1-1 By: West, et al. S.B. No. 576
1-2 (In the Senate - Filed February 7, 2001; February 8, 2001,
1-3 read first time and referred to Committee on Education;
1-4 March 26, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; March 26, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 576 By: Van de Putte
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the University of North Texas System and the component
1-11 institutions of that system.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 105, Education Code, is amended to read
1-14 as follows:
1-15 CHAPTER 105. UNIVERSITY OF NORTH TEXAS SYSTEM
1-16 SUBCHAPTER A. GENERAL PROVISIONS
1-17 Sec. 105.001 [105.005]. University of North Texas System.
1-18 The University of North Texas System is composed of:
1-19 (1) the University of North Texas; [and]
1-20 (2) the University of North Texas Health Science
1-21 Center at Fort Worth; and
1-22 (3) the University of North Texas at Dallas.
1-23 [Sec. 105.01. University of North Texas. The University of
1-24 North Texas is a coeducational institution of higher education
1-25 located in the city of Denton.]
1-26 Sec. 105.002 [105.02]. Definitions. In this chapter:
1-27 (1) "Board" means the board of regents of the
1-28 University of North Texas System.
1-29 (2) "Health Science Center" means the University of
1-30 North Texas Health Science Center at Fort Worth.
1-31 (3) "System" means the University of North Texas
1-32 System including its components and entities ["University" means
1-33 the University of North Texas].
1-34 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
1-35 Sec. 105.051 [105.11]. Board of Regents. The organization,
1-36 control, and management of the University of North Texas System and
1-37 each component institution of the system is vested in a board of
1-38 nine regents appointed by the governor and confirmed by the senate.
1-39 Sec. 105.052 [105.12]. Term of Office; Removal; Vacancy.
1-40 The term of office of each regent is six years, with the terms
1-41 [term] of three regents expiring every two years. Members of the
1-42 board may be removed from office for inefficiency or malfeasance of
1-43 office. Any vacancy that occurs on the board shall be filled by
1-44 the governor for the unexpired term.
1-45 Sec. 105.053 [105.14]. Oath. Each member of the board shall
1-46 take the constitutional oath of office before assuming the duties
1-47 of his office.
1-48 Sec. 105.054 [105.15]. Officers; Meetings. The board shall
1-49 elect a chairman and any other officers it considers [deems]
1-50 necessary. The chairman may convene the board when the chairman
1-51 considers [he deems] it expedient to consider any business related
1-52 to the system [university].
1-53 SUBCHAPTER C. POWERS AND DUTIES OF BOARD
1-54 Sec. 105.101 [105.41]. General Powers and Duties. (a) The
1-55 board may direct, govern, operate, support, maintain, [shall]
1-56 manage, and control the system [university].
1-57 (b) The board may:
1-58 (1) erect, equip, maintain, and repair system
1-59 [university] buildings;
1-60 (2) purchase libraries, furniture, equipment, fuel,
1-61 and supplies necessary to operate the system [university];
1-62 (3) employ and discharge personnel, including faculty,
1-63 to carry out the board's powers and duties [of the university];
1-64 (4) adopt rules and policies for the administration of
2-1 the board's [its] powers and duties;
2-2 (5) in accordance with the rules of the Texas Higher
2-3 Education Coordinating Board, prescribe for each component
2-4 institution programs and courses leading to customary degrees as
2-5 are offered at outstanding American universities and award those
2-6 degrees, including baccalaureate, master's, and doctoral degrees
2-7 and their equivalents;
2-8 (6) establish admission standards for each component
2-9 institution;
2-10 (7) perform other acts that contribute to the
2-11 development of the system [university] or to the welfare of
2-12 [university] students of component institutions; and
2-13 (8) [(6)] delegate a power or assign a duty of the
2-14 board to an officer, employee, or committee designated by the
2-15 board.
2-16 Sec. 105.102. CHIEF EXECUTIVE OFFICERS. (a) The board
2-17 shall appoint a chancellor who serves as chief executive officer of
2-18 the system.
2-19 (b) The board shall appoint a president of each component
2-20 institution who serves as chief executive officer of the
2-21 institution. The president of the University of North Texas Health
2-22 Science Center at Fort Worth must be a licensed physician who
2-23 possesses a doctor of osteopathy degree from an accredited college
2-24 of osteopathic medicine and must have been licensed to practice
2-25 medicine in a state of the United States for at least five years
2-26 [105.42 CONTRACTS WITH CITY FOR UTILITY SERVICES. The board may
2-27 contract with the city of Denton for the furnishing of water and
2-28 other utility services to the university. The rates to be charged
2-29 the university shall not exceed those regularly established,
2-30 published, and declared rates for similar customers; and if there
2-31 are no similar customers, the rates to be charged shall be those
2-32 established by the city of Denton for commercial users. The city
2-33 may make any adjustments, discounts, and special rates that the
2-34 governing authorities of the city may see fit to provide for the
2-35 university.]
2-36 [Sec. 105.43. ADMISSIONS, COURSES, AND DEGREES. (a) The
2-37 board may prescribe the number of students that may be admitted to
2-38 a course, department, school, college, or degree program under its
2-39 governance.]
2-40 [(b) The board, with the approval of the Texas Higher
2-41 Education Coordinating Board, may prescribe courses leading to
2-42 customary degrees as are offered at leading American educational
2-43 institutions and may award those degrees and their equivalents.]
2-44 [(c) A new department, school, or degree program may not be
2-45 instituted without the prior approval of the Texas Higher Education
2-46 Coordinating Board].
2-47 Sec. 105.103 [105.44]. Eminent Domain: Restriction.
2-48 (a) The board may exercise the power of eminent domain to acquire
2-49 land for the use of the system [university].
2-50 (b) The board must exercise the power of eminent domain in
2-51 the manner provided by Chapter 21, Property Code, but the board is
2-52 not required to provide a bond for appeal or a bond for costs.
2-53 (c) The board may not use the power of eminent domain to
2-54 acquire land that is dedicated to a public use by another
2-55 governmental entity.
2-56 Sec. 105.104 [105.45]. Donations, Gifts, Grants, and
2-57 Endowments. (a) From any source, including the federal
2-58 government, a municipality, a foundation, a trust fund, a
2-59 corporation, another education agency, or any other person, the
2-60 [The] board may accept donations, gifts, grants, and endowments of
2-61 money or property, real or personal, for the system [university] to
2-62 be held in trust and administered by the board for the purposes and
2-63 under the direction, limitations, and provisions declared in
2-64 writing in the donation, gift, grant, or endowment.
2-65 (b) The donation, gift, grant, or endowment must be
2-66 consistent with the laws of this state and with the objectives and
2-67 proper management of the system [university].
2-68 Sec. 105.105 [105.46]. Funds Received for Trust Services.
2-69 (a) The board may deposit in an appropriate system [university]
3-1 account outside the state treasury all funds received as
3-2 administrative fees or charges for services rendered in the
3-3 management or administration of a trust estate under the control of
3-4 the system [university].
3-5 (b) The funds under Subsection (a) [of this section] may be
3-6 spent by the board for any educational purpose of the system
3-7 [university].
3-8 Sec. 105.106 [105.47]. Disbursement of Funds. (a) Except
3-9 as otherwise provided by law, the board shall disburse all
3-10 appropriations to the system [university].
3-11 (b) Except as otherwise provided by law, the board may adopt
3-12 rules for:
3-13 (1) the disbursal of appropriations and other funds;
3-14 (2) the auditing and approval of system [university]
3-15 accounts; and
3-16 (3) the issuance of system [university] vouchers and
3-17 warrants.
3-18 Sec. 105.107 [105.48]. SYSTEM [UNIVERSITY] PROPERTY.
3-19 (a) The board has the sole and exclusive management and control of
3-20 system [university] lands.
3-21 (b) The board may acquire by purchase, donation, exchange,
3-22 condemnation, or otherwise:
3-23 (1) land, including improvements, for the use of the
3-24 system [university]; and
3-25 (2) other real property that is necessary or
3-26 convenient to carry out the purposes of state-supported
3-27 institutions of higher education.
3-28 (c) Except as otherwise provided by law, the board may sell,
3-29 exchange, lease, or dispose of any land or other real property
3-30 owned by or acquired for the board or the system [university].
3-31 [Sec. 105.49. VENUE AND SERVICE OF PROCESS. (a) Except as
3-32 otherwise required by law, venue for a suit filed against the
3-33 university, the board, or officers or employees of the university
3-34 is in Denton County.]
3-35 [(b) Service of citation and other required process must be
3-36 made on the attorney general and on an individual named by board
3-37 rule as a representative of the board.]
3-38 Sec. 105.108 [105.50]. CONTRACTS. (a) Except as provided
3-39 by Subsection (b) [of this section], a contract with the system
3-40 [university] must be approved by the board.
3-41 (b) The board by rule may delegate to a representative of
3-42 the board or an employee of the system the authority to negotiate,
3-43 execute, and approve a contract with the system [university].
3-44 (c) A contract that is not approved in accordance with this
3-45 section is void.
3-46 Sec. 105.109. JOINT APPOINTMENTS. The board may make joint
3-47 appointments in the component institutions of the system, with the
3-48 salary of any person who receives a joint appointment to be
3-49 apportioned to the appointing institution on the basis of services
3-50 rendered.
3-51 Sec. 105.110. RESEARCH PARK. (a) The board may authorize
3-52 the establishment of a research park by one or more component
3-53 institutions of the system.
3-54 (b) The administrator of the research park may use private
3-55 or public entities for scientific and technological research and
3-56 development in the surrounding region. [105.51. MENTORING
3-57 PROGRAM. (a) The board may establish a mentoring program at the
3-58 university. The program may provide mentoring, tutoring, and other
3-59 resources to students at all levels of the educational system to
3-60 assist students to:]
3-61 [(1) succeed in their education and achieve
3-62 appropriate educational goals; and]
3-63 [(2) prepare for the transition from being a student
3-64 to becoming an independent adult member of society.]
3-65 [(b) The program may recruit, train, coordinate, and support
3-66 mentors and tutors, and may provide other resources, to students in
3-67 the communities primarily served by the university who are students
3-68 at risk of dropping out of school, as defined by Section 29.081, or
3-69 who are otherwise in need of services to assist them in
4-1 successfully completing their education and becoming productive
4-2 members of the community.]
4-3 [(c) The board shall establish in connection with the
4-4 program a continuing study and evaluation of mentoring activities
4-5 and research into the best practices and methods of mentoring.]
4-6 [(d) Not later than January 1, 2001, and at other times
4-7 determined by the board, the board shall prepare a report relating
4-8 to the operation of the program. The report shall include:]
4-9 [(1) a description of the program;]
4-10 [(2) information relating to the students served by
4-11 the program;]
4-12 [(3) an analysis of the effects of the program on
4-13 student performance, including effects on drop-out rates, school
4-14 attendance, grades, performance on assessment tests, graduation
4-15 rates, and entry into higher education programs;]
4-16 [(4) the costs of the program and the sources of funds
4-17 used to support the program; and]
4-18 [(5) the board's recommendations for continuing the
4-19 program and for any changes in the law authorizing the program.]
4-20 [(e) The board may use available institutional funds, as
4-21 defined by Section 51.009, to support the program. The board may
4-22 solicit and accept gifts, grants, and donations from any public or
4-23 private source to support the program.]
4-24 SUBCHAPTER D. MISCELLANEOUS ADMINISTRATIVE PROVISIONS [STATE
4-25 HISTORICAL COLLECTION]
4-26 Sec. 105.151. MANDATORY VENUE; SERVICE OF PROCESS.
4-27 (a) Venue for a suit filed against the system, the board, the
4-28 University of North Texas, or officers or employees of the
4-29 University of North Texas is in Denton County.
4-30 (b) Venue for a suit filed solely against the health science
4-31 center or officers or employees of the health science center is in
4-32 Tarrant County.
4-33 (c) Venue for a suit filed solely against the University of
4-34 North Texas at Dallas or against officers or employees of the
4-35 University of North Texas at Dallas is in Dallas County.
4-36 (d) In case of a conflict between Subsection (a), (b), or
4-37 (c) and any other law, Subsection (a), (b), or (c) controls.
4-38 (e) Service of citation or other required process must be
4-39 made on the attorney general and on an individual named by board
4-40 rule as a representative of the board.
4-41 (f) This section does not waive any defense or any immunity
4-42 to suit or liability that may be asserted by an entity or other
4-43 person described by Subsection (a), (b), or (c).
4-44 Sec. 105.152. POLICE JURISDICTION. Campus peace officers
4-45 shall have the same jurisdiction, powers, privileges, and
4-46 immunities as specified in Section 51.203, Education Code.
4-47 Sec. 105.153. DELEGATION OF MUNICIPAL PARKING REGULATION
4-48 AUTHORITY. (a) By contract between the municipality and the
4-49 component institution, the governing body of the municipality may
4-50 delegate to the institution the authority to regulate the parking
4-51 of vehicles on any public street running through or immediately
4-52 adjacent to property owned or occupied and controlled by the
4-53 institution.
4-54 (b) The contract may authorize the component institution to
4-55 assign and regulate parking spaces for its use, to charge and
4-56 collect a fee from its personnel and students for parking, to
4-57 prohibit parking, and to charge and collect a fee for removing
4-58 vehicles parked in violation of law or ordinance or in violation of
4-59 a rule governing the parking of vehicles adopted by the board.
4-60 (c) The contract must be approved by resolution of the board
4-61 and the governing body of the municipality.
4-62 (d) The component institution shall have jurisdiction over
4-63 property owned or controlled by the institution to the extent that
4-64 it may:
4-65 (1) assign and regulate parking spaces for its use and
4-66 charge and collect appropriate fees for parking and improper
4-67 parking;
4-68 (2) prohibit parking where it considers necessary; and
4-69 (3) set and collect fees for and remove vehicles
5-1 parked in violation of its rules and regulations or of state law.
5-2 Sec. 105.154. CONSTRUCTION OF PROVISIONS REGARDING CAMPUS
5-3 SECURITY PERSONNEL. Sections 105.152 and 105.153 do not:
5-4 (1) limit the police powers of the municipality or its
5-5 law enforcement jurisdiction;
5-6 (2) render a campus peace officer an employee of the
5-7 municipality or entitle a campus peace officer to compensation from
5-8 the municipality; or
5-9 (3) restrict the power of the component institution
5-10 under other law to enforce laws, ordinances, or rules regulating
5-11 traffic or parking. [105.61 DESIGNATION. The historical
5-12 collection of the university, consisting of books, documents,
5-13 stamps, coins, firearms, implements of warfare, relics, heirlooms,
5-14 and other items of historical importance, is designated a State
5-15 Historical Collection, to be known as "The State Historical
5-16 Collection of the University of North Texas."]
5-17 [Sec. 105.62. GIFTS AND DONATIONS. The board may accept and
5-18 receive gifts, donations, and collections of books, documents,
5-19 stamps, coins, firearms, implements of warfare, relics, heirlooms,
5-20 and collections of all kinds having historical importance and
5-21 value, to be used in teaching the youth of this state.]
5-22 [Sec. 105.63. RULES AND REGULATIONS. The board may make any
5-23 rules and regulations regarding the receiving and holding of these
5-24 gifts, donations, and collections, that it considers necessary and
5-25 advisable.]
5-26 SUBCHAPTER E. UNIVERSITY OF NORTH TEXAS [HEALTH SCIENCE CENTER
5-27 AT FORT WORTH]
5-28 Sec. 105.201. DEFINITION. In this subchapter, "university"
5-29 means the University of North Texas.
5-30 Sec. 105.202. UNIVERSITY OF NORTH TEXAS. The University of
5-31 North Texas is a coeducational institution of higher education
5-32 located in the city of Denton.
5-33 Sec. 105.203. CONTRACTS WITH CITY FOR UTILITY SERVICES. The
5-34 board may contract with the City of Denton for the furnishing of
5-35 water and other utility services to the university. The rates to
5-36 be charged the university may not exceed those regularly
5-37 established, published, and declared rates for similar customers.
5-38 If there are no similar customers, the rates to be charged shall be
5-39 those established by the City of Denton for commercial users. The
5-40 city may make any adjustments, discounts, and special rates that
5-41 the governing authorities of the city may consider appropriate to
5-42 provide for the university.
5-43 Sec. 105.204. MENTORING PROGRAM. (a) The board may
5-44 establish a mentoring program at the university. The program may
5-45 provide mentoring, tutoring, and other resources to students at all
5-46 levels of the educational system to assist students to:
5-47 (1) succeed in their education and achieve appropriate
5-48 educational goals; and
5-49 (2) prepare for the transition from being a student to
5-50 becoming an independent adult member of society.
5-51 (b) The program may recruit, train, coordinate, and support
5-52 mentors and tutors and may provide other resources to students in
5-53 the communities primarily served by the university who are students
5-54 at risk of dropping out of school, as defined by Section 29.081, or
5-55 who are otherwise in need of services to assist them in
5-56 successfully completing their education and becoming productive
5-57 members of the community.
5-58 (c) The board shall establish in connection with the program
5-59 a continuing study and evaluation of mentoring activities and
5-60 research into the best practices and methods of mentoring.
5-61 (d) At the times determined by the board, the board shall
5-62 prepare a report relating to the operation of the program. The
5-63 report must include:
5-64 (1) a description of the program;
5-65 (2) information relating to the students served by the
5-66 program;
5-67 (3) an analysis of the effects of the program on
5-68 student performance, including effects on dropout rates, school
5-69 attendance, grades, performance on assessment tests, graduation
6-1 rates, and entry into higher education programs;
6-2 (4) the costs of the program and the sources of funds
6-3 used to support the program; and
6-4 (5) the board's recommendations for continuing the
6-5 program and for any changes in the law authorizing the program.
6-6 (e) The board may use available institutional funds, as
6-7 defined by Section 51.009, to support the program. The board may
6-8 solicit and accept gift, grants, and donations from any public or
6-9 private source to support the program.
6-10 SUBCHAPTER F. STATE HISTORICAL COLLECTION
6-11 Sec. 105.251. DESIGNATION. The historical collection of the
6-12 University of North Texas, consisting of books, documents, stamps,
6-13 coins, firearms, implements of warfare, relics, heirlooms, and
6-14 other items of historical importance, is designated as a State
6-15 Historical Collection, to be known as "The State Historical
6-16 Collection of the University of North Texas."
6-17 Sec. 105.252. GIFTS AND DONATIONS. The board may accept and
6-18 receive gifts, donations, and collections of books, documents,
6-19 stamps, coins, firearms, implements of warfare, relics, heirlooms,
6-20 and collections of all kinds having historical importance and
6-21 value, to be used in teaching the youth of this state.
6-22 Sec. 105.253. RULES REGARDING GIFTS AND DONATIONS. The
6-23 board may adopt any rules regarding the receiving and holding of
6-24 these gifts, donations, and collections that it considers necessary
6-25 and advisable. [105.71. ESTABLISHMENT OF UNIVERSITY OF NORTH
6-26 TEXAS HEALTH SCIENCE CENTER AT FORT WORTH. (a) There is hereby
6-27 created a health science center in the city of Fort Worth to be
6-28 known as the University of North Texas Health Science Center at
6-29 Fort Worth, which consists of a college of osteopathic medicine,
6-30 and which is a separate institution and not a department, school,
6-31 or branch of the University of North Texas, but under the
6-32 direction, management, and control of the Board of Regents of the
6-33 University of North Texas.]
6-34 [(b) The board shall have the same powers of direction,
6-35 management, and control over the health science center that it
6-36 exercises over the University of North Texas, but the board shall
6-37 act separately and independently on all matters affecting the
6-38 health science center as a separate institution.]
6-39 [(c) The board, with the approval of the Texas Higher
6-40 Education Coordinating Board, may prescribe courses at the health
6-41 science center leading to customary degrees, diplomas, or
6-42 certificates, but may not include an M.D. degree.]
6-43 [Sec. 105.72. LOCATION. The board shall select a site for
6-44 the college in Tarrant County.]
6-45 [Sec. 105.73. RULES AND REGULATIONS; COURSES. (a) The
6-46 board may make rules and regulations for the direction, control,
6-47 and management of the medical school which are necessary for it to
6-48 be a medical school of the highest quality.]
6-49 [(b) The board, with the approval of the Coordinating Board,
6-50 Texas College and University System, may prescribe courses leading
6-51 to the customary degrees and certificates granted by osteopathic
6-52 medical schools.]
6-53 [Sec. 105.74. CHIEF EXECUTIVE OFFICERS. The board of
6-54 regents of the University of North Texas may appoint a chancellor
6-55 who shall serve as chief executive officer of the University of
6-56 North Texas and the University of North Texas Health Science Center
6-57 at Fort Worth. The board of regents shall appoint a president of
6-58 the University of North Texas and a president of the University of
6-59 North Texas Health Science Center at Fort Worth who shall serve as
6-60 chief operating officers of each institution, respectively. The
6-61 president of the University of North Texas Health Science Center at
6-62 Fort Worth shall be a licensed physician who possesses a doctor of
6-63 osteopathy degree from an accredited college of osteopathic
6-64 medicine and licensed to practice medicine in some state of the
6-65 United States for a minimum of five years.]
6-66 [Sec. 105.75. TEACHING HOSPITAL; FACILITIES. (a) A
6-67 complete teaching hospital for the medical school shall be
6-68 furnished at no cost or expense to the state.]
6-69 [(b) The board shall make provision for adequate physical
7-1 facilities for use by the medical school in its teaching and
7-2 research programs.]
7-3 [Sec. 105.76. JOINT APPOINTMENTS. The board of regents is
7-4 specifically authorized to make joint appointments in the
7-5 university and the health science center under its governance; the
7-6 salary of any such person who receives such joint appointment to be
7-7 apportioned to the appointing institution on the basis of services
7-8 rendered.]
7-9 [Sec. 105.77. AGREEMENTS WITH OTHER ENTITIES. The board of
7-10 regents may execute and carry out affiliation or coordinating
7-11 agreements with any other entity, school, or institution in Texas
7-12 to provide clinical, postgraduate, including internship and
7-13 residency, or other levels of medical educational work for the
7-14 medical school.]
7-15 [Sec. 105.78. GIFTS AND GRANTS. The board may accept and
7-16 administer grants and gifts from the federal government, and from
7-17 any foundation, trust fund, corporation, or any individual or
7-18 organization for the use and benefit of the medical school.]
7-19 [Sec. 105.79. SUPERVISION BY COORDINATING BOARD. The
7-20 medical school is subject to the continuing supervision of and to
7-21 the rules and regulations of the Coordinating Board, Texas College
7-22 and University System, in accordance with the provisions of Chapter
7-23 61 of this code.]
7-24 [Sec. 105.80. MEDICAL SCHOOL ADMISSION POLICIES. The Board
7-25 of Regents shall promulgate appropriate rules and regulations
7-26 pertaining to the admission of students to the medical school which
7-27 will provide for admission of those students to its entering class
7-28 each year who are equally or as well qualified as all other
7-29 students and who have entered a contract with or received a
7-30 commitment for a stipend, grant, loan or scholarship from the State
7-31 Rural Medical Education Board. The State Rural Medical Education
7-32 Board may contract with medical students providing for such
7-33 students to engage in a general or family practice of medicine for
7-34 not less than four years after licensing and a period of medical
7-35 residency, as determined by the rules and regulations established
7-36 by the State Rural Medical Education Board, in cities of Texas
7-37 which have a population of less than 5,000 or in rural areas, as
7-38 that term may be defined by the State Rural Medical Education
7-39 Board, and said Board is hereby given the authority to define and
7-40 from time to time redefine the term rural area, at the time the
7-41 medical practice is commenced. This contract shall provide for a
7-42 monthly stipend of at least $100 to be granted by the State Rural
7-43 Medical Education Board to each person under contract with the
7-44 state while enrolled as a medical school student.]
7-45 [Sec. 105.81. ACQUISITION AND DISPOSITION OF LAND. The
7-46 board may acquire by purchase, donation, or otherwise for the use
7-47 of the school any land or other real property necessary or
7-48 convenient for carrying out its purposes as a state-supported
7-49 institution of higher education, and may sell, exchange, lease, or
7-50 otherwise dispose of any land or other real property owned by or
7-51 acquired for the school. The power of acquisition and disposition
7-52 is restricted to area within Tarrant County. The proceeds from any
7-53 sale of land or other real property shall be added to the capital
7-54 funds of the school.]
7-55 SUBCHAPTER G. [CAMPUS SECURITY PERSONNEL]
7-56 [Sec. 105.91. CONCURRENT JURISDICTION WITH CITY POLICE.
7-57 (a) Campus security personnel commissioned under Section 51.203 of
7-58 this code have concurrent jurisdiction with police officers of the
7-59 City of Denton to enforce all criminal laws, including traffic
7-60 laws, of the state and all ordinances of the city regulating
7-61 traffic on any public street running through the property of the
7-62 university and on any public street immediately adjacent to
7-63 property owned or occupied and controlled by the university.]
7-64 [(b) The form and content of traffic citations issued for
7-65 violations of law shall be similar to the type used by the State
7-66 Highway Patrol and shall be filed in the municipal court or any
7-67 justice of the peace court with jurisdiction of the offense.]
7-68 [Sec. 105.92. ASSISTANCE TO CITY POLICE. (a) The board of
7-69 regents and the city council of Denton may enter into written
8-1 agreements, authorized by resolution of each governing body, to
8-2 authorize the regular employed peace officers of the university to
8-3 assist the peace officers of the city in enforcing the laws of the
8-4 state and the ordinances of the city at any location in the city.]
8-5 [(b) To be valid, an agreement under Subsection (a) of this
8-6 section must be approved by the attorney general.]
8-7 [(c) While acting pursuant to the agreement in Subsection
8-8 (a) above and when such act is outside the property of the
8-9 university or outside any public street running through, adjacent
8-10 to, or within property owned or occupied and controlled by the
8-11 university, the peace officers of the university are under the
8-12 jurisdiction and command of the chief of police of Denton.]
8-13 [(d) Neither the state nor the university is liable for
8-14 actions of a campus police officer acting under the jurisdiction
8-15 and command of the chief of police of Denton.]
8-16 [Sec. 105.93. CITY DELEGATION OF PARKING REGULATION
8-17 AUTHORITY. (a) By contract between the city and the university,
8-18 the city council of Denton may delegate to the university the
8-19 authority to regulate the parking of vehicles on any public street
8-20 running through or immediately adjacent to property owned or
8-21 occupied and controlled by the university.]
8-22 [(b) The contract may authorize the university to assign and
8-23 regulate parking spaces for its use, to charge and collect a fee
8-24 from its personnel and students for parking, to prohibit parking,
8-25 and to charge and collect a fee for removing vehicles parked in
8-26 violation of law or ordinance or in violation of a rule governing
8-27 the parking of vehicles adopted by the board. All parking
8-28 violations shall be filed in the Municipal Court of Denton or the
8-29 justice of the peace court having jurisdiction over the offense.]
8-30 [(c) Before the contract is considered by the city council
8-31 or the board, the attorney general and the city attorney of Denton
8-32 shall review and either approve the contract or file written legal
8-33 objections to the contract with the chief executive officer of both
8-34 the board and the council. The contract must be approved by
8-35 resolution of the board and the city council.]
8-36 [(d) The university shall have jurisdiction over its
8-37 personnel and students upon property owned by the university to the
8-38 extent that it may (1) assign and regulate parking spaces for its
8-39 use and charge and collect appropriate fees for parking and
8-40 improper parking; (2) prohibit parking where it deems necessary;
8-41 (3) set and collect fees for and remove vehicles parked in
8-42 violation of its rules and regulations or the laws of the State of
8-43 Texas.]
8-44 [Sec. 105.94. CONSTRUCTION OF SUBCHAPTER. This subchapter
8-45 does not:]
8-46 [(1) limit the police powers of the city or its law
8-47 enforcement jurisdiction;]
8-48 [(2) render a campus peace officer an employee of the
8-49 city or entitle a campus peace officer to compensation from the
8-50 city; or]
8-51 [(3) restrict the power of the university under other
8-52 law to enforce laws, ordinances, or rules regulating traffic or
8-53 parking.]
8-54 [SUBCHAPTER H.] TEXAS ACADEMY OF MATHEMATICS AND SCIENCE
8-55 Sec. 105.301 [105.95]. ESTABLISHMENT; SCOPE. (a) The Texas
8-56 Academy of Mathematics and Science is established as a division of
8-57 the University of North Texas [State University] for the following
8-58 purposes:
8-59 (1) to provide an enriched school for gifted and
8-60 talented high school juniors and seniors to complete their high
8-61 school education and to attend college courses for credit;
8-62 (2) to identify exceptionally gifted and intelligent
8-63 high school students at the junior and senior levels and offer them
8-64 a challenging education to maximize their development;
8-65 (3) to provide a rigorous academic program emphasizing
8-66 mathematics and science, but also including a strong and varied
8-67 humanities curriculum; and
8-68 (4) to reduce the shortage of mathematics and science
8-69 professionals in this state.
9-1 (b) The academy is a residential, coeducational institution
9-2 for selected Texas high school students with interest and potential
9-3 in mathematics and science under the control and management of the
9-4 board [of regents of the university]. Faculty members of the
9-5 university shall teach all academic classes at the academy.
9-6 (c) A student of the academy may attend a college course
9-7 offered by the university and receive college credit for that
9-8 course.
9-9 (d) The board [of regents of the university] shall set aside
9-10 adequate space on the university campus in Denton to be used for
9-11 the operation of the academy and to carry out the purposes of this
9-12 subchapter.
9-13 (e) The academy is not subject to the provisions of this
9-14 code, or to the rules of the Texas Education Agency, regulating
9-15 public schools, except that:
9-16 (1) professional employees of the academy are entitled
9-17 to the limited liability of an employee under Section 22.051 or
9-18 22.052;
9-19 (2) a student's attendance at the academy satisfies
9-20 compulsory school attendance requirements; and
9-21 (3) for each student enrolled, the academy is entitled
9-22 to allotments from the foundation school program under Chapter 42
9-23 as if the academy were a school district, except that the academy
9-24 has a local share applied that is equivalent to the local fund
9-25 assignment of the Denton Independent School District.
9-26 Sec. 105.302 [105.96]. SUPERVISION BY ADVISORY BOARD.
9-27 (a) In operating the academy the board shall consider the advice
9-28 of an advisory board composed of nine members.
9-29 (b) Each of the following shall appoint one member to serve
9-30 on the advisory board:
9-31 (1) the chairman of the State Board of Education;
9-32 (2) the commissioner of higher education;
9-33 (3) the president of the Texas Association of School
9-34 Administrators;
9-35 (4) the president of the Texas Association for the
9-36 Gifted and Talented;
9-37 (5) the governor;
9-38 (6) the lieutenant governor; and
9-39 (7) the speaker of the Texas House of Representatives.
9-40 (c) The president of the University of North Texas [State
9-41 University] shall appoint two members to the advisory board.
9-42 (d) A member of the advisory board serves for a term of six
9-43 years, except that the original advisory board members shall draw
9-44 by lot for terms of two, four, or six years. If reappointed, a
9-45 member may serve for more than one term.
9-46 (e) A member of the advisory board may not receive
9-47 compensation for the performance of duties on the advisory board,
9-48 but a member is entitled to reimbursement for actual and necessary
9-49 expenses incurred in carrying out official duties from funds
9-50 appropriated for the academy.
9-51 (f) The advisory board shall make recommendations to the
9-52 dean [director] of the academy concerning the following:
9-53 (1) admission criteria;
9-54 (2) extracurricular activities;
9-55 (3) programs of study;
9-56 (4) rules for the discipline of students and for the
9-57 management of the academy and academy programs;
9-58 (5) a formula of admission that ensures the admission
9-59 of students from the various geographical areas of the state; and
9-60 (6) acceptance of nominations for and the selection of
9-61 students to be admitted to the academy.
9-62 (g) The advisory board shall conduct an annual evaluation of
9-63 the programs of the academy.
9-64 (h) A rule recommended by the advisory board under
9-65 Subsection (f) [of this section] shall be consistent with the law
9-66 and, if adopted, shall be enforced by the staff and faculty of the
9-67 academy.
9-68 Sec. 105.303 [105.97]. PROGRAM AND OPERATION. (a) The
9-69 academy shall operate on the same fall and spring semester basis as
10-1 the University of North Texas [university]. Full-time students of
10-2 the academy must be enrolled for both the fall and spring
10-3 semesters.
10-4 (b) In addition to academic classes, the academy may offer
10-5 short courses, workshops, seminars, weekend instructional programs,
10-6 summer programs, and other innovative programs.
10-7 (c) The pupil-teacher ratio in all regular academic classes
10-8 at the academy may not exceed 30 students for each [per] classroom
10-9 teacher, except that the pupil-teacher ratio may exceed that limit:
10-10 (1) in programs provided under Subsection (b) [of this
10-11 section], in physical education courses, or in special enrichment
10-12 courses; or
10-13 (2) if the board determines that a class with more
10-14 than 30 students for each classroom teacher would contribute to the
10-15 educational development of the students in the class.
10-16 Sec. 105.304 [105.98]. EXTRACURRICULAR ACTIVITIES. The
10-17 academy may offer any extracurricular activity that a public
10-18 secondary school could offer. Students attending the academy may
10-19 participate in all extracurricular activities sanctioned by the
10-20 university interscholastic league.
10-21 Sec. 105.305 [105.99]. ELIGIBILITY. (a) Except as provided
10-22 by Subsection (b) [of this section], the academy shall admit only
10-23 high school juniors and seniors.
10-24 (b) The academy may provide for an early admission year to
10-25 allow the admission of a student who is not yet a high school
10-26 junior if the abilities of the student warrant early entry.
10-27 Sec. 105.306 [105.100]. FUNDING. (a) The board [of regents
10-28 of North Texas State University] is hereby authorized to use
10-29 available funds or to enter into contracts and accept grants or
10-30 matching grants for the purpose of establishing an academy of
10-31 mathematics and science.
10-32 (b) Any money received by the academy shall be expended to
10-33 further the functions and purposes of the academy listed in Section
10-34 105.301 [105.95 of this code].
10-35 (c) This section does not prevent the board from accepting
10-36 federal funds or money from any corporation or other private
10-37 contributor for use in operating or providing programs to the
10-38 academy.
10-39 Sec. 105.307 [105.101]. DEAN [DIRECTOR]. (a) The board [of
10-40 regents of North Texas State University] may appoint a dean
10-41 [director] of the academy who shall serve at the pleasure of the
10-42 board.
10-43 (b) The dean [director] shall report to the provost of the
10-44 University of North Texas [university] and shall have a seat on the
10-45 council of deans.
10-46 (c) The dean [director] shall prepare an annual budget for
10-47 the operation of the academy and submit the budget to the provost
10-48 of the university.
10-49 Sec. 105.308 [105.102]. LIABILITY. (a) The liability of
10-50 the state under Chapters 101 and 104, Civil Practice and Remedies
10-51 Code, is limited for the academy and employees assigned to the
10-52 academy and acting on behalf of the academy to the same extent that
10-53 the liability of a school district and an employee of the school
10-54 district is limited under Sections 22.051 and 22.052 of this code
10-55 and Section 101.051, Civil Practice and Remedies Code.
10-56 (b) An employee assigned to the academy is entitled to
10-57 representation by the attorney general in a civil suit based on an
10-58 action or omission of the employee in the course of the employee's
10-59 [his] employment, limits on liability, and indemnity under Chapters
10-60 [Chapter] 104 and 108, Civil Practice and Remedies Code.
10-61 SUBCHAPTER H. UNIVERSITY OF NORTH TEXAS
10-62 HEALTH SCIENCE CENTER AT FORT WORTH
10-63 Sec. 105.401. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE
10-64 CENTER AT FORT WORTH. The University of North Texas Health Science
10-65 Center at Fort Worth is a coeducational institution of higher
10-66 education that consists of a college of osteopathic medicine and
10-67 other programs as prescribed by the board in accordance with the
10-68 rules of the Texas Higher Education Coordinating Board.
10-69 Sec. 105.402. PROHIBITED DEGREES. The board may not award
11-1 an M.D. degree.
11-2 Sec. 105.403. TEACHING HOSPITAL; FACILITIES. (a) A
11-3 complete teaching hospital for the health science center shall be
11-4 furnished without cost or expense to the state.
11-5 (b) The board shall provide for adequate physical facilities
11-6 for use by the health science center in its teaching and research
11-7 programs.
11-8 Sec. 105.404. AGREEMENTS WITH OTHER ENTITIES. The board may
11-9 execute and carry out affiliation or coordinating agreements with
11-10 any other entity, school, or institution in this state to provide
11-11 clinical, postgraduate, including internship and residency, or
11-12 other levels of medical educational work for the health science
11-13 center.
11-14 SUBCHAPTER I. UNIVERSITY OF
11-15 NORTH TEXAS AT DALLAS
11-16 Sec. 105.451. UNIVERSITY OF NORTH TEXAS AT DALLAS. (a) The
11-17 University of North Texas at Dallas is established as an
11-18 institution of higher education and component institution of the
11-19 University of North Texas System in the city of Dallas on property
11-20 designated by the board.
11-21 (b) The board may accept gifts, grants, and donations and
11-22 may acquire land for the University of North Texas at Dallas.
11-23 (c) The board may plan for the development of the University
11-24 of North Texas at Dallas and for the academic programs offered by
11-25 the university.
11-26 (d) Notwithstanding any other provision of this subchapter,
11-27 the University of North Texas at Dallas may operate as a general
11-28 academic teaching institution with its own chief executive officer,
11-29 administration, and faculty only after the Texas Higher Education
11-30 Coordinating Board certifies that enrollment at the University of
11-31 North Texas System Center at Dallas has reached an enrollment
11-32 equivalent to 2,500 full-time students for one semester. Until
11-33 that enrollment level is reached, the board may operate a system
11-34 center of the University of North Texas in the city of Dallas.
11-35 SECTION 2. This Act takes effect immediately if it receives
11-36 a vote of two-thirds of all the members elected to each house, as
11-37 provided by Section 39, Article III, Texas Constitution. If this
11-38 Act does not receive the vote necessary for immediate effect, this
11-39 Act takes effect September 1, 2001.
11-40 * * * * *