SRC-TAG, EPT, S.B. 1717 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1717
78R5315 JSA-DBy: Brimer
Subcommittee on Higher Education
4/6/2003
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 1717 takes The University of Texas at Arlington out of
The University of Texas System and makes it a stand-alone university with
its own board of regents. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the board of regents of The University
of Texas at Arlington in SECTION 3 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  AMENDMENT.  Amends Subtitle F, Title 3, Education Code, by
adding Chapter 112, as follows: 

CHAPTER 112.  THE UNIVERSITY OF TEXAS AT ARLINGTON
SUBCHAPTER A.  GENERAL PROVISIONS

 Sec. 112.001.  DEFINITIONS.  Defines "board" and "university."

[Reserves Sections 112.002-112.020 for expansion.]

SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS

Sec. 112.021.  BOARD OF REGENTS.  (a)  Provides that the board of regents
of The University of Texas at Arlington (UT-Arlington) is composed of nine
members appointed by the governor with the advice and consent of the
senate. 

(b)  Provides that the members of the board serve staggered terms of six
years, with the terms of three members expiring February 1 of each
odd-numbered year. 
 
(c)  Requires a vacancy on the board to be filled by the governor for the
unexpired term. 

[Reserves Sections 112.022-112.050 for expansion.]

SUBCHAPTER C.  POWERS AND DUTIES OF BOARD

Sec. 112.051.  GENERAL POWERS AND DUTIES.  (a)  Provides that the
organization, control, and management of the university are vested in the
board. 
 
(b)  Provides that the board has the same powers and duties with respect
to the university as are conferred on the board of regents of The
University of Texas System with respect to The University of Texas at
Austin. 
 
Sec. 112.052.  EMINENT DOMAIN: RESTRICTION.  Prohibits the board from
using the power of eminent domain to acquire land that is dedicated to a
public use by another governmental entity. 

 [Reserves Sections 112.053-112.100 for expansion.]

SUBCHAPTER D.  THE UNIVERSITY OF TEXAS AT ARLINGTON

Sec. 112.101.  THE UNIVERSITY OF TEXAS AT ARLINGTON.  (a)  Provides that
UT- Arlington is a general academic teaching institution located in the
city of Arlington. 
 
(b)  Authorizes the board to prescribe courses leading to such customary
degrees as are offered at leading American universities and may award
those degrees, including baccalaureate, master's, and doctoral degrees and
their equivalents. 
 
(c)  Prohibits a department, school, or degree program from being
instituted without the prior approval of the Texas Higher Education
Coordinating Board. 
 
SECTION 2.  TRANSFER OF GOVERNANCE.  Provides that effective September 1,
2004, the governance, control, management, and property of  UT-Arlington
are transferred from the board of regents of The University of Texas
System to the board of regents of The University of Texas at Arlington.
Provides that the transfer is governed by Sections 3 through 7 of this
Act. 
 
SECTION 3.  POWERS AND DUTIES; RULES AND POLICIES.  (a)  Requires the
board of regents of UT-Arlington, when the transfer takes effect, to
govern, operate, manage, and control UT-Arlington and all land, buildings,
facilities, improvements, equipment, supplies, and property belonging to
and constituting UT-Arlington under the powers and duties conferred by law
on the board of regents. 
 
(b)  Provides that rules and policies adopted by the board of regents of
The University of Texas System to govern the university that are in effect
when the transfer takes effect are continued in effect until adopted,
repealed, or superseded by the board of regents of UTArlington.  Provides
that the board of regents of  UT-Arlington may adopt rules and policies
applicable to the university in anticipation of the transfer authorized by
this Act. 
 
SECTION 4.  CONTRACTS AND WRITTEN OBLIGATIONS, INCLUDING BONDS. Provides
that contracts and written obligations of every kind and character entered
into by the board of regents of The University of Texas System for and on
behalf of UT-Arlington, including bonds, are ratified, confirmed, and
validated by the board of regents of UT-Arlington on the effective date of
the transfer.  Provides that in those contracts and written obligations,
the board of regents of UT-Arlington is substituted for and stands and
acts in the place of the board of regents of The University of Texas
System to the extent permitted by law. 
 
SECTION 5.  EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.  (a)  Provides
that the transfer of the governance of UT-Arlington under this Act does
not affect the status of any student of the university. 
 
(b)  Provides that the transfer of the governance of UT-Arlington under
this Act does not affect the employment status or accrued benefits of a
person employed by UT-Arlington when the transfer takes effect. 
 
SECTION 6.  CURRENT FUNDING.  Provides that all funds that, on the
effective date of the transfer, have been dedicated to or are held for the
use and benefit of The University of Texas at Arlington under the
governance of the board of regents of The University of Texas System are
transferred to the board of regents of UT-Arlington for the use and
benefit of UT-Arlington. 
 
SECTION 7.  LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD.  Sets forth
legislative intent.  Requires the Texas Higher Education Coordinating
Board, on application of either board of regents if the boards of regents
are unable to agree as to any matter relating to the transfer, to resolve
the disagreement consistent with the intent of this section and the
provisions of this Act as the coordinating board determines is in the best
interest of this state and the institutions under the governance of the
boards of regents.  Authorizes the coordinating board to issue any orders
or take any other action the coordinating board considers appropriate to
enforce  this section or to facilitate the transfer consistent with this
Act. 

SECTION 8.  AMENDMENT.  Amends Section 54.512(a), Education Code, to make
a conforming change. 

SECTION 9.  AMENDMENT.  Amends Section 54.5121(a), Education Code, to make
a conforming change.  

SECTION 10.  AMENDMENT.  Amends Section 54.5122(a), Education Code, to
make a conforming change. 

SECTION 11.  AMENDMENT.  Amends Section 54.529(a), Education Code, to make
a conforming change.  

SECTION 12.  AMENDMENT.  Amends Section 55.1722(a), Education Code, to
make conforming changes.  
  
SECTION 13.  AMENDMENT.  Amends Section 55.1732(a), Education Code, to
make conforming changes.  

SECTION 14.  AMENDMENT.  Amends Chapter 55B, Education Code, by adding
Section 55.17394 as follows: 
 
Sec. 55.17394.  THE UNIVERSITY OF TEXAS AT ARLINGTON.  (a) Authorizes the
board of regents of UT-Arlington, in addition to the other authority
granted by this subchapter, to issue bonds in accordance with this
subchapter in the aggregate principal amounts not to exceed the amounts
previously authorized by Sections 55.1722 and 55.1732, as those sections
existed immediately before this section took effect, less any portion of
those amounts for which bonds were issued before the date this section
took effect.  Provides that bonds issued under this section for an amount
previously authorized by Section 55.1722 or 55.1732 may be used only for
the purposes for which the bonds for UT-Arlington were authorized to be
issued under Section 55.1722 or 55.1732, as applicable. 

(b)  Authorizes the board to pledge irrevocably to the payment of the
bonds all or any part of the revenue funds of UT-Arlington, including
student tuition charges. Prohibits the amount of a pledge made under this
subsection from being reduced or abrogated while the bonds for which the
pledge is made, or bonds issued to refund those bonds, are outstanding. 
 
(c)  Authorizes any portion of the proceeds of bonds authorized by this
section for one or more specified projects that is not required for the
specified projects to be used to renovate existing structures and
facilities at the university. 

SECTION 15.  AMENDMENT.  Amends Section 65.02(a), Education Code, to make
conforming changes.  
  
SECTION 16.  REPEALER.  (a)  Repealer: Chapter 68 (The University of Texas
at Arlington), Education Code. 
 
(b)  Repealer:  Section 54.5122(h) (regarding the board of regents
pledging revenue from a fee imposed under this section to pay an
obligation issued under the revenue financing system of The University of
Texas System), Education Code. 
 
SECTION 17.  INITIAL APPOINTMENTS.  Requires the governor to make the
initial appointments to the board of regents of UT-Arlington not later
than January 1, 2004.  Requires the governor, in making the initial
appointments to the board of regents of UT-Arlington, to appoint three
persons to terms expiring February 1, 2005, three persons to terms
expiring February 1, 2007, and three persons to terms expiring February 1,
2009. 
  
SECTION 18.  EFFECTIVE DATES.  (a)  Effective date: September 1, 2003,
except as provided by Subsection (b) of this section,. 

(b)  Provides that Chapters 112C and 112D, Education Code, as added by
this Act, and Sections 8 through 16 of this Act take effect September 1,
2004.