1-1     By:  Junell, et al. (Senate Sponsor - Ellis)           H.B. No. 658
 1-2           (In the Senate - Received from the House May 3, 2001;
 1-3     May 4, 2001, read first time and referred to Committee on Finance;
 1-4     May 11, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 11, Nays 0; May 11, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 658                    By:  Ellis
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the revenues of public institutions of higher education
1-11     and to the issuance of revenue bonds to fund capital projects at
1-12     those institutions.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1. Section 51.008, Education Code, is amended by
1-15     adding Subsection (h) to read as follows:
1-16           (h)  Tuition revenue and revenue collected under Section
1-17     34.017, Natural Resources Code, shall be deposited in the treasury
1-18     and be treated as designated funds in the general revenue fund.
1-19     Notwithstanding a pledge of that revenue made or to be made in the
1-20     proceedings approved by the governing board of an institution of
1-21     higher education authorizing the issuance or incurrence of bonds,
1-22     the deposit of the revenue in the treasury to the credit of an
1-23     account in the general revenue fund does not:
1-24                 (1)  affect the pledge of the revenue or the governing
1-25     board's authority to pledge the revenue to secure or pay the
1-26     principal of or interest on bonds issued or incurred by the
1-27     governing board in accordance with law;
1-28                 (2)  cause the bonds to constitute a debt of the state
1-29     guaranteed by the full faith and credit of the state;
1-30                 (3)  change the character of the revenue as separate
1-31     revenue of the institution collecting the revenue; or
1-32                 (4)  cause the revenue to be considered general revenue
1-33     for purposes of Section 17 or 18, Article VII, Texas Constitution.
1-34           SECTION 2. Section 55.16, Education Code, is amended to read
1-35     as follows:
1-36           Sec. 55.16.  BOARD RESPONSIBILITY. (a)  Each board shall be
1-37     authorized to fix and collect rentals, rates, and charges from
1-38     students and others for the occupancy, services, use, and/or
1-39     availability of all or any of its property, buildings, structures,
1-40     activities, operations, or other facilities as provided by this
1-41     section [, in such amounts and in such manner as may be determined
1-42     by the board].
1-43           (b)  Unless expressly provided by law that specified money
1-44     under the control of a board is not considered revenue funds, a
1-45     provision of this title or another law that limits the purposes for
1-46     which money under the control of the board may be spent does not
1-47     impair the board's authority to pledge and use any revenue or money
1-48     under the board's control to secure or pay obligations of the board
1-49     under this chapter or other law.
1-50           (c)  A board shall fix each rental, rate, charge, or fee that
1-51     the board is authorized by this title to fix in an amount the board
1-52     determines necessary to pay or provide, for each activity or
1-53     service for which the rental, rate, charge, or fee is imposed, all
1-54     associated capital costs, including debt service, operation and
1-55     maintenance costs, including associated overhead costs of a system
1-56     or institution, and prudent reserves.  Except as otherwise provided
1-57     by Subsection (e), this section does not authorize a board to
1-58     impose a rental, rate, charge, or fee in an amount that exceeds any
1-59     applicable limit imposed by another provision of this title.
1-60           (d)  For billing and reporting purposes, a governing board
1-61     may accumulate all mandatory fees or charges authorized by this
1-62     section or by Chapter 54 as a separate facilities and services
1-63     charge.
1-64           (e)  If bonds have been or are issued pursuant to this title,
 2-1     or secured or to be secured by a pledge of part or all of the
 2-2     board's revenue funds, and if, at the time of authorizing the
 2-3     issuance of the bonds, (1) the estimated maximum amount per
 2-4     semester hour of such pledged revenue funds (based on then current
 2-5     enrollment and conditions) during any future semester necessary to
 2-6     provide for the payment of the principal of and interest on the
 2-7     bonds when due, together with (2) the aggregate amount of all such
 2-8     pledged revenue funds which were levied on a semester hour basis
 2-9     for the then current semester to pay the principal of and interest
2-10     on all previously issued bonds, do not exceed the amount permitted
2-11     by this title, then any necessary fees, tuition, rentals, rates, or
2-12     other charges constituting revenue funds shall be levied and
2-13     collected when and to the extent required by the resolution
2-14     authorizing the issuance of the bonds in any amount required to
2-15     provide revenue funds sufficient for the payment of the principal
2-16     of and interest on the bonds, regardless of any other provision or
2-17     limitation provided by this title.
2-18           (f) [(b)]  A board is not required to charge students
2-19     enrolled in different degree programs at the institution the same
2-20     rentals, rates, charges, and fees under this section.
2-21           SECTION 3. Subchapter B, Chapter 55, Education Code, is
2-22     amended by adding Sections 55.1731, 55.1732, 55.1733, 55.1734,
2-23     55.1735, 55.17351, 55.1736, 55.1737, 55.1738, 55.1739, 55.17391,
2-24     and 55.17392 to read as follows:
2-25           Sec. 55.1731.  THE TEXAS A&M UNIVERSITY SYSTEM; ADDITIONAL
2-26     BONDS. (a)  In addition to the other authority granted by this
2-27     subchapter, the board of regents of The Texas A&M University System
2-28     may issue in accordance with this subchapter and in accordance with
2-29     a systemwide revenue financing program adopted by the board bonds
2-30     for the following institutions not to exceed the following
2-31     aggregate principal amounts to finance projects specified as
2-32     follows:
2-33                 (1)  Prairie View A&M University:
2-34                       (A)  $12 million to construct or renovate
2-35     engineering facilities;
2-36                       (B)  $26 million to construct and renovate an
2-37     architecture building;
2-38                       (C)  $15 million for other campus renovations;
2-39     and
2-40                       (D)  $15 million to construct a juvenile justice
2-41     and psychology building;
2-42                 (2)  Tarleton State University, $19.8 million for a
2-43     library addition and renovation of a mathematics building;
2-44                 (3)  Texas A&M University--Commerce, $15,840,000 to
2-45     replace a science building wing;
2-46                 (4)  Texas A&M University--Corpus Christi, $36 million
2-47     to construct a classroom and laboratory facility and for
2-48     construction of the Harte Research Center;
2-49                 (5)  Texas A&M International University, $21,620,000 to
2-50     construct a science building (Phase IV);
2-51                 (6)  Texas A&M University at Galveston, $10,620,000 to
2-52     construct an engineering building;
2-53                 (7)  Texas A&M University--Kingsville:
2-54                       (A)  $11.6 million to construct facilities for a
2-55     pharmacy school; and
2-56                       (B)  $10.8 million to construct a student
2-57     services building;
2-58                 (8)  Texas A&M University--Texarkana, $18 million to
2-59     construct a health science building and for library renovation;
2-60                 (9)  West Texas A&M University, $24,120,000 to
2-61     construct a fine arts complex; and
2-62                 (10)  The Texas A&M University Health Science Center,
2-63     $12,870,000 for construction of classroom and faculty office
2-64     facilities for the School of Rural Public Health.
2-65           (b)  The board may pledge irrevocably to the payment of those
2-66     bonds all or any part of the revenue funds of an institution,
2-67     branch, or entity of The Texas A&M University System, including
2-68     student tuition charges.  The amount of a pledge made under this
2-69     subsection may not be reduced or abrogated while the bonds for
 3-1     which the pledge is made, or bonds issued to refund those bonds,
 3-2     are outstanding.
 3-3           (c)  If sufficient funds are not available to the board to
 3-4     meet its obligations under this section, the board may transfer
 3-5     funds among institutions, branches, and entities of The Texas A&M
 3-6     University System to ensure the most equitable and efficient
 3-7     allocation of available resources for each institution, branch, or
 3-8     entity to carry out its duties and purposes.
 3-9           (d)  Any portion of the proceeds of bonds authorized by this
3-10     section for one or more specified projects at an institution that
3-11     is not required for the specified projects may be used to renovate
3-12     existing structures and facilities at the institution.
3-13           (e)  The bonds authorized by Subsection (a)(1)(D) for Prairie
3-14     View A&M University may not be issued before March 1, 2003.
3-15           Sec. 55.1732.  THE UNIVERSITY OF TEXAS SYSTEM; ADDITIONAL
3-16     BONDS. (a)  In addition to the other authority granted by this
3-17     subchapter, the board of regents of The University of Texas System
3-18     may issue in accordance with this subchapter and in accordance with
3-19     a systemwide revenue financing program adopted by the board bonds
3-20     for the following institutions not to exceed the following
3-21     aggregate principal amounts to finance projects specified as
3-22     follows:
3-23                 (1)  The University of Texas at Arlington, $29,340,000
3-24     to construct a science building;
3-25                 (2)  The University of Texas at Brownsville,
3-26     $27,540,000 to construct a life and health science and education
3-27     facility (Phase II);
3-28                 (3)  The University of Texas at Dallas, $38,812,500 to
3-29     renovate Founders Hall, Founders Annex, and Berkner Hall;
3-30                 (4)  The University of Texas at El Paso, $22.5 million
3-31     to construct a biomedical and health sciences research center;
3-32                 (5)  The University of Texas--Pan American:
3-33                       (A)  $31.5 million for education complex,
3-34     library, and multipurpose center renovation and construction; and
3-35                       (B)  $5,850,000 for development of the Starr
3-36     County Upper Level Center;
3-37                 (6)  The University of Texas of the Permian Basin:
3-38                       (A)  $9 million for integrated Mesa Building
3-39     renovations; and
3-40                       (B)  $900,000 for gymnasium renovations;
3-41                 (7)  The University of Texas at San Antonio, $40.5
3-42     million to construct a science building on the main campus;
3-43                 (8)  The University of Texas at Tyler, $32.4 million to
3-44     construct an engineering, sciences, and technology building;
3-45                 (9)  The University of Texas Southwestern Medical
3-46     Center at Dallas, $40 million for North Campus phase IV
3-47     construction;
3-48                 (10)  The University of Texas Medical Branch at
3-49     Galveston, $18 million to renovate and expand research facilities;
3-50                 (11)  The University of Texas Health Science Center at
3-51     Houston, $20.7 million to construct a classroom building;
3-52                 (12)  The University of Texas Health Science Center at
3-53     San Antonio:
3-54                       (A)  $16.2 million to construct a facility for
3-55     student services and academic administration; and
3-56                       (B)  $14,400,000 to construct and develop a
3-57     facility at the Laredo Extension Campus for educational and
3-58     administrative purposes;
3-59                 (13)  the Regional Academic Health Center established
3-60     under Section 74.611, $27 million to construct a teaching and
3-61     learning laboratory in or near the city of Harlingen;
3-62                 (14)  The University of Texas Health Center at Tyler,
3-63     $12,190,500 to construct a biomedical research center addition; and
3-64                 (15)  The University of Texas M. D. Anderson Cancer
3-65     Center, $18 million to construct a basic sciences research
3-66     building.
3-67           (b)  The board may pledge irrevocably to the payment of those
3-68     bonds all or any part of the revenue funds of an institution,
3-69     branch, or entity of The University of Texas System, including
 4-1     student tuition charges.  The amount of a pledge made under this
 4-2     subsection may not be reduced or abrogated while the bonds for
 4-3     which the pledge is made, or bonds issued to refund those bonds,
 4-4     are outstanding.
 4-5           (c)  If sufficient funds are not available to the board to
 4-6     meet its obligations under this section, the board may transfer
 4-7     funds among institutions, branches, and entities of The University
 4-8     of Texas System to ensure the most equitable and efficient
 4-9     allocation of available resources for each institution, branch, or
4-10     entity to carry out its duties and purposes.
4-11           (d)  Any portion of the proceeds of bonds authorized by this
4-12     section for one or more specified projects at an institution that
4-13     is not required for the specified projects may be used to renovate
4-14     existing structures and facilities at the institution.
4-15           Sec. 55.1733.  THE UNIVERSITY OF HOUSTON SYSTEM; ADDITIONAL
4-16     BONDS. (a)  In addition to the other authority granted by this
4-17     subchapter, the board of regents of the University of Houston
4-18     System may issue in accordance with this subchapter and in
4-19     accordance with a systemwide revenue financing program adopted by
4-20     the board bonds  for the following institutions not to exceed the
4-21     following aggregate principal amounts to finance projects specified
4-22     as follows:
4-23                 (1)  the University of Houston, $54 million to
4-24     construct science and engineering research and classroom
4-25     facilities;
4-26                 (2)  the University of Houston--Downtown, $19,305,000
4-27     to construct a classroom building;
4-28                 (3)  the University of Houston--Clear Lake, $32,737,500
4-29     to construct a student services and classroom building; and
4-30                 (4)  the University of Houston--Victoria:
4-31                       (A)  $630,000 to remodel the University West
4-32     facility;
4-33                       (B)  $945,000 to acquire and renovate a facility
4-34     services building; and
4-35                       (C)  $1,215,000 to renovate and expand a facility
4-36     for the center for community initiatives.
4-37           (b)  The board may pledge irrevocably to the payment of those
4-38     bonds all or any part of the revenue funds of an institution,
4-39     branch, or entity of the University of Houston System, including
4-40     student tuition charges.  The amount of a pledge made under this
4-41     subsection may not be reduced or abrogated while the bonds for
4-42     which the pledge is made, or bonds issued to refund those bonds,
4-43     are outstanding.
4-44           (c)  If sufficient funds are not available to the board to
4-45     meet its obligations under this section, the board may transfer
4-46     funds among institutions, branches, and entities of the University
4-47     of Houston System to ensure the most equitable and efficient
4-48     allocation of available resources for each institution, branch, or
4-49     entity to carry out its duties and purposes.
4-50           (d)  Any portion of the proceeds of bonds authorized by this
4-51     section for one or more specified projects at an institution that
4-52     is not required for the specified projects may be used to renovate
4-53     existing structures and facilities at the institution.
4-54           Sec. 55.1734.  TEXAS STATE UNIVERSITY SYSTEM; ADDITIONAL
4-55     BONDS. (a)  In addition to the other authority granted by this
4-56     subchapter, the board of regents of the Texas State University
4-57     System may issue in accordance with this subchapter and in
4-58     accordance with a systemwide revenue financing program adopted by
4-59     the board bonds for the following institutions not to exceed the
4-60     following aggregate principal amounts to finance projects specified
4-61     as follows:
4-62                 (1)  Angelo State University, $17,912,700 to expand and
4-63     renovate institutional facilities;
4-64                 (2)  Lamar University--Beaumont, $23,073,984 to
4-65     renovate and repair campus buildings;
4-66                 (3)  Lamar Institute of Technology, $5,613,840 to
4-67     renovate Gentry Hall and convert it to classroom and laboratory
4-68     use;
4-69                 (4)  Lamar State College--Orange, $2,250,000 for campus
 5-1     site development;
 5-2                 (5)  Lamar State College--Port Arthur:
 5-3                       (A)  $6.3 million to construct a performing arts
 5-4     and classroom building; and
 5-5                       (B)  $1,530,000 to expand the Gates Memorial
 5-6     Library and develop an adjacent plaza;
 5-7                 (6)  Sam Houston State University, $18 million to
 5-8     renovate and expand the Farrington Building;
 5-9                 (7)  Southwest Texas State University, $19,521,000 to
5-10     construct a business building; and
5-11                 (8)  Sul Ross State University:
5-12                       (A)  $13,050,000 to renovate and expand the range
5-13     animal science facility and adjacent science building; and
5-14                       (B)  $900,000 to replace and expand chiller
5-15     equipment and facilities.
5-16           (b)  The board may pledge irrevocably to the payment of those
5-17     bonds all or any part of the revenue funds of an institution,
5-18     branch, or entity of the Texas State University System, including
5-19     student tuition charges.  The amount of a pledge made under this
5-20     subsection may not be reduced or abrogated while the bonds for
5-21     which the pledge is made, or bonds issued to refund those bonds,
5-22     are outstanding.
5-23           (c)  If sufficient funds are not available to the board to
5-24     meet its obligations under this section, the board may transfer
5-25     funds among institutions, branches, and entities of the Texas State
5-26     University System to ensure the most equitable and efficient
5-27     allocation of available resources for each institution, branch, or
5-28     entity to carry out its duties and purposes.
5-29           (d)  Any portion of the proceeds of bonds authorized by this
5-30     section for one or more specified projects at an institution that
5-31     is not required for the specified projects may be used to renovate
5-32     existing structures and facilities at the institution.
5-33           Sec. 55.1735.  UNIVERSITY OF NORTH TEXAS SYSTEM; ADDITIONAL
5-34     BONDS. (a)  In addition to the other authority granted by this
5-35     subchapter, the board of regents of the University of North Texas
5-36     System may issue in accordance with this subchapter and in
5-37     accordance with a systemwide revenue financing program adopted by
5-38     the board bonds  for the following institutions not to exceed the
5-39     following aggregate principal amounts to finance projects specified
5-40     as follows:
5-41                 (1)  the University of North Texas, $29,047,500 to
5-42     construct a science building; and
5-43                 (2)  the University of North Texas Health Science
5-44     Center at Fort Worth, $22,320,000 to construct a biotechnology
5-45     center and school of public health building.
5-46           (b)  The board may pledge irrevocably to the payment of those
5-47     bonds all or any part of the revenue funds of the University of
5-48     North Texas or the University of North Texas Health Science Center
5-49     at Fort Worth, including student tuition charges.  The amount of a
5-50     pledge made under this subsection may not be reduced or abrogated
5-51     while the bonds for which the pledge is made, or bonds issued to
5-52     refund those bonds, are outstanding.
5-53           (c)  If sufficient funds are not available to the board to
5-54     meet its obligations under this section, the board may transfer
5-55     funds between the University of North Texas and the University of
5-56     North Texas Health Science Center at Fort Worth to ensure the most
5-57     equitable and efficient allocation of available resources for the
5-58     University of North Texas and the University of North Texas Health
5-59     Science Center at Fort Worth to carry out their duties and
5-60     purposes.
5-61           (d)  Any portion of the proceeds of bonds authorized by this
5-62     section for one or more specified projects at an institution that
5-63     is not required for the specified projects may be used to renovate
5-64     existing structures and facilities at the institution.
5-65           Sec. 55.17351.  UNIVERSITY OF NORTH TEXAS AT DALLAS. (a)  Not
5-66     earlier than September 1, 2003, the board of regents of the
5-67     University of North Texas may acquire, purchase, construct,
5-68     improve, renovate, enlarge, or equip property, buildings,
5-69     structures, facilities, roads, or related infrastructure for the
 6-1     University of North Texas at Dallas that would be financed by the
 6-2     issuance of bonds in accordance with this subchapter in the
 6-3     aggregate principal amount not to exceed $27 million for the
 6-4     University of North Texas at Dallas, with the proceeds of the bonds
 6-5     to be used in a manner consistent with Subchapter I, Chapter 105.
 6-6           (b)  The board may pledge irrevocably to the payment of those
 6-7     bonds all or any part of the revenue funds of the University of
 6-8     North Texas at Dallas, including student tuition charges.  The
 6-9     amount of a pledge made under this subsection may not be reduced or
6-10     abrogated while the bonds for which the pledge is made, or bonds
6-11     issued to refund those bonds, are outstanding.
6-12           (c)  If sufficient funds are not available to the board to
6-13     meet its obligations under this section, the board may transfer
6-14     funds between the University of North Texas, the University of
6-15     North Texas at Dallas, and the University of North Texas Health
6-16     Science Center at Fort Worth to ensure the most equitable and
6-17     efficient allocation of available resources for the University of
6-18     North Texas, the University of North Texas at Dallas, and the
6-19     University of North Texas Health Science Center at Fort Worth to
6-20     carry out their duties and purposes.
6-21           Sec. 55.1736.  TEXAS WOMAN'S UNIVERSITY. (a)  In addition to
6-22     the other authority granted by this subchapter, the board of
6-23     regents of Texas Woman's University may issue bonds in accordance
6-24     with this subchapter in the aggregate principal amount not to
6-25     exceed $27,315,000 to finance the renovation of academic and
6-26     administrative buildings at Texas Woman's University.
6-27           (b)  The board may pledge irrevocably to the payment of those
6-28     bonds all or any part of the revenue funds of Texas Woman's
6-29     University, including student tuition charges.  The amount of a
6-30     pledge made under this subsection may not be reduced or abrogated
6-31     while the bonds for which the pledge is made, or bonds issued to
6-32     refund those bonds, are outstanding.
6-33           (c)  Any portion of the proceeds of bonds authorized by this
6-34     section for one or more specified projects that is not required for
6-35     the specified projects may be used to renovate existing structures
6-36     and facilities at the institution.
6-37           Sec. 55.1737.  MIDWESTERN STATE UNIVERSITY; ADDITIONAL BONDS.
6-38     (a)  In addition to the other authority granted by this subchapter,
6-39     the board of regents of Midwestern State University may issue in
6-40     accordance with this subchapter bonds not to exceed the following
6-41     aggregate principal amounts to finance the following projects at
6-42     Midwestern State University:
6-43                 (1)  $3,060,000 to renovate and replace chilled water
6-44     and chilling equipment and systems;
6-45                 (2)  $2,250,000 to renovate and replace HVAC equipment
6-46     and systems;
6-47                 (3)  $3,060,000 to repair and renovate streets and
6-48     parking surfaces and to improve drainage and sewer systems;
6-49                 (4)  $382,500 to install, replace, repair, and upgrade
6-50     elevators; and
6-51                 (5)  $742,500 to install and improve campus lighting,
6-52     and to make improvements to eliminate physical barriers and improve
6-53     accessibility for persons with disabilities.
6-54           (b)  The board may pledge irrevocably to the payment of those
6-55     bonds all or any part of the revenue funds of Midwestern State
6-56     University, including student tuition charges.  The amount of a
6-57     pledge made under this subsection may not be reduced or abrogated
6-58     while the bonds for which the pledge is made, or bonds issued to
6-59     refund those bonds, are outstanding.
6-60           (c)  Any portion of the proceeds of bonds authorized by this
6-61     section for one or more specified projects that is not required for
6-62     the specified projects may be used to renovate existing structures
6-63     and facilities at the institution.
6-64           Sec. 55.1738.  STEPHEN F. AUSTIN STATE UNIVERSITY. (a)  In
6-65     addition to the other authority granted by this subchapter, the
6-66     board of regents of Stephen F. Austin State University may issue in
6-67     accordance with this subchapter bonds not to exceed the following
6-68     aggregate principal amounts to finance the following projects at
6-69     Stephen F. Austin State University:
 7-1                 (1)  $5,580,000 to construct a telecommunications
 7-2     building and to renovate power plant facilities; and
 7-3                 (2)  $5,220,000 to replace or renovate the Birdwell
 7-4     Building.
 7-5           (b)  The board may pledge irrevocably to the payment of those
 7-6     bonds all or any part of the revenue funds of Stephen F. Austin
 7-7     State University, including student tuition charges.  The amount of
 7-8     a pledge made under this subsection may not be reduced or abrogated
 7-9     while the bonds for which the pledge is made, or bonds issued to
7-10     refund those bonds, are outstanding.
7-11           (c)  Any portion of the proceeds of bonds authorized by this
7-12     section for one or more specified projects that is not required for
7-13     the specified projects may be used to renovate existing structures
7-14     and facilities at the institution.
7-15           Sec. 55.1739.  TEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL
7-16     BONDS. (a)  In addition to the other authority granted by this
7-17     subchapter, the board of regents of the Texas Tech University
7-18     System may issue in accordance with this subchapter and in
7-19     accordance with a systemwide revenue financing program adopted by
7-20     the board bonds for the following institutions not to exceed the
7-21     following aggregate principal amounts for projects specified as
7-22     follows:
7-23                 (1)  Texas Tech University, $25,038,000 to construct an
7-24     experimental science research facility; and
7-25                 (2)  Texas Tech University Health Sciences Center:
7-26                       (A)  $24,194,273 to construct a clinical and
7-27     research facility in the city of Lubbock; and
7-28                       (B)  $40 million to construct facilities to
7-29     support its educational programs in the city of El Paso.
7-30           (b)  The board may pledge irrevocably to the payment of those
7-31     bonds all or any part of the revenue funds of Texas Tech University
7-32     or the Texas Tech University Health Sciences Center, including
7-33     student tuition charges.  The amount of a pledge made under this
7-34     subsection may not be reduced or abrogated while the bonds for
7-35     which the pledge is made, or bonds issued to refund those bonds,
7-36     are outstanding.
7-37           (c)  If sufficient funds are not available to the board to
7-38     meet its obligations under this section, the board may transfer
7-39     funds between Texas Tech University and the Texas Tech University
7-40     Health Sciences Center to ensure the most equitable and efficient
7-41     allocation of available resources for Texas Tech University and the
7-42     Texas Tech University Health Sciences Center to carry out their
7-43     duties and purposes.
7-44           (d)  Any portion of the proceeds of bonds authorized by this
7-45     section for one or more specified projects at an institution that
7-46     is not required for the specified projects may be used to renovate
7-47     existing structures and facilities at the institution.
7-48           Sec. 55.17391.  TEXAS SOUTHERN UNIVERSITY; ADDITIONAL BONDS.
7-49     (a)  In addition to other authority granted by this subchapter, the
7-50     board of regents of Texas Southern University may issue in
7-51     accordance with this subchapter bonds not to exceed the following
7-52     aggregate principal amounts to finance the following projects at
7-53     Texas Southern University:
7-54                 (1)  $30 million to construct a science building;
7-55                 (2)  $14.5 million to renovate campus facilities,
7-56     including electrical and piping systems;
7-57                 (3)  $5 million for campus landscaping;
7-58                 (4)  $14.5 million for campus renovations; and
7-59                 (5)  $15 million to construct a building for the school
7-60     of public affairs.
7-61           (b)  The board may pledge irrevocably to the payment of those
7-62     bonds all or any part of the revenue funds of Texas Southern
7-63     University, including student tuition charges required or
7-64     authorized by law to be imposed on students enrolled at the
7-65     university.  The amount of a pledge made under this subsection may
7-66     not be reduced or abrogated while the bonds for which the pledge is
7-67     made, or bonds issued to refund those bonds, are outstanding.
7-68           (c)  Any portion of the proceeds of bonds authorized by this
7-69     section for one or more specified projects that is not required for
 8-1     the specified projects may be used to renovate existing structures
 8-2     and facilities at the institution.
 8-3           (d)  The bonds authorized by Subsection (a)(4) may not be
 8-4     issued before March 1, 2003.
 8-5           (e)  The bonds authorized by Subsection (a)(5) may not be
 8-6     issued before March 1, 2002.
 8-7           Sec. 55.17392.  TEXAS STATE TECHNICAL COLLEGE SYSTEM. (a)
 8-8     The board of regents of the Texas State Technical College System
 8-9     may issue in accordance with this subchapter and in accordance with
8-10     a systemwide revenue financing program adopted by the board bonds
8-11     for the following institutions not to exceed the following
8-12     aggregate principal amounts for projects specified as follows:
8-13                 (1)  Texas State Technical College--Harlingen, $3.6
8-14     million to construct a facility for a learning resource center and
8-15     distance learning center;
8-16                 (2)  Texas State Technical College--Marshall,
8-17     $1,890,000 to construct a facility for a library and administrative
8-18     activities;
8-19                 (3)  Texas State Technical College--Waco, $3.6 million
8-20     to renovate the industrial technology center; and
8-21                 (4)  Texas State Technical College--West Texas,
8-22     $2,430,000 to construct a transportation technologies building.
8-23           (b)  The board may pledge irrevocably to the payment of those
8-24     bonds all or any part of the revenue funds of an institution,
8-25     branch, or entity of the Texas State Technical College System,
8-26     including student tuition charges.  The amount of a pledge made
8-27     under this subsection may not be reduced or abrogated while the
8-28     bonds for which the pledge is made, or bonds issued to refund those
8-29     bonds, are outstanding.
8-30           (c)  If sufficient funds are not available to the board to
8-31     meet its obligations under this section, the board may transfer
8-32     funds among institutions, branches, and entities of the Texas State
8-33     Technical College System to ensure the most equitable and efficient
8-34     allocation of available resources for each institution, branch, or
8-35     entity to carry out its duties and purposes.
8-36           (d)  Any portion of the proceeds of bonds authorized by this
8-37     section for one or more specified projects at an institution that
8-38     is not required for the specified projects may be used to renovate
8-39     existing structures and facilities at the institution.
8-40           SECTION 4. (a)  All acts and proceedings of each governing
8-41     board of an institution of higher education relating to the
8-42     establishment and collection of rates, rentals, charges, and fees
8-43     are validated as of the date the act or proceeding occurred.
8-44           (b)  This section does not apply to an act or proceeding that
8-45     on the effective date of this Act:
8-46                 (1)  is involved in litigation that results in a final
8-47     judicial determination that the act or proceeding is invalid; or
8-48                 (2)  has been held to be invalid by a final judgment of
8-49     a court.
8-50           (c)  In this section:
8-51                 (1)  "Governing board" means a governing board as
8-52     defined by Section 55.01, Education Code, and includes the
8-53     governing body of a public junior college.
8-54                 (2)  "Institution of higher education" has the meaning
8-55     assigned by Section 61.003, Education Code.
8-56           SECTION 5.  This Act takes effect immediately if it receives
8-57     a vote of two-thirds of all the members elected to each house, as
8-58     provided by Section 39, Article III, Texas Constitution.  If this
8-59     Act does not receive the vote necessary for immediate effect, this
8-60     Act takes effect September 1, 2001.
8-61                                  * * * * *