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 * * * * *