H.B. 3321 78(R)    BILL ANALYSIS


H.B. 3321
By: Eiland
Higher Education
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Authorizes the U.T. Board of Regents to issue up to $57M in tuition
revenue bonds to be used as the local match for federal funding to build a
National Bio-containment Laboratory on the campus of The University of
Texas Medical Branch at Galveston.  These bonds would only be used if UTMB
were awarded the National Biocontainment Laboratory grant.  

The National Biocontainment Laboratory will bring $110 million in Federal
Funds to Texas for construction of the facility alone.  A conservative
estimate of the economic impact from the research activities performed at
National Biocontainment Laboratory is $45 - $75 million dollars per year.
This facility would be the only Texas based "National Laboratory". 

After the September 11 terrorist attack, President Bush, in his State of
the Union Address, announced Project Bioshield - a comprehensive effort to
develop and make available modern, effective drugs and vaccines to protect
against attack by biological weapons.  As part of this effort, the
National Institutes of Health (NIH) received a significant funding
increase of $1.5 billion dollars ($6B over next 10 years) for research in
biological pathogens that could be used as bioterror agents with an
objective of establishing the scientific basis for new medical
countermeasures, including vaccines, diagnostics and therapeutics. 

NIH has called for the construction of one or two National Biocontainment
Laboratories, which will include Biosafety Level 2, 3, and 4 laboratories
to be dedicated to the biodefense effort.  In response to this, UTMB has
submitted a proposal to build a National Biocontainment Laboratory on its
campus in Galveston.  The project will be designed to incorporate the most
advanced technologies in biomedical research targeted to diagnostics,
therapeutics and vaccine development, including novel robotic technologies
that will be developed through partnerships with Johnson Space Center and
local aerospace engineering companies.  Academic researchers and
biotechnology and pharmaceutical companies within the region as well as
nationally will have access to the most advanced facilities in the world. 

Texas and the Southwest Region are well positioned to provide scientific
and translational research leadership and to support newly formed
biotechnology companies that will emerge to commercialize promising
discoveries.  Some of the region highlights are noted below: 

1.Breadth and depth of senior researchers with international leadership in
emerging infectious diseases and select bioterrorist agents 
2.World Health Organization (WHO) Collaboration Center for Tropical
Diseases centered at UTMB 
3.Research infrastructure, including the only Biosafety Level 4 (BSL-4)
research laboratory at a university in the U.S. (UTMB-Galveston, Summer
2003), providing immediate access to the research environment necessary
for studying many of the bioterrorist threat organisms.  
4.Demonstrated ability to effectively adopt multidisciplinary approaches
within and between institutions 
5.UTMB organized a consortium of 25 institutions in Texas, New Mexico,
Oklahoma, Arkansas, and Louisiana, in response to a request from the NIH
for applications for Regional Centers of Excellence for Biodefense and
Emerging Infectious Disease Research, expected to bring $50M in research
projects to the region in the next 5 years 

 
This is one of those rare opportunities, similar to the Manhattan Project
in the 1940s or the launch of the Space Program in the 1960s, where a
national security priority provides an imperative to respond quickly and
significantly.  The Gulf Coast area, the State of Texas and the
surrounding Southwest Region states are well positioned to respond to this
imperative. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

HB 3321 amends Subchapter B, Chapter 55, Education Code, by adding Section
55.17421 to provide that the board of regents of The University of Texas
System may acquire, purchase, construct, improve, renovate, enlarge, or
equip property, buildings, structures, or other facilities, including
roads and related infrastructure, for The University of Texas Medical
Branch at Galveston, to be used primarily to conduct biomedical research
including research related to national bio-defense and to be financed by
the issuance of bonds in accordance with this subchapter, including bonds
issued in accordance with a systemwide revenue financing program and
secured as provided by that program in an aggregate principal amount not
to exceed $57 million. 

HB 3321 provides that the board may pledge irrevocably to the payment of
the bonds authorized by Subsection (a) all or any part of the revenue
funds of an institution, branch, or entity of The University of  Texas
System, including student tuition charges.  The amount of a pledge made
under this subsection may not be reduced or abrogated while the bonds for
which the pledge is made, or bonds issued to refund those bonds, are
outstanding. 
 
HB 3321 provides that if sufficient funds are not available to the board
to meet its obligations under this section, the board may transfer funds
among institutions, branches, and entities of The University of Texas
System to ensure the most equitable and efficient allocation of available
resources for each institution, branch, or entity to carry out its duties
and purposes. 

HB 3321 amends Section 61.0572(e), Education Code, to provide that
approval of the board is not required to acquire real property that is
financed by bonds issued under Section 55.17421,  

HB 3321 amends Section 61.058(b), Education Code, to provide that this
section does not apply to construction, repair, or rehabilitation financed
by bonds issued under Section 55.17421. 

EFFECTIVE DATE

This Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39, Article
III, Texas Constitution.  If this Act does not receive the vote necessary
for immediate effect, this Act takes effect September 1, 2003.