77R7180 KEL-D
By Jones of Dallas, Giddings, Goolsby, H.B. No. 1417
Marchant, Hodge, et al.
Substitute the following for H.B. No. 1417:
By Rangel C.S.H.B. No. 1417
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the University of North Texas System and the component
1-3 institutions of that system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 105, Education Code, is amended to read as
1-6 follows:
1-7 CHAPTER 105. UNIVERSITY OF NORTH TEXAS SYSTEM
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 105.001 [105.005]. UNIVERSITY OF NORTH TEXAS SYSTEM.
1-10 The University of North Texas System is composed of:
1-11 (1) the University of North Texas; [and]
1-12 (2) the University of North Texas Health Science
1-13 Center at Fort Worth; and
1-14 (3) the University of North Texas at Dallas.
1-15 [Sec. 105.01. UNIVERSITY OF NORTH TEXAS. The University of
1-16 North Texas is a coeducational institution of higher education
1-17 located in the city of Denton.]
1-18 Sec. 105.002 [105.02]. DEFINITIONS. In this chapter:
1-19 (1) "Board" means the board of regents of the
1-20 University of North Texas System.
1-21 (2) "Health Science Center" means the University of
1-22 North Texas Health Science Center at Fort Worth.
1-23 (3) "System" means the University of North Texas
1-24 System, including its components and entities ["University" means
2-1 the University of North Texas].
2-2 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
2-3 Sec. 105.051 [105.11]. BOARD OF REGENTS. The organization,
2-4 control, and management of the University of North Texas System and
2-5 each component institution of the system is vested in a board of
2-6 nine regents appointed by the governor and confirmed by the senate.
2-7 Sec. 105.052 [105.12]. TERM OF OFFICE; REMOVAL; VACANCY. The
2-8 term of office of each regent is six years, with the terms [term]
2-9 of three regents expiring every two years. Members of the board
2-10 may be removed from office for inefficiency or malfeasance of
2-11 office. Any vacancy that occurs on the board shall be filled by the
2-12 governor for the unexpired term.
2-13 Sec. 105.053 [105.14]. OATH. Each member of the board shall
2-14 take the constitutional oath of office before assuming the duties
2-15 of his office.
2-16 Sec. 105.054 [105.15]. OFFICERS; MEETINGS. The board shall
2-17 elect a chairman and any other officers it considers [deems]
2-18 necessary. The chairman may convene the board when the chairman
2-19 considers [he deems] it expedient to consider any business related
2-20 to the system [university].
2-21 SUBCHAPTER C. POWERS AND DUTIES OF BOARD
2-22 Sec. 105.101 [105.41]. GENERAL POWERS AND DUTIES. (a) The
2-23 board may direct, govern, operate, support, maintain, [shall]
2-24 manage, and control the system [university].
2-25 (b) The board may:
2-26 (1) erect, equip, maintain, and repair system
2-27 [university] buildings;
3-1 (2) purchase libraries, furniture, equipment, fuel,
3-2 and supplies necessary to operate the system [university];
3-3 (3) employ and discharge personnel, including faculty,
3-4 to carry out the board's [the] powers and duties [of the
3-5 university];
3-6 (4) adopt rules and policies for the administration of
3-7 the board's [its] powers and duties;
3-8 (5) in accordance with the rules of the Texas Higher
3-9 Education Coordinating Board, prescribe for each component
3-10 institution programs and courses leading to customary degrees as
3-11 are offered at outstanding American universities and award those
3-12 degrees, including baccalaureate, master's, and doctoral degrees
3-13 and their equivalents;
3-14 (6) establish admission standards for each component
3-15 institution;
3-16 (7) perform other acts that contribute to the
3-17 development of the system [university] or to the welfare of
3-18 [university] students of component institutions; and
3-19 (8) [(6)] delegate a power or assign a duty of the
3-20 board to an officer, employee, or committee designated by the
3-21 board.
3-22 Sec. 105.102. CHIEF EXECUTIVE OFFICERS. (a) The board shall
3-23 appoint a chancellor who serves as chief executive officer of the
3-24 system.
3-25 (b) The board shall appoint a president of each component
3-26 institution who serves as chief executive officer of the
3-27 institution. The president of the University of North Texas Health
4-1 Science Center at Fort Worth must be a licensed physician who
4-2 possesses a doctor of osteopathy degree from an accredited college
4-3 of osteopathic medicine and must have been licensed to practice
4-4 medicine in a state of the United States for at least five years
4-5 [105.42. CONTRACTS WITH CITY FOR UTILITY SERVICES. The board may
4-6 contract with the city of Denton for the furnishing of water and
4-7 other utility services to the university. The rates to be charged
4-8 the university shall not exceed those regularly established,
4-9 published, and declared rates for similar customers; and if there
4-10 are no similar customers, the rates to be charged shall be those
4-11 established by the city of Denton for commercial users. The city
4-12 may make any adjustments, discounts, and special rates that the
4-13 governing authorities of the city may see fit to provide for the
4-14 university.]
4-15 [Sec. 105.43. ADMISSIONS, COURSES, AND DEGREES. (a) The
4-16 board may prescribe the number of students that may be admitted to
4-17 a course, department, school, college, or degree program under its
4-18 governance.]
4-19 [(b) The board, with the approval of the Texas Higher
4-20 Education Coordinating Board, may prescribe courses leading to
4-21 customary degrees as are offered at leading American educational
4-22 institutions and may award those degrees and their equivalents.]
4-23 [(c) A new department, school, or degree program may not be
4-24 instituted without the prior approval of the Texas Higher Education
4-25 Coordinating Board].
4-26 Sec. 105.103 [105.44]. EMINENT DOMAIN: RESTRICTION. (a)
4-27 The board may exercise the power of eminent domain to acquire land
5-1 for the use of the system [university].
5-2 (b) The board must exercise the power of eminent domain in
5-3 the manner provided by Chapter 21, Property Code, but the board is
5-4 not required to provide a bond for appeal or a bond for costs.
5-5 (c) The board may not use the power of eminent domain to
5-6 acquire land that is dedicated to a public use by another
5-7 governmental entity.
5-8 Sec. 105.104 [105.45]. DONATIONS, GIFTS, GRANTS, AND
5-9 ENDOWMENTS. (a) From any source, including the federal government,
5-10 a municipality, a foundation, a trust fund, a corporation, another
5-11 education agency, or any other person, the [The] board may accept
5-12 donations, gifts, grants, and endowments of money or property, real
5-13 or personal, for the system [university] to be held in trust and
5-14 administered by the board for the purposes and under the direction,
5-15 limitations, and provisions declared in writing in the donation,
5-16 gift, grant, or endowment.
5-17 (b) The donation, gift, grant, or endowment must be
5-18 consistent with the laws of this state and with the objectives and
5-19 proper management of the system [university].
5-20 Sec. 105.105 [105.46]. FUNDS RECEIVED FOR TRUST SERVICES.
5-21 (a) The board may deposit in an appropriate system [university]
5-22 account outside the state treasury all funds received as
5-23 administrative fees or charges for services rendered in the
5-24 management or administration of a trust estate under the control of
5-25 the system [university].
5-26 (b) The funds under Subsection (a) [of this section] may be
5-27 spent by the board for any educational purpose of the system
6-1 [university].
6-2 Sec. 105.106 [105.47]. DISBURSEMENT OF FUNDS. (a) Except as
6-3 otherwise provided by law, the board shall disburse all
6-4 appropriations to the system [university].
6-5 (b) Except as otherwise provided by law, the board may adopt
6-6 rules for:
6-7 (1) the disbursal of appropriations and other funds;
6-8 (2) the auditing and approval of system [university]
6-9 accounts; and
6-10 (3) the issuance of system [university] vouchers and
6-11 warrants.
6-12 Sec. 105.107 [105.48]. SYSTEM [UNIVERSITY] PROPERTY. (a)
6-13 The board has the sole and exclusive management and control of
6-14 system [university] lands.
6-15 (b) The board may acquire by purchase, donation, exchange,
6-16 condemnation, or otherwise:
6-17 (1) land, including improvements, for the use of the
6-18 system [university]; and
6-19 (2) other real property that is necessary or
6-20 convenient to carry out the purposes of state-supported
6-21 institutions of higher education.
6-22 (c) Except as otherwise provided by law, the board may sell,
6-23 exchange, lease, or dispose of any land or other real property
6-24 owned by or acquired for the board or the system [university].
6-25 [Sec. 105.49. VENUE AND SERVICE OF PROCESS. (a) Except as
6-26 otherwise required by law, venue for a suit filed against the
6-27 university, the board, or officers or employees of the university
7-1 is in Denton County.]
7-2 [(b) Service of citation and other required process must be
7-3 made on the attorney general and on an individual named by board
7-4 rule as a representative of the board.]
7-5 Sec. 105.108 [105.50]. CONTRACTS. (a) Except as provided by
7-6 Subsection (b) [of this section], a contract with the system
7-7 [university] must be approved by the board.
7-8 (b) The board by rule may delegate to a representative of
7-9 the board or an employee of the system the authority to negotiate,
7-10 execute, and approve a contract with the system [university].
7-11 (c) A contract that is not approved in accordance with this
7-12 section is void.
7-13 Sec. 105.109. JOINT APPOINTMENTS. The board may make joint
7-14 appointments in the component institutions of the system, with the
7-15 salary of any person who receives a joint appointment to be
7-16 apportioned to the appointing institution on the basis of services
7-17 rendered.
7-18 Sec. 105.110. RESEARCH PARK. (a) The board may authorize
7-19 the establishment of a research park by one or more component
7-20 institutions of the system.
7-21 (b) The administrator of the research park may use private
7-22 or public entities for scientific and technological research and
7-23 development in the surrounding region [105.51. MENTORING PROGRAM.
7-24 (a) The board may establish a mentoring program at the university.
7-25 The program may provide mentoring, tutoring, and other resources to
7-26 students at all levels of the educational system to assist students
7-27 to:]
8-1 [(1) succeed in their education and achieve
8-2 appropriate educational goals; and]
8-3 [(2) prepare for the transition from being a student
8-4 to becoming an independent adult member of society.]
8-5 [(b) The program may recruit, train, coordinate, and support
8-6 mentors and tutors, and may provide other resources, to students in
8-7 the communities primarily served by the university who are students
8-8 at risk of dropping out of school, as defined by Section 29.081, or
8-9 who are otherwise in need of services to assist them in
8-10 successfully completing their education and becoming productive
8-11 members of the community.]
8-12 [(c) The board shall establish in connection with the
8-13 program a continuing study and evaluation of mentoring activities
8-14 and research into the best practices and methods of mentoring.]
8-15 [(d) Not later than January 1, 2001, and at other times
8-16 determined by the board, the board shall prepare a report relating
8-17 to the operation of the program. The report shall include:]
8-18 [(1) a description of the program;]
8-19 [(2) information relating to the students served by
8-20 the program;]
8-21 [(3) an analysis of the effects of the program on
8-22 student performance, including effects on drop-out rates, school
8-23 attendance, grades, performance on assessment tests, graduation
8-24 rates, and entry into higher education programs;]
8-25 [(4) the costs of the program and the sources of funds
8-26 used to support the program; and]
8-27 [(5) the board's recommendations for continuing the
9-1 program and for any changes in the law authorizing the program.]
9-2 [(e) The board may use available institutional funds, as
9-3 defined by Section 51.009, to support the program. The board may
9-4 solicit and accept gifts, grants, and donations from any public or
9-5 private source to support the program].
9-6 SUBCHAPTER D. MISCELLANEOUS ADMINISTRATIVE PROVISIONS
9-7 [STATE HISTORICAL COLLECTION]
9-8 Sec. 105.151. MANDATORY VENUE; SERVICE OF PROCESS. (a)
9-9 Venue for a suit filed against the system, the board, the
9-10 University of North Texas, or officers or employees of the
9-11 University of North Texas is in Denton County.
9-12 (b) Venue for a suit filed solely against the health science
9-13 center or officers or employees of the health science center is in
9-14 Tarrant County.
9-15 (c) Venue for a suit filed solely against the University of
9-16 North Texas at Dallas or against officers or employees of the
9-17 University of North Texas at Dallas is in Dallas County.
9-18 (d) In case of a conflict between Subsection (a), (b), or
9-19 (c) and any other law, Subsection (a), (b), or (c) controls.
9-20 (e) Service of citation or other required process must be
9-21 made on the attorney general and on an individual named by board
9-22 rule as a representative of the board.
9-23 (f) This section does not waive any defense or any immunity
9-24 to suit or liability that may be asserted by an entity or other
9-25 person described by Subsection (a), (b), or (c).
9-26 Sec. 105.152. CONCURRENT JURISDICTION WITH MUNICIPAL POLICE.
9-27 (a) Concurrent with police officers of the municipality in which
10-1 the main campus of the component institution is located, campus
10-2 security personnel commissioned under Section 51.203 have
10-3 jurisdiction to enforce all criminal laws, including traffic laws,
10-4 of the state and all ordinances of the municipality regulating
10-5 traffic on any public street:
10-6 (1) running through the property of the institution;
10-7 or
10-8 (2) immediately adjacent to property owned or occupied
10-9 and controlled by the institution.
10-10 (b) The form and content of traffic citations issued for
10-11 violations of law shall be similar to the type used by the State
10-12 Highway Patrol and shall be filed in the municipal court or any
10-13 justice of the peace court with jurisdiction of the offense.
10-14 Sec. 105.153. ASSISTANCE TO MUNICIPAL POLICE. (a) The board
10-15 and the governing body of the municipality may enter into written
10-16 agreements, authorized by resolution of each governing body, to
10-17 authorize the regular employed peace officers of the component
10-18 institution to assist the peace officers of the municipality in
10-19 enforcing state law and municipal ordinances at any location in the
10-20 municipality.
10-21 (b) While acting under an agreement authorized by Subsection
10-22 (a) and if the act is outside the property of the component
10-23 institution or outside any public street running through, adjacent
10-24 to, or within property owned or occupied and controlled by the
10-25 institution, campus peace officers are under the jurisdiction and
10-26 command of the chief of police of the municipality in which the
10-27 institution is located.
11-1 (c) The state and the component institution are not liable
11-2 for actions of a campus peace officer acting under the jurisdiction
11-3 and command of the chief of police of the municipality in which the
11-4 institution is located.
11-5 Sec. 105.154. DELEGATION OF MUNICIPAL PARKING REGULATION
11-6 AUTHORITY. (a) By contract between the municipality and the
11-7 component institution, the governing body of the municipality may
11-8 delegate to the institution the authority to regulate the parking
11-9 of vehicles on any public street running through or immediately
11-10 adjacent to property owned or occupied and controlled by the
11-11 institution.
11-12 (b) The contract may authorize the component institution to
11-13 assign and regulate parking spaces for its use, to charge and
11-14 collect a fee from its personnel and students for parking, to
11-15 prohibit parking, and to charge and collect a fee for removing
11-16 vehicles parked in violation of law or ordinance or in violation of
11-17 a rule governing the parking of vehicles adopted by the board.
11-18 (c) The contract must be approved by resolution of the board
11-19 and the governing body of the municipality.
11-20 (d) The component institution shall have jurisdiction over
11-21 property owned or controlled by the institution to the extent that
11-22 it may:
11-23 (1) assign and regulate parking spaces for its use and
11-24 charge and collect appropriate fees for parking and improper
11-25 parking;
11-26 (2) prohibit parking where it considers necessary; and
11-27 (3) set and collect fees for and remove vehicles
12-1 parked in violation of its rules and regulations or of state law.
12-2 Sec. 105.155. CONSTRUCTION OF PROVISIONS REGARDING CAMPUS
12-3 SECURITY PERSONNEL. Sections 105.152-105.154 do not:
12-4 (1) limit the police powers of the municipality or its
12-5 law enforcement jurisdiction;
12-6 (2) render a campus peace officer an employee of the
12-7 municipality or entitle a campus peace officer to compensation from
12-8 the municipality; or
12-9 (3) restrict the power of the component institution
12-10 under other law to enforce laws, ordinances, or rules regulating
12-11 traffic or parking. [105.61. DESIGNATION. The historical
12-12 collection of the university, consisting of books, documents,
12-13 stamps, coins, firearms, implements of warfare, relics, heirlooms,
12-14 and other items of historical importance, is designated a State
12-15 Historical Collection, to be known as "The State Historical
12-16 Collection of the University of North Texas."]
12-17 [Sec. 105.62. GIFTS AND DONATIONS. The board may accept and
12-18 receive gifts, donations, and collections of books, documents,
12-19 stamps, coins, firearms, implements of warfare, relics, heirlooms,
12-20 and collections of all kinds having historical importance and
12-21 value, to be used in teaching the youth of this state.]
12-22 [Sec. 105.63. RULES AND REGULATIONS. The board may make any
12-23 rules and regulations regarding the receiving and holding of these
12-24 gifts, donations, and collections, that it considers necessary and
12-25 advisable.]
12-26 SUBCHAPTER E. UNIVERSITY OF NORTH TEXAS
12-27 [UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER
13-1 AT FORT WORTH]
13-2 Sec. 105.201. DEFINITION. In this subchapter, "university"
13-3 means the University of North Texas.
13-4 Sec. 105.202. UNIVERSITY OF NORTH TEXAS. The University of
13-5 North Texas is a coeducational institution of higher education
13-6 located in the city of Denton.
13-7 Sec. 105.203. CONTRACTS WITH CITY FOR UTILITY SERVICES. The
13-8 board may contract with the City of Denton for the furnishing of
13-9 water and other utility services to the university. The rates to
13-10 be charged the university may not exceed those regularly
13-11 established, published, and declared rates for similar customers.
13-12 If there are no similar customers, the rates to be charged shall be
13-13 those established by the City of Denton for commercial users. The
13-14 city may make any adjustments, discounts, and special rates that
13-15 the governing authorities of the city may consider appropriate to
13-16 provide for the university.
13-17 Sec. 105.204. MENTORING PROGRAM. (a) The board may
13-18 establish a mentoring program at the university. The program may
13-19 provide mentoring, tutoring, and other resources to students at all
13-20 levels of the educational system to assist students to:
13-21 (1) succeed in their education and achieve appropriate
13-22 educational goals; and
13-23 (2) prepare for the transition from being a student to
13-24 becoming an independent adult member of society.
13-25 (b) The program may recruit, train, coordinate, and support
13-26 mentors and tutors, and may provide other resources, to students in
13-27 the communities primarily served by the university who are students
14-1 at risk of dropping out of school, as defined by Section 29.081, or
14-2 who are otherwise in need of services to assist them in
14-3 successfully completing their education and becoming productive
14-4 members of the community.
14-5 (c) The board shall establish in connection with the program
14-6 a continuing study and evaluation of mentoring activities and
14-7 research into the best practices and methods of mentoring.
14-8 (d) At the times determined by the board, the board shall
14-9 prepare a report relating to the operation of the program. The
14-10 report must include:
14-11 (1) a description of the program;
14-12 (2) information relating to the students served by the
14-13 program;
14-14 (3) an analysis of the effects of the program on
14-15 student performance, including effects on drop-out rates, school
14-16 attendance, grades, performance on assessment tests, graduation
14-17 rates, and entry into higher education programs;
14-18 (4) the costs of the program and the sources of funds
14-19 used to support the program; and
14-20 (5) the board's recommendations for continuing the
14-21 program and for any changes in the law authorizing the program.
14-22 (e) The board may use available institutional funds, as
14-23 defined by Section 51.009, to support the program. The board may
14-24 solicit and accept gifts, grants, and donations from any public or
14-25 private source to support the program.
14-26 SUBCHAPTER F. STATE HISTORICAL COLLECTION
14-27 Sec. 105.251. DESIGNATION. The historical collection of the
15-1 University of North Texas, consisting of books, documents, stamps,
15-2 coins, firearms, implements of warfare, relics, heirlooms, and
15-3 other items of historical importance, is designated as a State
15-4 Historical Collection, to be known as "The State Historical
15-5 Collection of the University of North Texas."
15-6 Sec. 105.252. GIFTS AND DONATIONS. The board may accept and
15-7 receive gifts, donations, and collections of books, documents,
15-8 stamps, coins, firearms, implements of warfare, relics, heirlooms,
15-9 and collections of all kinds having historical importance and
15-10 value, to be used in teaching the youth of this state.
15-11 Sec. 105.253. RULES REGARDING GIFTS AND DONATIONS. The board
15-12 may adopt any rules regarding the receiving and holding of these
15-13 gifts, donations, and collections that it considers necessary and
15-14 advisable. [105.71. ESTABLISHMENT OF UNIVERSITY OF NORTH TEXAS
15-15 HEALTH SCIENCE CENTER AT FORT WORTH. (a) There is hereby created a
15-16 health science center in the city of Fort Worth to be known as the
15-17 University of North Texas Health Science Center at Fort Worth,
15-18 which consists of a college of osteopathic medicine, and which is a
15-19 separate institution and not a department, school, or branch of the
15-20 University of North Texas, but under the direction, management, and
15-21 control of the Board of Regents of the University of North Texas.]
15-22 [(b) The board shall have the same powers of direction,
15-23 management, and control over the health science center that it
15-24 exercises over the University of North Texas, but the board shall
15-25 act separately and independently on all matters affecting the
15-26 health science center as a separate institution.]
15-27 [(c) The board, with the approval of the Texas Higher
16-1 Education Coordinating Board, may prescribe courses at the health
16-2 science center leading to customary degrees, diplomas, or
16-3 certificates, but may not include an M.D. degree.]
16-4 [Sec. 105.72. LOCATION. The board shall select a site for
16-5 the college in Tarrant County.]
16-6 [Sec. 105.73. RULES AND REGULATIONS; COURSES. (a) The board
16-7 may make rules and regulations for the direction, control, and
16-8 management of the medical school which are necessary for it to be a
16-9 medical school of the highest quality.]
16-10 [(b) The board, with the approval of the Coordinating Board,
16-11 Texas College and University System, may prescribe courses leading
16-12 to the customary degrees and certificates granted by osteopathic
16-13 medical schools.]
16-14 [Sec. 105.74. CHIEF EXECUTIVE OFFICERS. The board of regents
16-15 of the University of North Texas may appoint a chancellor who shall
16-16 serve as chief executive officer of the University of North Texas
16-17 and the University of North Texas Health Science Center at Fort
16-18 Worth. The board of regents shall appoint a president of the
16-19 University of North Texas and a president of the University of
16-20 North Texas Health Science Center at Fort Worth who shall serve as
16-21 chief operating officers of each institution, respectively. The
16-22 president of the University of North Texas Health Science Center at
16-23 Fort Worth shall be a licensed physician who possesses a doctor of
16-24 osteopathy degree from an accredited college of osteopathic
16-25 medicine and licensed to practice medicine in some state of the
16-26 United States for a minimum of five years.]
16-27 [Sec. 105.75. TEACHING HOSPITAL; FACILITIES. (a) A complete
17-1 teaching hospital for the medical school shall be furnished at no
17-2 cost or expense to the state.]
17-3 [(b) The board shall make provision for adequate physical
17-4 facilities for use by the medical school in its teaching and
17-5 research programs.]
17-6 [Sec. 105.76. JOINT APPOINTMENTS. The board of regents is
17-7 specifically authorized to make joint appointments in the
17-8 university and the health science center under its governance; the
17-9 salary of any such person who receives such joint appointment to be
17-10 apportioned to the appointing institution on the basis of services
17-11 rendered.]
17-12 [Sec. 105.77. AGREEMENTS WITH OTHER ENTITIES. The board of
17-13 regents may execute and carry out affiliation or coordinating
17-14 agreements with any other entity, school, or institution in Texas
17-15 to provide clinical, postgraduate, including internship and
17-16 residency, or other levels of medical educational work for the
17-17 medical school.]
17-18 [Sec. 105.78. GIFTS AND GRANTS. The board may accept and
17-19 administer grants and gifts from the federal government, and from
17-20 any foundation, trust fund, corporation, or any individual or
17-21 organization for the use and benefit of the medical school.]
17-22 [Sec. 105.79. SUPERVISION BY COORDINATING BOARD. The medical
17-23 school is subject to the continuing supervision of and to the rules
17-24 and regulations of the Coordinating Board, Texas College and
17-25 University System, in accordance with the provisions of Chapter 61
17-26 of this code.]
17-27 [Sec. 105.80. MEDICAL SCHOOL ADMISSION POLICIES. The Board
18-1 of Regents shall promulgate appropriate rules and regulations
18-2 pertaining to the admission of students to the medical school which
18-3 will provide for admission of those students to its entering class
18-4 each year who are equally or as well qualified as all other
18-5 students and who have entered a contract with or received a
18-6 commitment for a stipend, grant, loan or scholarship from the State
18-7 Rural Medical Education Board. The State Rural Medical Education
18-8 Board may contract with medical students providing for such
18-9 students to engage in a general or family practice of medicine for
18-10 not less than four years after licensing and a period of medical
18-11 residency, as determined by the rules and regulations established
18-12 by the State Rural Medical Education Board, in cities of Texas
18-13 which have a population of less than 5,000 or in rural areas, as
18-14 that term may be defined by the State Rural Medical Education
18-15 Board, and said Board is hereby given the authority to define and
18-16 from time to time redefine the term rural area, at the time the
18-17 medical practice is commenced. This contract shall provide for a
18-18 monthly stipend of at least $100 to be granted by the State Rural
18-19 Medical Education Board to each person under contract with the
18-20 state while enrolled as a medical school student.]
18-21 [Sec. 105.81. ACQUISITION AND DISPOSITION OF LAND. The board
18-22 may acquire by purchase, donation, or otherwise for the use of the
18-23 school any land or other real property necessary or convenient for
18-24 carrying out its purposes as a state-supported institution of
18-25 higher education, and may sell, exchange, lease, or otherwise
18-26 dispose of any land or other real property owned by or acquired for
18-27 the school. The power of acquisition and disposition is restricted
19-1 to area within Tarrant County. The proceeds from any sale of land
19-2 or other real property shall be added to the capital funds of the
19-3 school.]
19-4 SUBCHAPTER G. [CAMPUS SECURITY PERSONNEL]
19-5 [Sec. 105.91. CONCURRENT JURISDICTION WITH CITY POLICE. (a)
19-6 Campus security personnel commissioned under Section 51.203 of this
19-7 code have concurrent jurisdiction with police officers of the City
19-8 of Denton to enforce all criminal laws, including traffic laws, of
19-9 the state and all ordinances of the city regulating traffic on any
19-10 public street running through the property of the university and on
19-11 any public street immediately adjacent to property owned or
19-12 occupied and controlled by the university.]
19-13 [(b) The form and content of traffic citations issued for
19-14 violations of law shall be similar to the type used by the State
19-15 Highway Patrol and shall be filed in the municipal court or any
19-16 justice of the peace court with jurisdiction of the offense.]
19-17 [Sec. 105.92. ASSISTANCE TO CITY POLICE. (a) The board of
19-18 regents and the city council of Denton may enter into written
19-19 agreements, authorized by resolution of each governing body, to
19-20 authorize the regular employed peace officers of the university to
19-21 assist the peace officers of the city in enforcing the laws of the
19-22 state and the ordinances of the city at any location in the city.]
19-23 [(b) To be valid, an agreement under Subsection (a) of this
19-24 section must be approved by the attorney general.]
19-25 [(c) While acting pursuant to the agreement in Subsection
19-26 (a) above and when such act is outside the property of the
19-27 university or outside any public street running through, adjacent
20-1 to, or within property owned or occupied and controlled by the
20-2 university, the peace officers of the university are under the
20-3 jurisdiction and command of the chief of police of Denton.]
20-4 [(d) Neither the state nor the university is liable for
20-5 actions of a campus police officer acting under the jurisdiction
20-6 and command of the chief of police of Denton.]
20-7 [Sec. 105.93. CITY DELEGATION OF PARKING REGULATION
20-8 AUTHORITY. (a) By contract between the city and the university,
20-9 the city council of Denton may delegate to the university the
20-10 authority to regulate the parking of vehicles on any public street
20-11 running through or immediately adjacent to property owned or
20-12 occupied and controlled by the university.]
20-13 [(b) The contract may authorize the university to assign and
20-14 regulate parking spaces for its use, to charge and collect a fee
20-15 from its personnel and students for parking, to prohibit parking,
20-16 and to charge and collect a fee for removing vehicles parked in
20-17 violation of law or ordinance or in violation of a rule governing
20-18 the parking of vehicles adopted by the board. All parking
20-19 violations shall be filed in the Municipal Court of Denton or the
20-20 justice of the peace court having jurisdiction over the offense.]
20-21 [(c) Before the contract is considered by the city council
20-22 or the board, the attorney general and the city attorney of Denton
20-23 shall review and either approve the contract or file written legal
20-24 objections to the contract with the chief executive officer of both
20-25 the board and the council. The contract must be approved by
20-26 resolution of the board and the city council.]
20-27 [(d) The university shall have jurisdiction over its
21-1 personnel and students upon property owned by the university to the
21-2 extent that it may (1) assign and regulate parking spaces for its
21-3 use and charge and collect appropriate fees for parking and
21-4 improper parking; (2) prohibit parking where it deems necessary;
21-5 (3) set and collect fees for and remove vehicles parked in
21-6 violation of its rules and regulations or the laws of the State of
21-7 Texas.]
21-8 [Sec. 105.94. CONSTRUCTION OF SUBCHAPTER. This subchapter
21-9 does not:]
21-10 [(1) limit the police powers of the city or its law
21-11 enforcement jurisdiction;]
21-12 [(2) render a campus peace officer an employee of the
21-13 city or entitle a campus peace officer to compensation from the
21-14 city; or]
21-15 [(3) restrict the power of the university under other
21-16 law to enforce laws, ordinances, or rules regulating traffic or
21-17 parking.]
21-18 [SUBCHAPTER H.] TEXAS ACADEMY OF MATHEMATICS AND SCIENCE
21-19 Sec. 105.301 [105.95]. ESTABLISHMENT; SCOPE. (a) The Texas
21-20 Academy of Mathematics and Science is established as a division of
21-21 the University of North Texas [State University] for the following
21-22 purposes:
21-23 (1) to provide an enriched school for gifted and
21-24 talented high school juniors and seniors to complete their high
21-25 school education and to attend college courses for credit;
21-26 (2) to identify exceptionally gifted and intelligent
21-27 high school students at the junior and senior levels and offer them
22-1 a challenging education to maximize their development;
22-2 (3) to provide a rigorous academic program emphasizing
22-3 mathematics and science, but also including a strong and varied
22-4 humanities curriculum; and
22-5 (4) to reduce the shortage of mathematics and science
22-6 professionals in this state.
22-7 (b) The academy is a residential, coeducational institution
22-8 for selected Texas high school students with interest and potential
22-9 in mathematics and science under the control and management of the
22-10 board [of regents of the university]. Faculty members of the
22-11 university shall teach all academic classes at the academy.
22-12 (c) A student of the academy may attend a college course
22-13 offered by the university and receive college credit for that
22-14 course.
22-15 (d) The board [of regents of the university] shall set aside
22-16 adequate space on the university campus in Denton to be used for
22-17 the operation of the academy and to carry out the purposes of this
22-18 subchapter.
22-19 (e) The academy is not subject to the provisions of this
22-20 code, or to the rules of the Texas Education Agency, regulating
22-21 public schools, except that:
22-22 (1) professional employees of the academy are entitled
22-23 to the limited liability of an employee under Section 22.051 or
22-24 22.052;
22-25 (2) a student's attendance at the academy satisfies
22-26 compulsory school attendance requirements; and
22-27 (3) for each student enrolled, the academy is entitled
23-1 to allotments from the foundation school program under Chapter 42
23-2 as if the academy were a school district, except that the academy
23-3 has a local share applied that is equivalent to the local fund
23-4 assignment of the Denton Independent School District.
23-5 Sec. 105.302 [105.96]. SUPERVISION BY ADVISORY BOARD. (a)
23-6 In operating the academy the board shall consider the advice of an
23-7 advisory board composed of nine members.
23-8 (b) Each of the following shall appoint one member to serve
23-9 on the advisory board:
23-10 (1) the chairman of the State Board of Education;
23-11 (2) the commissioner of higher education;
23-12 (3) the president of the Texas Association of School
23-13 Administrators;
23-14 (4) the president of the Texas Association for the
23-15 Gifted and Talented;
23-16 (5) the governor;
23-17 (6) the lieutenant governor; and
23-18 (7) the speaker of the Texas House of Representatives.
23-19 (c) The president of the University of North Texas [State
23-20 University] shall appoint two members to the advisory board.
23-21 (d) A member of the advisory board serves for a term of six
23-22 years, except that the original advisory board members shall draw
23-23 by lot for terms of two, four, or six years. If reappointed, a
23-24 member may serve for more than one term.
23-25 (e) A member of the advisory board may not receive
23-26 compensation for the performance of duties on the advisory board,
23-27 but a member is entitled to reimbursement for actual and necessary
24-1 expenses incurred in carrying out official duties from funds
24-2 appropriated for the academy.
24-3 (f) The advisory board shall make recommendations to the
24-4 dean [director] of the academy concerning the following:
24-5 (1) admission criteria;
24-6 (2) extracurricular activities;
24-7 (3) programs of study;
24-8 (4) rules for the discipline of students and for the
24-9 management of the academy and academy programs;
24-10 (5) a formula of admission that ensures the admission
24-11 of students from the various geographical areas of the state; and
24-12 (6) acceptance of nominations for and the selection of
24-13 students to be admitted to the academy.
24-14 (g) The advisory board shall conduct an annual evaluation of
24-15 the programs of the academy.
24-16 (h) A rule recommended by the advisory board under
24-17 Subsection (f) [of this section] shall be consistent with the law
24-18 and, if adopted, shall be enforced by the staff and faculty of the
24-19 academy.
24-20 Sec. 105.303 [105.97]. PROGRAM AND OPERATION. (a) The
24-21 academy shall operate on the same fall and spring semester basis as
24-22 the University of North Texas [university]. Full-time students of
24-23 the academy must be enrolled for both the fall and spring
24-24 semesters.
24-25 (b) In addition to academic classes, the academy may offer
24-26 short courses, workshops, seminars, weekend instructional programs,
24-27 summer programs, and other innovative programs.
25-1 (c) The pupil-teacher ratio in all regular academic classes
25-2 at the academy may not exceed 30 students for each [per] classroom
25-3 teacher, except that the pupil-teacher ratio may exceed that limit:
25-4 (1) in programs provided under Subsection (b) [of this
25-5 section], in physical education courses, or in special enrichment
25-6 courses; or
25-7 (2) if the board determines that a class with more
25-8 than 30 students for each classroom teacher would contribute to the
25-9 educational development of the students in the class.
25-10 Sec. 105.304 [105.98]. EXTRACURRICULAR ACTIVITIES. The
25-11 academy may offer any extracurricular activity that a public
25-12 secondary school could offer. Students attending the academy may
25-13 participate in all extracurricular activities sanctioned by the
25-14 university interscholastic league.
25-15 Sec. 105.305 [105.99]. ELIGIBILITY. (a) Except as provided
25-16 by Subsection (b) [of this section], the academy shall admit only
25-17 high school juniors and seniors.
25-18 (b) The academy may provide for an early admission year to
25-19 allow the admission of a student who is not yet a high school
25-20 junior if the abilities of the student warrant early entry.
25-21 Sec. 105.306 [105.100]. FUNDING. (a) The board [of regents
25-22 of North Texas State University] is hereby authorized to use
25-23 available funds or to enter into contracts and accept grants or
25-24 matching grants for the purpose of establishing an academy of
25-25 mathematics and science.
25-26 (b) Any money received by the academy shall be expended to
25-27 further the functions and purposes of the academy listed in Section
26-1 105.301 [105.95 of this code].
26-2 (c) This section does not prevent the board from accepting
26-3 federal funds or money from any corporation or other private
26-4 contributor for use in operating or providing programs to the
26-5 academy.
26-6 Sec. 105.307 [105.101]. DEAN [DIRECTOR]. (a) The board [of
26-7 regents of North Texas State University] may appoint a dean
26-8 [director] of the academy who shall serve at the pleasure of the
26-9 board.
26-10 (b) The dean [director] shall report to the provost of the
26-11 University of North Texas [university] and shall have a seat on the
26-12 council of deans.
26-13 (c) The dean [director] shall prepare an annual budget for
26-14 the operation of the academy and submit the budget to the provost
26-15 of the university.
26-16 Sec. 105.308 [105.102]. LIABILITY. (a) The liability of the
26-17 state under Chapters 101 and 104, Civil Practice and Remedies Code,
26-18 is limited for the academy and employees assigned to the academy
26-19 and acting on behalf of the academy to the same extent that the
26-20 liability of a school district and an employee of the school
26-21 district is limited under Sections 22.051 and 22.052 of this code
26-22 and Section 101.051, Civil Practice and Remedies Code.
26-23 (b) An employee assigned to the academy is entitled to
26-24 representation by the attorney general in a civil suit based on an
26-25 action or omission of the employee in the course of the employee's
26-26 [his] employment, limits on liability, and indemnity under Chapters
26-27 [Chapter] 104 and 108, Civil Practice and Remedies Code.
27-1 SUBCHAPTER H. UNIVERSITY OF NORTH TEXAS
27-2 HEALTH SCIENCE CENTER AT FORT WORTH
27-3 Sec. 105.401. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE
27-4 CENTER AT FORT WORTH. The University of North Texas Health Science
27-5 Center at Fort Worth is a coeducational institution of higher
27-6 education that consists of a college of osteopathic medicine and
27-7 other programs as prescribed by the board in accordance with the
27-8 rules of the Texas Higher Education Coordinating Board.
27-9 Sec. 105.402. PROHIBITED DEGREES. The board may not award an
27-10 M.D. degree.
27-11 Sec. 105.403. TEACHING HOSPITAL; FACILITIES. (a) A complete
27-12 teaching hospital for the health science center shall be furnished
27-13 without cost or expense to the state.
27-14 (b) The board shall provide for adequate physical facilities
27-15 for use by the health science center in its teaching and research
27-16 programs.
27-17 Sec. 105.404. AGREEMENTS WITH OTHER ENTITIES. The board may
27-18 execute and carry out affiliation or coordinating agreements with
27-19 any other entity, school, or institution in this state to provide
27-20 clinical, postgraduate, including internship and residency, or
27-21 other levels of medical educational work for the health science
27-22 center.
27-23 SUBCHAPTER I. UNIVERSITY OF
27-24 NORTH TEXAS AT DALLAS
27-25 Sec. 105.451. UNIVERSITY OF NORTH TEXAS AT DALLAS. (a) The
27-26 University of North Texas at Dallas is established as an
27-27 institution of higher education and component institution of the
28-1 University of North Texas System in the city of Dallas on property
28-2 designated by the board.
28-3 (b) The board may accept gifts, grants, and donations and
28-4 may acquire land for the university.
28-5 (c) The board may plan for the development of the university
28-6 and for the academic programs offered by the university.
28-7 (d) Notwithstanding any other provision of this subchapter,
28-8 the University of North Texas at Dallas may operate as a general
28-9 academic teaching institution with its own chief executive officer,
28-10 administration, and faculty only after the Texas Higher Education
28-11 Coordinating Board certifies that enrollment at the University of
28-12 North Texas System Center at Dallas has reached an enrollment
28-13 equivalent to 2,000 full-time students for one semester. Until
28-14 that enrollment level is reached, the board may operate a system
28-15 center of the University of North Texas in the city of Dallas.
28-16 SECTION 2. This Act takes effect immediately if it receives
28-17 a vote of two-thirds of all the members elected to each house, as
28-18 provided by Section 39, Article III, Texas Constitution. If this
28-19 Act does not receive the vote necessary for immediate effect, this
28-20 Act takes effect September 1, 2001.