By Garcia H.B. No. 3607 77R6422 KSD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the transfer of governance of certain public 1-3 institutions of higher education to the University of North Texas 1-4 System and the designation of the University of North Texas as a 1-5 flagship university. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Section 105.01, Education Code, is amended to read 1-8 as follows: 1-9 Sec. 105.01. UNIVERSITY OF NORTH TEXAS. (a) The University 1-10 of North Texas is a coeducational institution of higher education 1-11 located in the city of Denton. 1-12 (b) The board shall maintain and operate the university in a 1-13 manner to ensure that the university achieves the status of a 1-14 nationally recognized doctoral and research university of the 1-15 highest category. 1-16 (c) The Texas Higher Education Coordinating Board shall 1-17 consider the status of the university under Subsection (b) in: 1-18 (1) reviewing and approving the courses and programs 1-19 at the university under Section 61.051; and 1-20 (2) preparing funding formulas and recommending 1-21 funding for the university under Section 61.059. 1-22 SECTION 2. Chapter 105, Education Code, is amended by adding 1-23 Subchapter I to read as follows: 1-24 SUBCHAPTER I. OTHER INSTITUTIONS IN THE 2-1 UNIVERSITY OF NORTH TEXAS SYSTEM 2-2 Sec. 105.151. UNIVERSITY OF NORTH TEXAS AT ARLINGTON. (a) 2-3 The University of North Texas at Arlington is a coeducational 2-4 institution of higher education under the management and control of 2-5 the board. 2-6 (b) The board may prescribe courses leading to such 2-7 customary degrees as are offered at leading American universities, 2-8 including baccalaureate, master's, and doctoral degrees and their 2-9 equivalents, and may award those degrees. 2-10 (c) The board may not institute a department, school, or 2-11 degree program at the University of North Texas at Arlington 2-12 without the prior approval of the Texas Higher Education 2-13 Coordinating Board. 2-14 Sec. 105.152. UNIVERSITY OF NORTH TEXAS AT DALLAS. (a) The 2-15 University of North Texas at Dallas is a coeducational institution 2-16 of higher education under the management and control of the board. 2-17 (b) The board may prescribe courses leading to such 2-18 customary degrees as are offered at leading American universities, 2-19 including baccalaureate, master's, and doctoral degrees and their 2-20 equivalents, and may award those degrees. 2-21 (c) The board may not institute a department, school, or 2-22 degree program at the University of North Texas at Dallas without 2-23 the prior approval of the Texas Higher Education Coordinating 2-24 Board. 2-25 (d) The board may accept and administer, on terms and 2-26 conditions the board considers satisfactory, grants or gifts of 2-27 property, including real estate or money, that may be tendered to 3-1 the board in aid of the planning, establishment, conduct, and 3-2 operation of the University of North Texas at Dallas, and in aid of 3-3 the research and teaching at that university. The board may accept 3-4 donations, gifts, and grants, including real estate, buildings, 3-5 libraries, laboratories, apparatus, equipment, records, or money 3-6 from the federal government or any foundation, trust fund, 3-7 corporation, or individual for the use and benefit of the 3-8 University of North Texas at Dallas. 3-9 Sec. 105.153. UNIVERSITY OF NORTH TEXAS SOUTHWESTERN MEDICAL 3-10 CENTER AT DALLAS. (a) The University of North Texas Southwestern 3-11 Medical Center at Dallas is a component institution of the 3-12 University of North Texas System under the management and control 3-13 of the board. 3-14 (b) The board may prescribe courses leading to customary 3-15 degrees and may adopt rules for the operation, control, and 3-16 management of the medical center as may be necessary for its 3-17 conduct as a medical school of the first class. 3-18 (c) The board may accept and administer, on terms and 3-19 conditions the board considers satisfactory, grants and gifts 3-20 tendered to the board in aid of research and teaching at the 3-21 medical school. The board may accept donations, gifts, and grants, 3-22 including real estate, buildings, libraries, laboratories, 3-23 apparatus, equipment, records, and leases, made for the exclusive 3-24 use and benefit of the medical school from the federal government 3-25 or any foundation, trust fund, corporation, or individual. Before 3-26 accepting a gift, grant, or donation of real property, the board 3-27 shall secure the opinion of the attorney general regarding the 4-1 title of the real property to be conveyed. 4-2 (d) The board may lease to a nonprofit charitable, 4-3 scientific, or educational corporation organized under state law or 4-4 to a governmental agency a tract or tracts of land situated in 4-5 Dallas County out of land previously deeded by Southwestern Medical 4-6 Foundation to the state. A lease under this subsection must be on 4-7 the terms, conditions, and provisions and for a period of years 4-8 determined by the board. A lease may not be made for a term of 4-9 more than 99 years. 4-10 Sec. 105.154. PROVISIONS FOR TRANSFER OF INSTITUTIONS TO 4-11 UNIVERSITY OF NORTH TEXAS SYSTEM. (a) This section applies only to 4-12 the institutions of higher education included in this subchapter. 4-13 (b) The governance, operation, management, and control of 4-14 the institutions, along with all right, title, and interest in 4-15 land, buildings, facilities, improvements, equipment, supplies, and 4-16 property comprising those institutions, are transferred to the 4-17 board from The University of Texas System. 4-18 (c) The board shall undertake to govern, operate, manage, 4-19 and control the institutions and all land, buildings, facilities, 4-20 improvements, equipment, supplies, and property comprising those 4-21 institutions pursuant to the powers, duties, and responsibilities 4-22 that are or may be conferred by law upon the board for the 4-23 governance, operation, management, and control of component 4-24 institutions comprising the University of North Texas System. 4-25 (d) The transfer of governance, operation, management, and 4-26 control of the institutions in this subchapter to the board does 4-27 not affect: 5-1 (1) the credit hours earned by students at those 5-2 institutions before the effective date of this Act; or 5-3 (2) the employment status of the administrative, 5-4 faculty, or support staff of those institutions. 5-5 (e) The board and the board of regents of The University of 5-6 Texas System shall enter into a memorandum of understanding with 5-7 one another to implement the transfer of the institutions under 5-8 this section and may take any action necessary for that purpose. 5-9 (f) Any reference in law to: 5-10 (1) "The University of Texas at Arlington" means the 5-11 University of North Texas at Arlington. 5-12 (2) "The University of Texas at Dallas" means the 5-13 University of North Texas at Dallas. 5-14 (3) "The University of Texas Southwestern Medical 5-15 Center at Dallas" means the University of North Texas Southwestern 5-16 Medical Center at Dallas. 5-17 (g) The institutions are no longer entitled to participate 5-18 in the funding provided by Section 18, Article VII, Texas 5-19 Constitution, except that, unless other money is appropriated for 5-20 that purpose, the board of regents of The University of Texas 5-21 System shall pay the remaining principal of and interest on all 5-22 bonds and other obligations previously issued. 5-23 SECTION 3. The following laws are repealed: 5-24 (1) Chapter 68, Education Code; 5-25 (2) Chapter 70, Education Code; and 5-26 (3) Subchapter C, Chapter 74, Education Code. 5-27 SECTION 4. This Act takes effect September 1, 2001.