardless of any other provision or
3-24 limitation provided by this title.
3-25 (f) [(b)] A board is not required to charge students
3-26 enrolled in different degree programs at the institution the same
3-27 rentals, rates, charges, and fees under this section.
4-1 SECTION 3. Subchapter B, Chapter 55, Education Code, is
4-2 amended by adding Sections 55.1731, 55.1732, 55.1733, 55.1734,
4-3 55.1735, 55.1736, 55.1737, 55.1738, 55.1739, 55.17391, and 55.17392
4-4 to read as follows:
4-5 Sec. 55.1731. THE TEXAS A&M UNIVERSITY SYSTEM; ADDITIONAL
4-6 BONDS. (a) In addition to the other authority granted by this
4-7 subchapter, the board of regents of The Texas A&M University System
4-8 may issue in accordance with this subchapter and in accordance with
4-9 a systemwide revenue financing program adopted by the board bonds
4-10 for the following institutions not to exceed the following
4-11 aggregate principal amounts to finance projects specified as
4-12 follows:
4-13 (1) Prairie View A&M University:
4-14 (A) $53 million to construct or renovate
4-15 engineering facilities, construct and renovate an architecture
4-16 building, and carry out other campus renovations; and
4-17 (B) $15 million to construct a juvenile justice
4-18 and psychology building;
4-19 (2) Tarleton State University, $18.7 million for a
4-20 library addition and renovation of a mathematics building;
4-21 (3) Texas A&M University--Commerce, $14,960,000 to
4-22 replace a science building wing;
4-23 (4) Texas A&M University--Corpus Christi, $34 million
4-24 to construct a classroom and laboratory facility and for
4-25 construction of the Harte Research Center;
4-26 (5) Texas A&M International University, $21,620,000 to
4-27 construct a science building (Phase IV);
5-1 (6) Texas A&M University at Galveston, $10,030,000 to
5-2 construct an engineering building;
5-3 (7) Texas A&M University--Kingsville, $20,060,000 to
5-4 construct facilities for a pharmacy school and to construct a
5-5 student services building;
5-6 (8) Texas A&M University--Texarkana, $17 million to
5-7 construct a health science building and for library renovation;
5-8 (9) West Texas A&M University, $22,780,000 to
5-9 construct a fine arts complex; and
5-10 (10) The Texas A&M University Health Science Center,
5-11 $14.3 million for construction of classroom and faculty office
5-12 facilities for the School of Rural Public Health.
5-13 (b) The board may pledge irrevocably to the payment of those
5-14 bonds all or any part of the revenue funds of an institution,
5-15 branch, or entity of The Texas A&M University System, including
5-16 student tuition charges. The amount of a pledge made under this
5-17 subsection may not be reduced or abrogated while the bonds for
5-18 which the pledge is made, or bonds issued to refund those bonds,
5-19 are outstanding.
5-20 (c) If sufficient funds are not available to the board to
5-21 meet its obligations under this section, the board may transfer
5-22 funds among institutions, branches, and entities of The Texas A&M
5-23 University System to ensure the most equitable and efficient
5-24 allocation of available resources for each institution, branch, or
5-25 entity to carry out its duties and purposes.
5-26 (d) Any portion of the proceeds of bonds authorized by this
5-27 section for one or more specified projects at an institution that
6-1 is not required for the specified projects may be used to renovate
6-2 existing structures and facilities at the institution.
6-3 (e) The bonds authorized by Subsection (a)(1)(B) for Prairie
6-4 View A&M University may not be issued before March 1, 2003.
6-5 Sec. 55.1732. THE UNIVERSITY OF TEXAS SYSTEM; ADDITIONAL
6-6 BONDS. (a) In addition to the other authority granted by this
6-7 subchapter, the board of regents of The University of Texas System
6-8 may issue in accordance with this subchapter and in accordance with
6-9 a systemwide revenue financing program adopted by the board bonds
6-10 for the following institutions not to exceed the following
6-11 aggregate principal amounts to finance projects specified as
6-12 follows:
6-13 (1) The University of Texas at Arlington, $16,635,945
6-14 to construct a science building;
6-15 (2) The University of Texas at Brownsville,
6-16 $26,010,000 to construct a life and health science and education
6-17 facility (Phase II) and to procure and install permanent equipment
6-18 and other fixtures in the facility;
6-19 (3) The University of Texas at Dallas, $21,993,750 to
6-20 renovate Founders Hall, Founders Annex, and Berkner Hall;
6-21 (4) The University of Texas at El Paso, $12,750,000 to
6-22 construct a biomedical and health sciences research center;
6-23 (5) The University of Texas--Pan American, $29,950,000
6-24 for education complex, library, and multipurpose center renovation
6-25 and construction;
6-26 (6) The University of Texas of the Permian Basin,
6-27 $5,610,000 for integrated Mesa Building renovations and gymnasium
7-1 renovations;
7-2 (7) The University of Texas at San Antonio,
7-3 $22,950,000 to construct a science building on the main campus;
7-4 (8) The University of Texas at Tyler, $20,910,000 to
7-5 construct an engineering, sciences, and technology building and
7-6 make other physical plant improvements;
7-7 (9) The University of Texas Southwestern Medical
7-8 Center at Dallas, $40 million for North Campus phase IV
7-9 construction;
7-10 (10) The University of Texas Medical Branch at
7-11 Galveston, $20 million to renovate and expand research facilities;
7-12 (11) The University of Texas Health Science Center at
7-13 Houston, $19,550,000 to construct a classroom building;
7-14 (12) The University of Texas Health Science Center at
7-15 San Antonio, $28.9 million to construct a facility for student
7-16 services and academic administration and to construct and develop a
7-17 facility at the Laredo Extension Campus for educational and
7-18 administrative purposes;
7-19 (13) the Regional Academic Health Center established
7-20 under Section 74.611, $25.5 million to construct a teaching and
7-21 learning laboratory in or near the city of Harlingen;
7-22 (14) The University of Texas Health Center at Tyler,
7-23 $11,513,250 to construct a biomedical research center addition; and
7-24 (15) The University of Texas M. D. Anderson Cancer
7-25 Center, $20 million to construct a basic sciences research
7-26 building.
7-27 (b) The board may pledge irrevocably to the payment of those
8-1 bonds all or any part of the revenue funds of an institution,
8-2 branch, or entity of The University of Texas System, including
8-3 student tuition charges. The amount of a pledge made under this
8-4 subsection may not be reduced or abrogated while the bonds for
8-5 which the pledge is made, or bonds issued to refund those bonds,
8-6 are outstanding.
8-7 (c) If sufficient funds are not available to the board to
8-8 meet its obligations under this section, the board may transfer
8-9 funds among institutions, branches, and entities of The University
8-10 of Texas System to ensure the most equitable and efficient
8-11 allocation of available resources for each institution, branch, or
8-12 entity to carry out its duties and purposes.
8-13 (d) Any portion of the proceeds of bonds authorized by this
8-14 section for one or more specified projects at an institution that
8-15 is not required for the specified projects may be used to renovate
8-16 existing structures and facilities at the institution.
8-17 Sec. 55.1733. THE UNIVERSITY OF HOUSTON SYSTEM; ADDITIONAL
8-18 BONDS. (a) In addition to the other authority granted by this
8-19 subchapter, the board of regents of the University of Houston
8-20 System may issue in accordance with this subchapter and in
8-21 accordance with a systemwide revenue financing program adopted by
8-22 the board bonds for the following institutions not to exceed the
8-23 following aggregate principal amounts to finance projects specified
8-24 as follows:
8-25 (1) the University of Houston, $51 million to
8-26 construct science and engineering research and classroom
8-27 facilities;
9-1 (2) the University of Houston--Downtown, $18,232,500
9-2 to construct a classroom building;
9-3 (3) the University of Houston--Clear Lake, $30,918,750
9-4 to construct a student services and classroom building; and
9-5 (4) the University of Houston--Victoria, $2,805,000 to
9-6 remodel the University West facility, acquire and renovate a
9-7 facility services building, and renovate and expand a facility for
9-8 the center for community initiatives.
9-9 (b) The board may pledge irrevocably to the payment of those
9-10 bonds all or any part of the revenue funds of an institution,
9-11 branch, or entity of the University of Houston System, including
9-12 student tuition charges. The amount of a pledge made under this
9-13 subsection may not be reduced or abrogated while the bonds for
9-14 which the pledge is made, or bonds issued to refund those bonds,
9-15 are outstanding.
9-16 (c) If sufficient funds are not available to the board to
9-17 meet its obligations under this section, the board may transfer
9-18 funds among institutions, branches, and entities of the University
9-19 of Houston System to ensure the most equitable and efficient
9-20 allocation of available resources for each institution, branch, or
9-21 entity to carry out its duties and purposes.
9-22 (d) Any portion of the proceeds of bonds authorized by this
9-23 section for one or more specified projects at an institution that
9-24 is not required for the specified projects may be used to renovate
9-25 existing structures and facilities at the institution.
9-26 Sec. 55.1734. TEXAS STATE UNIVERSITY SYSTEM; ADDITIONAL
9-27 BONDS. (a) In addition to the other authority granted by this
10-1 subchapter, the board of regents of the Texas State University
10-2 System may issue in accordance with this subchapter and in
10-3 accordance with a systemwide revenue financing program adopted by
10-4 the board bonds for the following institutions not to exceed the
10-5 following aggregate principal amounts to finance projects specified
10-6 as follows:
10-7 (1) Angelo State University, $16,917,550 to expand and
10-8 renovate institutional facilities;
10-9 (2) Lamar University--Beaumont, $21,792,096 to
10-10 renovate and repair campus buildings;
10-11 (3) Lamar Institute of Technology, $5,301,960 to
10-12 renovate Gentry Hall and convert it to classroom and laboratory
10-13 use;
10-14 (4) Lamar State College--Orange, $2,125,000 for campus
10-15 landscaping, renovation of the old library for physical plant
10-16 purposes, renovation of the Main Building and Electronics Commerce
10-17 Resource Center, and demolition of the old physical plant building;
10-18 (5) Lamar State College--Port Arthur, $7,650,000 to
10-19 construct a performing arts and classroom building and to expand
10-20 the Gates Memorial Library and develop an adjacent plaza;
10-21 (6) Sam Houston State University, $18 million to
10-22 renovate and expand the Farrington Building;
10-23 (7) Southwest Texas State University, $18,436,500 to
10-24 construct a business building; and
10-25 (8) Sul Ross State University, $15,175,000 to renovate
10-26 and expand the range animal science facility and science building
10-27 annex and to carry out other building renovations.
11-1 (b) The board may pledge irrevocably to the payment of those
11-2 bonds all or any part of the revenue funds of an institution,
11-3 branch, or entity of the Texas State University System, including
11-4 student tuition charges. The amount of a pledge made under this
11-5 subsection may not be reduced or abrogated while the bonds for
11-6 which the pledge is made, or bonds issued to refund those bonds,
11-7 are outstanding.
11-8 (c) If sufficient funds are not available to the board to
11-9 meet its obligations under this section, the board may transfer
11-10 funds among institutions, branches, and entities of the Texas State
11-11 University System to ensure the most equitable and efficient
11-12 allocation of available resources for each institution, branch, or
11-13 entity to carry out its duties and purposes.
11-14 (d) Any portion of the proceeds of bonds authorized by this
11-15 section for one or more specified projects at an institution that
11-16 is not required for the specified projects may be used to renovate
11-17 existing structures and facilities at the institution.
11-18 Sec. 55.1735. UNIVERSITY OF NORTH TEXAS SYSTEM; ADDITIONAL
11-19 BONDS. (a) In addition to the other authority granted by this
11-20 subchapter, the board of regents of the University of North Texas
11-21 System may issue in accordance with this subchapter and in
11-22 accordance with a systemwide revenue financing program adopted by
11-23 the board bonds for the following institutions not to exceed the
11-24 following aggregate principal amounts to finance projects specified
11-25 as follows:
11-26 (1) the University of North Texas, $52,933,750 to
11-27 construct a science building and to develop the campus and
12-1 facilities of the University of North Texas at Dallas; and
12-2 (2) the University of North Texas Health Science
12-3 Center at Fort Worth, $27.5 million to construct a biotechnology
12-4 center and school of public health building.
12-5 (b) The board may pledge irrevocably to the payment of those
12-6 bonds all or any part of the revenue funds of the University of
12-7 North Texas or the University of North Texas Health Science Center
12-8 at Fort Worth, including student tuition charges. The amount of a
12-9 pledge made under this subsection may not be reduced or abrogated
12-10 while the bonds for which the pledge is made, or bonds issued to
12-11 refund those bonds, are outstanding.
12-12 (c) If sufficient funds are not available to the board to
12-13 meet its obligations under this section, the board may transfer
12-14 funds between the University of North Texas and the University of
12-15 North Texas Health Science Center at Fort Worth to ensure the most
12-16 equitable and efficient allocation of available resources for the
12-17 University of North Texas and the University of North Texas Health
12-18 Science Center at Fort Worth to carry out their duties and
12-19 purposes.
12-20 (d) Any portion of the proceeds of bonds authorized by this
12-21 section for one or more specified projects at an institution that
12-22 is not required for the specified projects may be used to renovate
12-23 existing structures and facilities at the institution.
12-24 (e) The board may not issue bonds under Subsection (a)(1)
12-25 for the University of North Texas at Dallas before September 1,
12-26 2003.
12-27 Sec. 55.1736. TEXAS WOMAN'S UNIVERSITY. (a) In addition to
13-1 the other authority granted by this subchapter, the board of
13-2 regents of Texas Woman's University may issue bonds in accordance
13-3 with this subchapter in the aggregate principal amount not to
13-4 exceed $25,797,500 to finance the renovation of academic and
13-5 administrative buildings at Texas Woman's University.
13-6 (b) The board may pledge irrevocably to the payment of those
13-7 bonds all or any part of the revenue funds of Texas Woman's
13-8 University, including student tuition charges. The amount of a
13-9 pledge made under this subsection may not be reduced or abrogated
13-10 while the bonds for which the pledge is made, or bonds issued to
13-11 refund those bonds, are outstanding.
13-12 (c) Any portion of the proceeds of bonds authorized by this
13-13 section for one or more specified projects that is not required for
13-14 the specified projects may be used to renovate existing structures
13-15 and facilities at the institution.
13-16 Sec. 55.1737. MIDWESTERN STATE UNIVERSITY; ADDITIONAL BONDS.
13-17 (a) In addition to the other authority granted by this subchapter,
13-18 the board of regents of Midwestern State University may issue in
13-19 accordance with this subchapter bonds not to exceed $8,967,500 to
13-20 finance campus improvements at Midwestern State University.
13-21 (b) The board may pledge irrevocably to the payment of those
13-22 bonds all or any part of the revenue funds of Midwestern State
13-23 University, including student tuition charges. The amount of a
13-24 pledge made under this subsection may not be reduced or abrogated
13-25 while the bonds for which the pledge is made, or bonds issued to
13-26 refund those bonds, are outstanding.
13-27 (c) Any portion of the proceeds of bonds authorized by this
14-1 section for one or more specified projects that is not required for
14-2 the specified projects may be used to renovate existing structures
14-3 and facilities at the institution.
14-4 Sec. 55.1738. STEPHEN F. AUSTIN STATE UNIVERSITY. (a) In
14-5 addition to the other authority granted by this subchapter, the
14-6 board of regents of Stephen F. Austin State University may issue in
14-7 accordance with this subchapter bonds not to exceed $14,070,000 to
14-8 finance campus infrastructure improvements, the construction of a
14-9 telecommunications building, the renovation of power plant
14-10 facilities, and the replacement or renovation of the Birdwell
14-11 Building at Stephen F. Austin State University.
14-12 (b) The board may pledge irrevocably to the payment of those
14-13 bonds all or any part of the revenue funds of Stephen F. Austin
14-14 State University, including student tuition charges. The amount of
14-15 a pledge made under this subsection may not be reduced or abrogated
14-16 while the bonds for which the pledge is made, or bonds issued to
14-17 refund those bonds, are outstanding.
14-18 (c) Any portion of the proceeds of bonds authorized by this
14-19 section for one or more specified projects that is not required for
14-20 the specified projects may be used to renovate existing structures
14-21 and facilities at the institution.
14-22 Sec. 55.1739. TEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL
14-23 BONDS. (a) In addition to the other authority granted by this
14-24 subchapter, the board of regents of the Texas Tech University
14-25 System may issue in accordance with this subchapter and in
14-26 accordance with a systemwide revenue financing program adopted by
14-27 the board bonds for the following institutions not to exceed the
15-1 following aggregate principal amounts for projects specified as
15-2 follows:
15-3 (1) Texas Tech University, $23,647,000 to construct an
15-4 experimental science research facility; and
15-5 (2) Texas Tech University Health Sciences Center,
15-6 $66,882,525 to construct a clinical and research facility in the
15-7 city of Lubbock and to construct facilities to support the center's
15-8 educational programs in the city of El Paso.
15-9 (b) The board may pledge irrevocably to the payment of those
15-10 bonds all or any part of the revenue funds of Texas Tech University
15-11 or the Texas Tech University Health Sciences Center, including
15-12 student tuition charges. The amount of a pledge made under this
15-13 subsection may not be reduced or abrogated while the bonds for
15-14 which the pledge is made, or bonds issued to refund those bonds,
15-15 are outstanding.
15-16 (c) If sufficient funds are not available to the board to
15-17 meet its obligations under this section, the board may transfer
15-18 funds between Texas Tech University and the Texas Tech University
15-19 Health Sciences Center to ensure the most equitable and efficient
15-20 allocation of available resources for Texas Tech University and the
15-21 Texas Tech University Health Sciences Center to carry out their
15-22 duties and purposes.
15-23 (d) Any portion of the proceeds of bonds authorized by this
15-24 section for one or more specified projects at an institution that
15-25 is not required for the specified projects may be used to renovate
15-26 existing structures and facilities at the institution.
15-27 Sec. 55.17391. TEXAS SOUTHERN UNIVERSITY; ADDITIONAL BONDS.
16-1 (a) In addition to other authority granted by this subchapter, the
16-2 board of regents of Texas Southern University may issue in
16-3 accordance with this subchapter bonds not to exceed $79 million to
16-4 finance the construction of a science building, the construction of
16-5 a building for the school of public affairs, the renovation of
16-6 campus facilities, including electrical and piping systems, and
16-7 campus landscaping.
16-8 (b) The board may pledge irrevocably to the payment of those
16-9 bonds all or any part of the revenue funds of Texas Southern
16-10 University, including student tuition charges required or
16-11 authorized by law to be imposed on students enrolled at the
16-12 university. The amount of a pledge made under this subsection may
16-13 not be reduced or abrogated while the bonds for which the pledge is
16-14 made, or bonds issued to refund those bonds, are outstanding.
16-15 (c) Any portion of the proceeds of bonds authorized by this
16-16 section for one or more specified projects that is not required for
16-17 the specified projects may be used to renovate existing structures
16-18 and facilities at the institution.
16-19 (d) Of the bonds authorized by Subsection (a), $14.5 million
16-20 may not be issued before March 1, 2003, and may be used only to
16-21 finance campus renovations.
16-22 Sec. 55.17392. TEXAS STATE TECHNICAL COLLEGE SYSTEM. (a)
16-23 The board of regents of the Texas State Technical College System
16-24 may issue in accordance with this subchapter and in accordance with
16-25 a systemwide revenue financing program adopted by the board bonds
16-26 for the following institutions not to exceed the following
16-27 aggregate principal amounts for projects specified as follows:
17-1 (1) Texas State Technical College--Harlingen, $3.4
17-2 million to construct a facility for a learning resource center and
17-3 distance learning center;
17-4 (2) Texas State Technical College--Marshall,
17-5 $1,785,000 to construct a facility for a library and administrative
17-6 activities;
17-7 (3) Texas State Technical College--Waco, $3.4 million
17-8 to renovate the industrial technology center; and
17-9 (4) Texas State Technical College--West Texas,
17-10 $2,295,000 to construct a transportation technologies building.
17-11 (b) The board may pledge irrevocably to the payment of those
17-12 bonds all or any part of the revenue funds of an institution,
17-13 branch, or entity of the Texas State Technical College System,
17-14 including student tuition charges. The amount of a pledge made
17-15 under this subsection may not be reduced or abrogated while the
17-16 bonds for which the pledge is made, or bonds issued to refund those
17-17 bonds, are outstanding.
17-18 (c) If sufficient funds are not available to the board to
17-19 meet its obligations under this section, the board may transfer
17-20 funds among institutions, branches, and entities of the Texas State
17-21 Technical College System to ensure the most equitable and efficient
17-22 allocation of available resources for each institution, branch, or
17-23 entity to carry out its duties and purposes.
17-24 (d) Any portion of the proceeds of bonds authorized by this
17-25 section for one or more specified projects at an institution that
17-26 is not required for the specified projects may be used to renovate
17-27 existing structures and facilities at the institution.
18-1 SECTION 4. (a) All acts and proceedings of each governing
18-2 board of an institution of higher education relating to the
18-3 establishment and collection of rates, rentals, charges, and fees
18-4 are validated as of the date the act or proceeding occurred.
18-5 (b) This section does not apply to an act or proceeding that
18-6 on the effective date of this Act:
18-7 (1) is involved in litigation that results in a final
18-8 judicial determination that the act or proceeding is invalid; or
18-9 (2) has been held to be invalid by a final judgment of
18-10 a court.
18-11 (c) In this section:
18-12 (1) "Governing board" means a governing board as
18-13 defined by Section 55.01, Education Code, and includes the
18-14 governing body of a public junior college.
18-15 (2) "Institution of higher education" has the meaning
18-16 assigned by Section 61.003, Education Code.
18-17 SECTION 5. This Act takes effect immediately if it receives
18-18 a vote of two-thirds of all the members elected to each house, as
18-19 provided by Section 39, Article III, Texas Constitution. If this
18-20 Act does not receive the vote necessary for immediate effect, this
18-21 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 658 was passed by the House on May 2,
2001, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 658 on May 21, 2001, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 658 on May 26, 2001, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 658 was passed by the Senate, with
amendments, on May 17, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting; at the request of the House, the Senate
appointed a conference committee to consider the differences
between the two houses; and that the Senate adopted the conference
committee report on H.B. No. 658 on May 26, 2001, by the following
vote: Yeas 30, Nays 0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor