By Jones of Dallas H.B. No. 1417
77R2575 KEL-D
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 ["University" means the University of North Texas].
2-1 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
2-2 Sec. 105.051 [105.11]. BOARD OF REGENTS. The organization,
2-3 control, and management of the University of North Texas System and
2-4 each component institution of the system is vested in a board of
2-5 nine regents appointed by the governor and confirmed by the senate.
2-6 Sec. 105.052 [105.12]. TERM OF OFFICE; REMOVAL; VACANCY. The
2-7 term of office of each regent is six years, with the terms [term]
2-8 of three regents expiring every two years. Members of the board
2-9 may be removed from office for inefficiency or malfeasance of
2-10 office. Any vacancy that occurs on the board shall be filled by the
2-11 governor for the unexpired term.
2-12 Sec. 105.053 [105.14]. OATH. Each member of the board shall
2-13 take the constitutional oath of office before assuming the duties
2-14 of his office.
2-15 Sec. 105.054 [105.15]. OFFICERS; MEETINGS. The board shall
2-16 elect a chairman and any other officers it considers [deems]
2-17 necessary. The chairman may convene the board when the chairman
2-18 considers [he deems] it expedient to consider any business related
2-19 to the system [university].
2-20 SUBCHAPTER C. POWERS AND DUTIES OF BOARD
2-21 Sec. 105.101 [105.41]. GENERAL POWERS AND DUTIES. (a) The
2-22 board may direct, govern, operate, support, maintain, [shall]
2-23 manage, and control the system and the component institutions of
2-24 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 or its component institutions
3-18 [university] or to the welfare of [university] students of the
3-19 component institutions; and
3-20 (8) [(6)] delegate a power or assign a duty of the
3-21 board to an officer, employee, or committee designated by the
3-22 board.
3-23 Sec. 105.102. CHIEF EXECUTIVE OFFICERS. (a) The board shall
3-24 appoint a chancellor who serves as chief executive officer of the
3-25 system.
3-26 (b) The board shall appoint a president of each component
3-27 institution of the system who serves as chief executive officer of
4-1 the institution. The president of the University of North Texas
4-2 Health Science Center at Fort Worth must be a licensed physician
4-3 who possesses a doctor of osteopathy degree from an accredited
4-4 college of osteopathic medicine and must have been licensed to
4-5 practice medicine in a state of the United States for at least five
4-6 years [105.42. CONTRACTS WITH CITY FOR UTILITY SERVICES. The board
4-7 may contract with the city of Denton for the furnishing of water
4-8 and other utility services to the university. The rates to be
4-9 charged the university shall not exceed those regularly
4-10 established, published, and declared rates for similar customers;
4-11 and if there are no similar customers, the rates to be charged
4-12 shall be those established by the city of Denton for commercial
4-13 users. The city may make any adjustments, discounts, and special
4-14 rates that the governing authorities of the city may see fit to
4-15 provide for the university.]
4-16 [Sec. 105.43. ADMISSIONS, COURSES, AND DEGREES. (a) The
4-17 board may prescribe the number of students that may be admitted to
4-18 a course, department, school, college, or degree program under its
4-19 governance.]
4-20 [(b) The board, with the approval of the Texas Higher
4-21 Education Coordinating Board, may prescribe courses leading to
4-22 customary degrees as are offered at leading American educational
4-23 institutions and may award those degrees and their equivalents.]
4-24 [(c) A new department, school, or degree program may not be
4-25 instituted without the prior approval of the Texas Higher Education
4-26 Coordinating Board].
4-27 Sec. 105.103 [105.44]. EMINENT DOMAIN: RESTRICTION. (a)
5-1 The board may exercise the power of eminent domain to acquire land
5-2 for the use of the system [university].
5-3 (b) The board must exercise the power of eminent domain in
5-4 the manner provided by Chapter 21, Property Code, but the board is
5-5 not required to provide a bond for appeal or a bond for costs.
5-6 (c) The board may not use the power of eminent domain to
5-7 acquire land that is dedicated to a public use by another
5-8 governmental entity.
5-9 Sec. 105.104 [105.45]. DONATIONS, GIFTS, GRANTS, AND
5-10 ENDOWMENTS. (a) From any source, including the federal government,
5-11 a municipality, a foundation, a trust fund, a corporation, another
5-12 education agency, or any other person, the [The] board may accept
5-13 donations, gifts, grants, and endowments of money or property, real
5-14 or personal, for the system [university] to be held in trust and
5-15 administered by the board for the purposes and under the direction,
5-16 limitations, and provisions declared in writing in the donation,
5-17 gift, grant, or endowment.
5-18 (b) The donation, gift, grant, or endowment must be
5-19 consistent with the laws of this state and with the objectives and
5-20 proper management of the system [university].
5-21 Sec. 105.105 [105.46]. FUNDS RECEIVED FOR TRUST SERVICES.
5-22 (a) The board may deposit in an appropriate system [university]
5-23 account outside the state treasury all funds received as
5-24 administrative fees or charges for services rendered in the
5-25 management or administration of a trust estate under the control of
5-26 the system [university].
5-27 (b) The funds under Subsection (a) [of this section] may be
6-1 spent by the board for any educational purpose of the system
6-2 [university].
6-3 Sec. 105.106 [105.47]. DISBURSEMENT OF FUNDS. (a) Except as
6-4 otherwise provided by law, the board shall disburse all
6-5 appropriations to the system [university].
6-6 (b) Except as otherwise provided by law, the board may adopt
6-7 rules for:
6-8 (1) the disbursal of appropriations and other funds;
6-9 (2) the auditing and approval of system [university]
6-10 accounts; and
6-11 (3) the issuance of system [university] vouchers and
6-12 warrants.
6-13 Sec. 105.107 [105.48]. SYSTEM [UNIVERSITY] PROPERTY. (a)
6-14 The board has the sole and exclusive management and control of
6-15 system [university] lands.
6-16 (b) The board may acquire by purchase, donation, exchange,
6-17 condemnation, or otherwise:
6-18 (1) land, including improvements, for the use of the
6-19 system [university]; and
6-20 (2) other real property that is necessary or
6-21 convenient to carry out the purposes of state-supported
6-22 institutions of higher education.
6-23 (c) Except as otherwise provided by law, the board may sell,
6-24 exchange, lease, or dispose of any land or other real property
6-25 owned by or acquired for the board or the system [university].
6-26 [Sec. 105.49. VENUE AND SERVICE OF PROCESS. (a) Except as
6-27 otherwise required by law, venue for a suit filed against the
7-1 university, the board, or officers or employees of the university
7-2 is in Denton County.]
7-3 [(b) Service of citation and other required process must be
7-4 made on the attorney general and on an individual named by board
7-5 rule as a representative of the board.]
7-6 Sec. 105.108 [105.50]. CONTRACTS. (a) Except as provided by
7-7 Subsection (b) [of this section], a contract with the system
7-8 [university] must be approved by the board.
7-9 (b) The board by rule may delegate to a representative of
7-10 the board or an employee of the system the authority to negotiate,
7-11 execute, and approve a contract with the system [university].
7-12 (c) A contract that is not approved in accordance with this
7-13 section is void.
7-14 Sec. 105.109. JOINT APPOINTMENTS. The board may make joint
7-15 appointments in the component institutions of the system, with the
7-16 salary of any person who receives a joint appointment to be
7-17 apportioned to the appointing institution on the basis of services
7-18 rendered.
7-19 Sec. 105.110. RESEARCH PARK. (a) The board may authorize
7-20 the establishment of a research park by one or more component
7-21 institutions of the system.
7-22 (b) The administrator of the park may use private or public
7-23 entities for scientific and technological research and development
7-24 in the surrounding region [105.51. MENTORING PROGRAM. (a) The
7-25 board may establish a mentoring program at the university. The
7-26 program may provide mentoring, tutoring, and other resources to
7-27 students at all levels of the educational system to assist students
8-1 to:]
8-2 [(1) succeed in their education and achieve
8-3 appropriate educational goals; and]
8-4 [(2) prepare for the transition from being a student
8-5 to becoming an independent adult member of society.]
8-6 [(b) The program may recruit, train, coordinate, and support
8-7 mentors and tutors, and may provide other resources, to students in
8-8 the communities primarily served by the university who are students
8-9 at risk of dropping out of school, as defined by Section 29.081, or
8-10 who are otherwise in need of services to assist them in
8-11 successfully completing their education and becoming productive
8-12 members of the community.]
8-13 [(c) The board shall establish in connection with the
8-14 program a continuing study and evaluation of mentoring activities
8-15 and research into the best practices and methods of mentoring.]
8-16 [(d) Not later than January 1, 2001, and at other times
8-17 determined by the board, the board shall prepare a report relating
8-18 to the operation of the program. The report shall include:]
8-19 [(1) a description of the program;]
8-20 [(2) information relating to the students served by
8-21 the program;]
8-22 [(3) an analysis of the effects of the program on
8-23 student performance, including effects on drop-out rates, school
8-24 attendance, grades, performance on assessment tests, graduation
8-25 rates, and entry into higher education programs;]
8-26 [(4) the costs of the program and the sources of funds
8-27 used to support the program; and]
9-1 [(5) the board's recommendations for continuing the
9-2 program and for any changes in the law authorizing the program.]
9-3 [(e) The board may use available institutional funds, as
9-4 defined by Section 51.009, to support the program. The board may
9-5 solicit and accept gifts, grants, and donations from any public or
9-6 private source to support the program].
9-7 SUBCHAPTER D. MISCELLANEOUS ADMINISTRATIVE PROVISIONS
9-8 [STATE HISTORICAL COLLECTION]
9-9 Sec. 105.151. MANDATORY VENUE; SERVICE OF PROCESS. (a)
9-10 Venue for a suit filed against the system, the board, the
9-11 University of North Texas, or officers or employees of the
9-12 University of North Texas is in Denton County.
9-13 (b) Venue for a suit filed solely against the health science
9-14 center or officers or employees of the health science center is in
9-15 Tarrant County.
9-16 (c) Venue for a suit filed solely against the University of
9-17 North Texas at Dallas or against officers or employees of the
9-18 University of North Texas at Dallas is in Dallas County.
9-19 (d) In case of a conflict between Subsection (a), (b), or
9-20 (c) and any other law, Subsection (a), (b), or (c) controls.
9-21 (e) Service of citation or other required process must be
9-22 made on the attorney general and on an individual named by board
9-23 rule as a representative of the board.
9-24 (f) This section does not waive any defense or any immunity
9-25 to suit or liability that may be asserted by an entity or other
9-26 person described by Subsection (a), (b), or (c).
9-27 Sec. 105.152. CONCURRENT JURISDICTION WITH MUNICIPAL POLICE.
10-1 (a) Concurrent with police officers of the municipality in which
10-2 the main campus of the component institution is located, campus
10-3 security personnel commissioned under Section 51.203 have
10-4 jurisdiction to enforce all criminal laws, including traffic laws,
10-5 of the state and all ordinances of the municipality regulating
10-6 traffic on any public street:
10-7 (1) running through the property of the institution;
10-8 or
10-9 (2) immediately adjacent to property owned or occupied
10-10 and controlled by the institution.
10-11 (b) The form and content of traffic citations issued for
10-12 violations of law shall be similar to the type used by the State
10-13 Highway Patrol and shall be filed in the municipal court or any
10-14 justice of the peace court with jurisdiction of the offense.
10-15 Sec. 105.153. ASSISTANCE TO MUNICIPAL POLICE. (a) The board
10-16 and the governing body of the municipality may enter into written
10-17 agreements, authorized by resolution of each governing body, to
10-18 authorize the regular employed peace officers of the component
10-19 institution to assist the peace officers of the municipality in
10-20 enforcing state law and municipal ordinances at any location in the
10-21 municipality.
10-22 (b) While acting under an agreement authorized by Subsection
10-23 (a) and if the act is outside the property of the institution or
10-24 outside any public street running through, adjacent to, or within
10-25 property owned or occupied and controlled by the institution,
10-26 campus peace officers are under the jurisdiction and command of the
10-27 chief of police of the municipality in which the institution is
11-1 located.
11-2 (c) The state and the institution are not liable for actions
11-3 of a campus peace officer acting under the jurisdiction and command
11-4 of the chief of police of the municipality in which the institution
11-5 is located.
11-6 Sec. 105.154. DELEGATION OF MUNICIPAL PARKING REGULATION
11-7 AUTHORITY. (a) By contract between the municipality and the
11-8 component institution, the governing body of the municipality may
11-9 delegate to the institution the authority to regulate the parking
11-10 of vehicles on any public street running through or immediately
11-11 adjacent to property owned or occupied and controlled by the
11-12 institution.
11-13 (b) The contract may authorize the institution to assign and
11-14 regulate parking spaces for its use, to charge and collect a fee
11-15 from its personnel and students for parking, to prohibit parking,
11-16 and to charge and collect a fee for removing vehicles parked in
11-17 violation of law or ordinance or in violation of a rule governing
11-18 the parking of vehicles adopted by the board.
11-19 (c) The contract must be approved by resolution of the board
11-20 and the governing body of the municipality.
11-21 (d) The institution shall have jurisdiction over its
11-22 personnel and students on property owned by the institution to the
11-23 extent that it may:
11-24 (1) assign and regulate parking spaces for its use and
11-25 charge and collect appropriate fees for parking and improper
11-26 parking;
11-27 (2) prohibit parking where it considers necessary; and
12-1 (3) set and collect fees for and remove vehicles
12-2 parked in violation of its rules and regulations or of state law.
12-3 Sec. 105.155. CONSTRUCTION OF PROVISIONS REGARDING CAMPUS
12-4 SECURITY PERSONNEL. Sections 105.152-105.154 do not:
12-5 (1) limit the police powers of the municipality or its
12-6 law enforcement jurisdiction;
12-7 (2) render a campus peace officer an employee of the
12-8 municipality or entitle a campus peace officer to compensation from
12-9 the municipality; or
12-10 (3) restrict the power of the institution under other
12-11 law to enforce laws, ordinances, or rules regulating traffic or
12-12 parking. [105.61. DESIGNATION. The historical collection of the
12-13 university, consisting of books, documents, stamps, coins,
12-14 firearms, implements of warfare, relics, heirlooms, and other items
12-15 of historical importance, is designated a State Historical
12-16 Collection, to be known as "The State Historical Collection of the
12-17 University of North Texas."]
12-18 [Sec. 105.62. GIFTS AND DONATIONS. The board may accept and
12-19 receive gifts, donations, and collections of books, documents,
12-20 stamps, coins, firearms, implements of warfare, relics, heirlooms,
12-21 and collections of all kinds having historical importance and
12-22 value, to be used in teaching the youth of this state.]
12-23 [Sec. 105.63. RULES AND REGULATIONS. The board may make any
12-24 rules and regulations regarding the receiving and holding of these
12-25 gifts, donations, and collections, that it considers necessary and
12-26 advisable.]
12-27 SUBCHAPTER E. UNIVERSITY OF NORTH TEXAS
13-1 [UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER
13-2 AT FORT WORTH]
13-3 Sec. 105.201. DEFINITION. In this subchapter, "university"
13-4 means the University of North Texas.
13-5 Sec. 105.202. UNIVERSITY OF NORTH TEXAS. The University of
13-6 North Texas is a coeducational institution of higher education
13-7 located in the city of Denton.
13-8 Sec. 105.203. CONTRACTS WITH CITY FOR UTILITY SERVICES. The
13-9 board may contract with the City of Denton for the furnishing of
13-10 water and other utility services to the university. The rates to
13-11 be charged the university may not exceed those regularly
13-12 established, published, and declared rates for similar customers.
13-13 If there are no similar customers, the rates to be charged shall be
13-14 those established by the City of Denton for commercial users. The
13-15 city may make any adjustments, discounts, and special rates that
13-16 the governing authorities of the city may consider appropriate to
13-17 provide for the university.
13-18 Sec. 105.204. MENTORING PROGRAM. (a) The board may
13-19 establish a mentoring program at the university. The program may
13-20 provide mentoring, tutoring, and other resources to students at all
13-21 levels of the educational system to assist students to:
13-22 (1) succeed in their education and achieve appropriate
13-23 educational goals; and
13-24 (2) prepare for the transition from being a student to
13-25 becoming an independent adult member of society.
13-26 (b) The program may recruit, train, coordinate, and support
13-27 mentors and tutors, and may provide other resources, to students in
14-1 the communities primarily served by the university who are students
14-2 at risk of dropping out of school, as defined by Section 29.081, or
14-3 who are otherwise in need of services to assist them in
14-4 successfully completing their education and becoming productive
14-5 members of the community.
14-6 (c) The board shall establish in connection with the program
14-7 a continuing study and evaluation of mentoring activities and
14-8 research into the best practices and methods of mentoring.
14-9 (d) At the times determined by the board, the board shall
14-10 prepare a report relating to the operation of the program. The
14-11 report must include:
14-12 (1) a description of the program;
14-13 (2) information relating to the students served by the
14-14 program;
14-15 (3) an analysis of the effects of the program on
14-16 student performance, including effects on drop-out rates, school
14-17 attendance, grades, performance on assessment tests, graduation
14-18 rates, and entry into higher education programs;
14-19 (4) the costs of the program and the sources of funds
14-20 used to support the program; and
14-21 (5) the board's recommendations for continuing the
14-22 program and for any changes in the law authorizing the program.
14-23 (e) The board may use available institutional funds, as
14-24 defined by Section 51.009, to support the program. The board may
14-25 solicit and accept gifts, grants, and donations from any public or
14-26 private source to support the program.
14-27 SUBCHAPTER F. STATE HISTORICAL COLLECTION
15-1 Sec. 105.251. DESIGNATION. The historical collection of the
15-2 University of North Texas, consisting of books, documents, stamps,
15-3 coins, firearms, implements of warfare, relics, heirlooms, and
15-4 other items of historical importance, is designated as a State
15-5 Historical Collection, to be known as "The State Historical
15-6 Collection of the University of North Texas."
15-7 Sec. 105.252. GIFTS AND DONATIONS. The board may accept and
15-8 receive gifts, donations, and collections of books, documents,
15-9 stamps, coins, firearms, implements of warfare, relics, heirlooms,
15-10 and collections of all kinds having historical importance and
15-11 value, to be used in teaching the youth of this state.
15-12 Sec. 105.253. RULES AND REGULATIONS. The board may adopt any
15-13 rules regarding the receiving and holding of these gifts,
15-14 donations, and collections that it considers necessary and
15-15 advisable. [105.71. ESTABLISHMENT OF UNIVERSITY OF NORTH TEXAS
15-16 HEALTH SCIENCE CENTER AT FORT WORTH. (a) There is hereby created a
15-17 health science center in the city of Fort Worth to be known as the
15-18 University of North Texas Health Science Center at Fort Worth,
15-19 which consists of a college of osteopathic medicine, and which is a
15-20 separate institution and not a department, school, or branch of the
15-21 University of North Texas, but under the direction, management, and
15-22 control of the Board of Regents of the University of North Texas.]
15-23 [(b) The board shall have the same powers of direction,
15-24 management, and control over the health science center that it
15-25 exercises over the University of North Texas, but the board shall
15-26 act separately and independently on all matters affecting the
15-27 health science center as a separate institution.]
16-1 [(c) The board, with the approval of the Texas Higher
16-2 Education Coordinating Board, may prescribe courses at the health
16-3 science center leading to customary degrees, diplomas, or
16-4 certificates, but may not include an M.D. degree.]
16-5 [Sec. 105.72. LOCATION. The board shall select a site for
16-6 the college in Tarrant County.]
16-7 [Sec. 105.73. RULES AND REGULATIONS; COURSES. (a) The board
16-8 may make rules and regulations for the direction, control, and
16-9 management of the medical school which are necessary for it to be a
16-10 medical school of the highest quality.]
16-11 [(b) The board, with the approval of the Coordinating Board,
16-12 Texas College and University System, may prescribe courses leading
16-13 to the customary degrees and certificates granted by osteopathic
16-14 medical schools.]
16-15 [Sec. 105.74. CHIEF EXECUTIVE OFFICERS. The board of regents
16-16 of the University of North Texas may appoint a chancellor who shall
16-17 serve as chief executive officer of the University of North Texas
16-18 and the University of North Texas Health Science Center at Fort
16-19 Worth. The board of regents shall appoint a president of the
16-20 University of North Texas and a president of the University of
16-21 North Texas Health Science Center at Fort Worth who shall serve as
16-22 chief operating officers of each institution, respectively. The
16-23 president of the University of North Texas Health Science Center at
16-24 Fort Worth shall be a licensed physician who possesses a doctor of
16-25 osteopathy degree from an accredited college of osteopathic
16-26 medicine and licensed to practice medicine in some state of the
16-27 United States for a minimum of five years.]
17-1 [Sec. 105.75. TEACHING HOSPITAL; FACILITIES. (a) A complete
17-2 teaching hospital for the medical school shall be furnished at no
17-3 cost or expense to the state.]
17-4 [(b) The board shall make provision for adequate physical
17-5 facilities for use by the medical school in its teaching and
17-6 research programs.]
17-7 [Sec. 105.76. JOINT APPOINTMENTS. The board of regents is
17-8 specifically authorized to make joint appointments in the
17-9 university and the health science center under its governance; the
17-10 salary of any such person who receives such joint appointment to be
17-11 apportioned to the appointing institution on the basis of services
17-12 rendered.]
17-13 [Sec. 105.77. AGREEMENTS WITH OTHER ENTITIES. The board of
17-14 regents may execute and carry out affiliation or coordinating
17-15 agreements with any other entity, school, or institution in Texas
17-16 to provide clinical, postgraduate, including internship and
17-17 residency, or other levels of medical educational work for the
17-18 medical school.]
17-19 [Sec. 105.78. GIFTS AND GRANTS. The board may accept and
17-20 administer grants and gifts from the federal government, and from
17-21 any foundation, trust fund, corporation, or any individual or
17-22 organization for the use and benefit of the medical school.]
17-23 [Sec. 105.79. SUPERVISION BY COORDINATING BOARD. The medical
17-24 school is subject to the continuing supervision of and to the rules
17-25 and regulations of the Coordinating Board, Texas College and
17-26 University System, in accordance with the provisions of Chapter 61
17-27 of this code.]
18-1 [Sec. 105.80. MEDICAL SCHOOL ADMISSION POLICIES. The Board
18-2 of Regents shall promulgate appropriate rules and regulations
18-3 pertaining to the admission of students to the medical school which
18-4 will provide for admission of those students to its entering class
18-5 each year who are equally or as well qualified as all other
18-6 students and who have entered a contract with or received a
18-7 commitment for a stipend, grant, loan or scholarship from the State
18-8 Rural Medical Education Board. The State Rural Medical Education
18-9 Board may contract with medical students providing for such
18-10 students to engage in a general or family practice of medicine for
18-11 not less than four years after licensing and a period of medical
18-12 residency, as determined by the rules and regulations established
18-13 by the State Rural Medical Education Board, in cities of Texas
18-14 which have a population of less than 5,000 or in rural areas, as
18-15 that term may be defined by the State Rural Medical Education
18-16 Board, and said Board is hereby given the authority to define and
18-17 from time to time redefine the term rural area, at the time the
18-18 medical practice is commenced. This contract shall provide for a
18-19 monthly stipend of at least $100 to be granted by the State Rural
18-20 Medical Education Board to each person under contract with the
18-21 state while enrolled as a medical school student.]
18-22 [Sec. 105.81. ACQUISITION AND DISPOSITION OF LAND. The board
18-23 may acquire by purchase, donation, or otherwise for the use of the
18-24 school any land or other real property necessary or convenient for
18-25 carrying out its purposes as a state-supported institution of
18-26 higher education, and may sell, exchange, lease, or otherwise
18-27 dispose of any land or other real property owned by or acquired for
19-1 the school. The power of acquisition and disposition is restricted
19-2 to area within Tarrant County. The proceeds from any sale of land
19-3 or other real property shall be added to the capital funds of the
19-4 school.]
19-5 SUBCHAPTER G. [CAMPUS SECURITY PERSONNEL]
19-6 [Sec. 105.91. CONCURRENT JURISDICTION WITH CITY POLICE. (a)
19-7 Campus security personnel commissioned under Section 51.203 of this
19-8 code have concurrent jurisdiction with police officers of the City
19-9 of Denton to enforce all criminal laws, including traffic laws, of
19-10 the state and all ordinances of the city regulating traffic on any
19-11 public street running through the property of the university and on
19-12 any public street immediately adjacent to property owned or
19-13 occupied and controlled by the university.]
19-14 [(b) The form and content of traffic citations issued for
19-15 violations of law shall be similar to the type used by the State
19-16 Highway Patrol and shall be filed in the municipal court or any
19-17 justice of the peace court with jurisdiction of the offense.]
19-18 [Sec. 105.92. ASSISTANCE TO CITY POLICE. (a) The board of
19-19 regents and the city council of Denton may enter into written
19-20 agreements, authorized by resolution of each governing body, to
19-21 authorize the regular employed peace officers of the university to
19-22 assist the peace officers of the city in enforcing the laws of the
19-23 state and the ordinances of the city at any location in the city.]
19-24 [(b) To be valid, an agreement under Subsection (a) of this
19-25 section must be approved by the attorney general.]
19-26 [(c) While acting pursuant to the agreement in Subsection
19-27 (a) above and when such act is outside the property of the
20-1 university or outside any public street running through, adjacent
20-2 to, or within property owned or occupied and controlled by the
20-3 university, the peace officers of the university are under the
20-4 jurisdiction and command of the chief of police of Denton.]
20-5 [(d) Neither the state nor the university is liable for
20-6 actions of a campus police officer acting under the jurisdiction
20-7 and command of the chief of police of Denton.]
20-8 [Sec. 105.93. CITY DELEGATION OF PARKING REGULATION
20-9 AUTHORITY. (a) By contract between the city and the university,
20-10 the city council of Denton may delegate to the university the
20-11 authority to regulate the parking of vehicles on any public street
20-12 running through or immediately adjacent to property owned or
20-13 occupied and controlled by the university.]
20-14 [(b) The contract may authorize the university to assign and
20-15 regulate parking spaces for its use, to charge and collect a fee
20-16 from its personnel and students for parking, to prohibit parking,
20-17 and to charge and collect a fee for removing vehicles parked in
20-18 violation of law or ordinance or in violation of a rule governing
20-19 the parking of vehicles adopted by the board. All parking
20-20 violations shall be filed in the Municipal Court of Denton or the
20-21 justice of the peace court having jurisdiction over the offense.]
20-22 [(c) Before the contract is considered by the city council
20-23 or the board, the attorney general and the city attorney of Denton
20-24 shall review and either approve the contract or file written legal
20-25 objections to the contract with the chief executive officer of both
20-26 the board and the council. The contract must be approved by
20-27 resolution of the board and the city council.]
21-1 [(d) The university shall have jurisdiction over its
21-2 personnel and students upon property owned by the university to the
21-3 extent that it may (1) assign and regulate parking spaces for its
21-4 use and charge and collect appropriate fees for parking and
21-5 improper parking; (2) prohibit parking where it deems necessary;
21-6 (3) set and collect fees for and remove vehicles parked in
21-7 violation of its rules and regulations or the laws of the State of
21-8 Texas.]
21-9 [Sec. 105.94. CONSTRUCTION OF SUBCHAPTER. This subchapter
21-10 does not:]
21-11 [(1) limit the police powers of the city or its law
21-12 enforcement jurisdiction;]
21-13 [(2) render a campus peace officer an employee of the
21-14 city or entitle a campus peace officer to compensation from the
21-15 city; or]
21-16 [(3) restrict the power of the university under other
21-17 law to enforce laws, ordinances, or rules regulating traffic or
21-18 parking.]
21-19 [SUBCHAPTER H.] TEXAS ACADEMY OF MATHEMATICS AND SCIENCE
21-20 Sec. 105.301 [105.95]. ESTABLISHMENT; SCOPE. (a) The Texas
21-21 Academy of Mathematics and Science is established as a division of
21-22 the University of North Texas [State University] for the following
21-23 purposes:
21-24 (1) to provide an enriched school for gifted and
21-25 talented high school juniors and seniors to complete their high
21-26 school education and to attend college courses for credit;
21-27 (2) to identify exceptionally gifted and intelligent
22-1 high school students at the junior and senior levels and offer them
22-2 a challenging education to maximize their development;
22-3 (3) to provide a rigorous academic program emphasizing
22-4 mathematics and science, but also including a strong and varied
22-5 humanities curriculum; and
22-6 (4) to reduce the shortage of mathematics and science
22-7 professionals in this state.
22-8 (b) The academy is a residential, coeducational institution
22-9 for selected Texas high school students with interest and potential
22-10 in mathematics and science under the control and management of the
22-11 board [of regents of the university]. Faculty members of the
22-12 university shall teach all academic classes at the academy.
22-13 (c) A student of the academy may attend a college course
22-14 offered by the university and receive college credit for that
22-15 course.
22-16 (d) The board [of regents of the university] shall set aside
22-17 adequate space on the university campus in Denton to be used for
22-18 the operation of the academy and to carry out the purposes of this
22-19 subchapter.
22-20 (e) The academy is not subject to the provisions of this
22-21 code, or to the rules of the Texas Education Agency, regulating
22-22 public schools, except that:
22-23 (1) professional employees of the academy are entitled
22-24 to the limited liability of an employee under Section 22.051 or
22-25 22.052;
22-26 (2) a student's attendance at the academy satisfies
22-27 compulsory school attendance requirements; and
23-1 (3) for each student enrolled, the academy is entitled
23-2 to allotments from the foundation school program under Chapter 42
23-3 as if the academy were a school district, except that the academy
23-4 has a local share applied that is equivalent to the local fund
23-5 assignment of the Denton Independent School District.
23-6 Sec. 105.302 [105.96]. SUPERVISION BY ADVISORY BOARD. (a)
23-7 In operating the academy the board shall consider the advice of an
23-8 advisory board composed of nine members.
23-9 (b) Each of the following shall appoint one member to serve
23-10 on the advisory board:
23-11 (1) the chairman of the State Board of Education;
23-12 (2) the commissioner of higher education;
23-13 (3) the president of the Texas Association of School
23-14 Administrators;
23-15 (4) the president of the Texas Association for the
23-16 Gifted and Talented;
23-17 (5) the governor;
23-18 (6) the lieutenant governor; and
23-19 (7) the speaker of the Texas House of Representatives.
23-20 (c) The president of the University of North Texas [State
23-21 University] shall appoint two members to the advisory board.
23-22 (d) A member of the advisory board serves for a term of six
23-23 years, except that the original advisory board members shall draw
23-24 by lot for terms of two, four, or six years. If reappointed, a
23-25 member may serve for more than one term.
23-26 (e) A member of the advisory board may not receive
23-27 compensation for the performance of duties on the advisory board,
24-1 but a member is entitled to reimbursement for actual and necessary
24-2 expenses incurred in carrying out official duties from funds
24-3 appropriated for the academy.
24-4 (f) The advisory board shall make recommendations to the
24-5 dean [director] of the academy concerning the following:
24-6 (1) admission criteria;
24-7 (2) extracurricular activities;
24-8 (3) programs of study;
24-9 (4) rules for the discipline of students and for the
24-10 management of the academy and academy programs;
24-11 (5) a formula of admission that ensures the admission
24-12 of students from the various geographical areas of the state; and
24-13 (6) acceptance of nominations for and the selection of
24-14 students to be admitted to the academy.
24-15 (g) The advisory board shall conduct an annual evaluation of
24-16 the programs of the academy.
24-17 (h) A rule recommended by the advisory board under
24-18 Subsection (f) of this section shall be consistent with the law
24-19 and, if adopted, shall be enforced by the staff and faculty of the
24-20 academy.
24-21 Sec. 105.303 [105.97]. PROGRAM AND OPERATION. (a) The
24-22 academy shall operate on the same fall and spring semester basis as
24-23 the University of North Texas [university]. Full-time students of
24-24 the academy must be enrolled for both the fall and spring
24-25 semesters.
24-26 (b) In addition to academic classes, the academy may offer
24-27 short courses, workshops, seminars, weekend instructional programs,
25-1 summer programs, and other innovative programs.
25-2 (c) The pupil-teacher ratio in all regular academic classes
25-3 at the academy may not exceed 30 students for each [per] classroom
25-4 teacher, except that the pupil-teacher ratio may exceed that limit:
25-5 (1) in programs provided under Subsection (b) [of this
25-6 section], in physical education courses, or in special enrichment
25-7 courses; or
25-8 (2) if the board determines that a class with more
25-9 than 30 students for each classroom teacher would contribute to the
25-10 educational development of the students in the class.
25-11 Sec. 105.304 [105.98]. EXTRACURRICULAR ACTIVITIES. The
25-12 academy may offer any extracurricular activity that a public
25-13 secondary school could offer. Students attending the academy may
25-14 participate in all extracurricular activities sanctioned by the
25-15 university interscholastic league.
25-16 Sec. 105.305 [105.99]. ELIGIBILITY. (a) Except as provided
25-17 by Subsection (b) of this section, the academy shall admit only
25-18 high school juniors and seniors.
25-19 (b) The academy may provide for an early admission year to
25-20 allow the admission of a student who is not yet a high school
25-21 junior if the abilities of the student warrant early entry.
25-22 Sec. 105.306 [105.100]. FUNDING. (a) The board [of regents
25-23 of North Texas State University] is hereby authorized to use
25-24 available funds or to enter into contracts and accept grants or
25-25 matching grants for the purpose of establishing an academy of
25-26 mathematics and science.
25-27 (b) Any money received by the academy shall be expended to
26-1 further the functions and purposes of the academy listed in Section
26-2 105.301 [105.95 of this code].
26-3 (c) This section does not prevent the board from accepting
26-4 federal funds or money from any corporation or other private
26-5 contributor for use in operating or providing programs to the
26-6 academy.
26-7 Sec. 105.307 [105.101]. DEAN [DIRECTOR]. (a) The board [of
26-8 regents of North Texas State University] may appoint a dean
26-9 [director] of the academy who shall serve at the pleasure of the
26-10 board.
26-11 (b) The dean [director] shall report to the provost of the
26-12 University of North Texas [university] and shall have a seat on the
26-13 council of deans.
26-14 (c) The dean [director] shall prepare an annual budget for
26-15 the operation of the academy and submit the budget to the provost
26-16 of the university.
26-17 Sec. 105.308 [105.102]. LIABILITY. (a) The liability of the
26-18 state under Chapters 101 and 104, Civil Practice and Remedies Code,
26-19 is limited for the academy and employees assigned to the academy
26-20 and acting on behalf of the academy to the same extent that the
26-21 liability of a school district and an employee of the school
26-22 district is limited under Sections 22.051 and 22.052 of this code
26-23 and Section 101.051, Civil Practice and Remedies Code.
26-24 (b) An employee assigned to the academy is entitled to
26-25 representation by the attorney general in a civil suit based on an
26-26 action or omission of the employee in the course of the employee's
26-27 [his] employment, limits on liability, and indemnity under Chapters
27-1 [Chapter] 104 and 108, Civil Practice and Remedies Code.
27-2 SUBCHAPTER H. UNIVERSITY OF NORTH TEXAS
27-3 HEALTH SCIENCE CENTER AT FORT WORTH
27-4 Sec. 105.401. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE
27-5 CENTER AT FORT WORTH. The University of North Texas Health Science
27-6 Center at Fort Worth is a coeducational institution of higher
27-7 education that consists of a college of osteopathic medicine and
27-8 other programs as prescribed by the board in accordance with the
27-9 rules of the Texas Higher Education Coordinating Board.
27-10 Sec. 105.402. PROHIBITED DEGREES. The board may not award an
27-11 M.D. degree.
27-12 Sec. 105.403. TEACHING HOSPITAL; FACILITIES. (a) A complete
27-13 teaching hospital for the health science center shall be furnished
27-14 without cost or expense to the state.
27-15 (b) The board shall provide for adequate physical facilities
27-16 for use by the health science center in its teaching and research
27-17 programs.
27-18 Sec. 105.404. AGREEMENTS WITH OTHER ENTITIES. The board may
27-19 execute and carry out affiliation or coordinating agreements with
27-20 any other entity, school, or institution in this state to provide
27-21 clinical, postgraduate, including internship and residency, or
27-22 other levels of medical educational work for the health science
27-23 center.
27-24 SUBCHAPTER I. UNIVERSITY OF
27-25 NORTH TEXAS AT DALLAS
27-26 Sec. 105.451. UNIVERSITY OF NORTH TEXAS AT DALLAS. The
27-27 University of North Texas at Dallas is a four-year undergraduate
28-1 and graduate coeducational institution of higher education located
28-2 in the City of Dallas on property designated by the board.
28-3 SECTION 2. This Act takes effect immediately if it receives
28-4 a vote of two-thirds of all the members elected to each house, as
28-5 provided by Section 39, Article III, Texas Constitution. If this
28-6 Act does not receive the vote necessary for immediate effect, this
28-7 Act takes effect September 1, 2001.