78(R) SB 1717 - Introduced version

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78R5315 JSA-D

By:  Brimer                                                       S.B. No. 1717



A BILL TO BE ENTITLED

AN ACT

relating to the governance and operation of The University of Texas 
at Arlington.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  AMENDMENT.  Subtitle F, Title 3, Education Code, 
is amended by adding Chapter 112 to read as follows:

CHAPTER 112.  THE UNIVERSITY OF TEXAS AT ARLINGTON

SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 112.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Board" means the board of regents of The 
University of Texas at Arlington.
		(2)  "University" means The University of Texas at 
Arlington.        

[Sections 112.002-112.020 reserved for expansion]

SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
	Sec. 112.021.  BOARD OF REGENTS.  (a)  The board of regents 
of The University of Texas at Arlington is composed of nine members 
appointed by the governor with the advice and consent of the senate.
	(b)  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)  A vacancy on the board shall be filled by the governor 
for the unexpired term.

[Sections 112.022-112.050 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES OF BOARD
	Sec. 112.051.  GENERAL POWERS AND DUTIES.  (a)  The 
organization, control, and management of the university are vested 
in the board.
	(b)  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.  The board may 
not use the power of eminent domain to acquire land that is 
dedicated to a public use by another governmental entity.

[Sections 112.053-112.100 reserved for expansion]

SUBCHAPTER D.  THE UNIVERSITY OF TEXAS AT ARLINGTON
	Sec. 112.101.  THE UNIVERSITY OF TEXAS AT ARLINGTON.  (a)  
The University of Texas at Arlington is a general academic teaching 
institution located in the city of Arlington.
	(b)  The board may 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)  A department, school, or degree program may not be 
instituted without the prior approval of the Texas Higher Education 
Coordinating Board.
	SECTION 2.  TRANSFER OF GOVERNANCE.  Effective September 1, 
2004, the governance, control, management, and property of The 
University of Texas at 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.  The transfer is governed by 
Sections 3 through 7 of this Act.
	SECTION 3.  POWERS AND DUTIES; RULES AND POLICIES.  (a)  When 
the transfer takes effect, the board of regents of The University of 
Texas at Arlington shall govern, operate, manage, and control The 
University of Texas at Arlington and all land, buildings, 
facilities, improvements, equipment, supplies, and property 
belonging to and constituting The University of Texas at Arlington 
under the powers and duties conferred by law on the board of 
regents.
	(b)  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 The 
University of Texas at Arlington.  The board of regents of The 
University of Texas at 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.  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 The University of Texas at 
Arlington, including bonds, are ratified, confirmed, and validated 
by the board of regents of The University of Texas at Arlington on 
the effective date of the transfer.  In those contracts and written 
obligations, the board of regents of The University of Texas at 
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)  The transfer of the governance of The University of Texas at 
Arlington under this Act does not affect the status of any student 
of the university.
	(b)  The transfer of the governance of The University of 
Texas at Arlington under this Act does not affect the employment 
status or accrued benefits of a person employed by The University of 
Texas at Arlington when the transfer takes effect.
	SECTION 6.  CURRENT FUNDING.  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 The 
University of Texas at Arlington for the use and benefit of The 
University of Texas at Arlington.
	SECTION 7.  LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD.  
It is the intent of the legislature that the transfer of the 
governance of The University of Texas at Arlington from the board of 
regents of The University of Texas System to the board of regents of 
The University of Texas at Arlington be made without disrupting the 
students, faculty, staff, or programs of The University of Texas at 
Arlington.  If the boards of regents are unable to agree as to any 
matter relating to the transfer, the Texas Higher Education 
Coordinating Board on application of either board of regents shall 
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.  The coordinating board may 
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.  Section 54.512(a), Education Code, 
is amended to read as follows:
	(a)  The board of regents of The University of Texas at 
Arlington [System] may levy a shuttle bus fee not to exceed $10 per 
student for each regular semester and not to exceed $5 per student 
for each term of the summer session, for the sole purpose of 
financing shuttle bus service for students attending The University 
of Texas at Arlington.  The fees herein authorized to be levied are 
in addition to any use fee or service fee now or hereafter 
authorized to be levied.  However, no fee may be levied unless the 
fee is approved by a majority vote of those students participating 
in a general election called for that purpose.
	SECTION 9.  AMENDMENT.  Section 54.5121(a), Education Code, 
is amended to read as follows:
	(a)  The board of regents of The University of Texas at 
Arlington [System] may impose a mandatory intercollegiate 
athletics fee at The University of Texas at Arlington.  The amount 
of the fee may not exceed $7.75 per semester credit hour for each 
regular semester, unless increased as provided by Subsection (b).  
The fee may not be imposed unless approved by a majority vote of the 
students participating in a general student election held for that 
purpose.
	SECTION 10.  AMENDMENT.  Section 54.5122(a), Education Code, 
is amended to read as follows:
	(a)  The board of regents of The University of Texas at 
Arlington [System] may charge each student enrolled at The 
University of Texas at Arlington a recreational facility fee to 
finance, construct, renovate, improve, equip, or maintain 
recreational facilities or to operate recreational programs at the 
university.
	SECTION 11.  AMENDMENT.  Section 54.529(a), Education Code, 
is amended to read as follows:
	(a)  The board of regents of The University of Texas at 
Arlington [System] may levy a student union fee not to exceed $39 
per student for each regular semester and not to exceed $19.50 per 
student for each term of the summer session, for the sole purpose of 
financing, constructing, operating, maintaining, and improving the 
Student Union Building for The University of Texas at Arlington;  
provided, however, that the fee may not be increased above $15 per 
student for each regular semester and $7.50 per student for each 
term of the summer session unless the increase is approved by a 
majority vote of those students participating in a general 
election.  The fees herein authorized to be levied are in addition 
to any use or service fee now or hereafter authorized to be levied.
	SECTION 12.  AMENDMENT.  Section 55.1722(a), Education Code, 
is amended to read as follows:
	(a)  In addition to the other authority granted by this 
subchapter, the board of regents of The University of Texas System 
may acquire, purchase, construct, improve, renovate, enlarge, or 
equip property, buildings, structures, facilities, roads, or 
related infrastructure for the following institutions to be 
financed by the issuance of bonds in accordance with this 
subchapter, including bonds issued in accordance with its 
systemwide revenue financing program and secured as provided by 
that program in aggregate principal amounts not to exceed the 
following amounts:
		(1)  [The University of Texas at Arlington, $16 
million;   
		[(2)]  The University of Texas at Austin, $12.5 
million;   
		(2) [(3)]  The University of Texas at Brownsville, 
$22.5 million;
		(3) [(4)]  The University of Texas at Dallas, $5 
million;
		(4) [(5)]  The University of Texas at El Paso, $14 
million;
		(5) [(6)]  The University of Texas--Pan American, $17 
million;
		(6) [(7)]  The University of Texas of the Permian 
Basin, $25.8 million;
		(7) [(8)]  The University of Texas at San Antonio, $50 
million;
		(8) [(9)]  The University of Texas at Tyler, $9.5 
million;
		(9) [(10)]  The University of Texas Southwestern 
Medical Center at Dallas, $20 million;
		(10) [(11)]  The University of Texas Health Science 
Center at Houston, $17.5 million; and
		(11) [(12)] the Lower Rio Grande Valley Academic Health 
Center, $30 million, if that institution is established.
	SECTION 13.  AMENDMENT.  Section 55.1732(a), Education Code, 
is amended to read as follows:
	(a)  In addition to the other authority granted by this 
subchapter, the board of regents of The University of Texas System 
may issue in accordance with this subchapter and in accordance with 
a systemwide revenue financing program adopted by the board bonds 
for the following institutions not to exceed the following 
aggregate principal amounts to finance projects specified as 
follows:
		(1)  [The University of Texas at Arlington, $16,635,945 
to construct a science building;
		[(2)]  The University of Texas at Brownsville, 
$26,010,000 to construct a life and health science and education 
facility (Phase II) and to procure and install permanent equipment 
and other fixtures in the facility;
		(2) [(3)]  The University of Texas at Dallas, 
$21,993,750 to renovate Founders Hall, Founders Annex, and Berkner 
Hall;
		(3) [(4)]  The University of Texas at El Paso, 
$12,750,000 to construct a biomedical and health sciences research 
center;
		(4) [(5)]  The University of Texas--Pan American, 
$29,950,000 for education complex, library, and multipurpose 
center renovation and construction;
		(5) [(6)]  The University of Texas of the Permian 
Basin, $5,610,000 for integrated Mesa Building renovations and 
gymnasium renovations;
		(6) [(7)]  The University of Texas at San Antonio, 
$22,950,000 to construct a science building on the main campus;
		(7) [(8)]  The University of Texas at Tyler, 
$20,910,000 to construct an engineering, sciences, and technology 
building and make other physical plant improvements;
		(8) [(9)]  The University of Texas Southwestern 
Medical Center at Dallas, $40 million for North Campus phase IV 
construction;
		(9) [(10)]  The University of Texas Medical Branch at 
Galveston, $20 million to renovate and expand research facilities;
		(10) [(11)]  The University of Texas Health Science 
Center at Houston, $19,550,000 to construct a classroom building;
		(11) [(12)]  The University of Texas Health Science 
Center at San Antonio, $28.9 million to construct a facility for 
student services and academic administration and to construct and 
develop a facility at the Laredo Extension Campus for educational 
and administrative purposes;
		(12) [(13)] the Regional Academic Health Center 
established under Section 74.611, $25.5 million to construct a 
teaching and learning laboratory in or near the city of Harlingen;
		(13) [(14)]  The University of Texas Health Center at 
Tyler, $11,513,250 to construct a biomedical research center 
addition;  and
		(14) [(15)]  The University of Texas M. D. Anderson 
Cancer Center, $20 million to construct a basic sciences research 
building.
	SECTION 14.  AMENDMENT.  Subchapter B, Chapter 55, Education 
Code, is amended by adding Section 55.17394 to read as follows:
	Sec. 55.17394.  THE UNIVERSITY OF TEXAS AT ARLINGTON.  (a) In 
addition to the other authority granted by this subchapter, the 
board of regents of The University of Texas at Arlington may 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.  
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 The University of Texas at Arlington were 
authorized to be issued under Section 55.1722 or 55.1732, as 
applicable.
	(b)  The board may pledge irrevocably to the payment of the 
bonds all or any part of the revenue funds of The University of 
Texas at Arlington, 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.
	(c)  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 may be used to renovate existing structures 
and facilities at the university.
	SECTION 15.  AMENDMENT.  Section 65.02(a), Education Code, 
is amended to read as follows:
	(a)  The University of Texas System is composed of the 
following institutions and entities:
		(1)  [The University of Texas at Arlington, including:       
			[(A)  The University of Texas Institute of Urban 
Studies at Arlington; and
			[(B)  The University of Texas School of Nursing at 
Arlington;
		[(2)]  The University of Texas at Austin, including:         
			(A)  The University of Texas Marine Science 
Institute;                     
			(B)  The University of Texas McDonald Observatory 
at Mount Locke;  and     
			(C)  The University of Texas School of Nursing at 
Austin;                  
		(2) [(3)]  The University of Texas at Dallas;         
		(3) [(4)]  The University of Texas at El Paso, 
including The University of Texas School of Nursing at El Paso;
		(4) [(5)]  The University of Texas of the Permian 
Basin;
		(5) [(6)]  The University of Texas at San Antonio, 
including the University of Texas Institute of Texan Cultures at 
San Antonio;
		(6) [(7)]  The University of Texas Southwestern 
Medical Center at Dallas, including:
			(A)  The University of Texas Southwestern Medical 
School at Dallas;        
			(B)  The University of Texas Southwestern 
Graduate School of Biomedical Sciences at Dallas; and
			(C)  The University of Texas Southwestern Allied 
Health Sciences School at Dallas;
		(7) [(8)]  The University of Texas Medical Branch at 
Galveston, including:
			(A)  The University of Texas Medical School at 
Galveston;                  
			(B)  The University of Texas Graduate School of 
Biomedical Sciences at Galveston;
			(C)  The University of Texas School of Allied 
Health Sciences at Galveston;
			(D)  The University of Texas Marine Biomedical 
Institute at Galveston;     
			(E)  The University of Texas Hospitals at 
Galveston; and                   
			(F)  The University of Texas School of Nursing at 
Galveston;               
		(8) [(9)]  The University of Texas Health Science 
Center at Houston, including:
			(A)  The University of Texas Medical School at 
Houston;                    
			(B)  The University of Texas Dental Branch at 
Houston;                     
			(C)  The University of Texas Graduate School of 
Biomedical Sciences at Houston;
			(D)  The University of Texas School of Health 
Information Sciences at Houston;
			(E)  The University of Texas School of Public 
Health at Houston;           
			(F)  The University of Texas Speech and Hearing 
Institute at Houston; and  
			(G)  The University of Texas School of Nursing at 
Houston;                 
		(9) [(10)]  The University of Texas Health Science 
Center at San Antonio, including:
			(A)  The University of Texas Medical School at San 
Antonio;                
			(B)  The University of Texas Dental School at San 
Antonio;                 
			(C)  The University of Texas Graduate School of 
Biomedical Sciences at San Antonio;
			(D)  The University of Texas School of Allied 
Health Sciences at San Antonio; and
			(E)  The University of Texas School of Nursing at 
San Antonio; and  
		(10) [(11)]  The University of Texas M. D. Anderson 
Cancer Center, including:
			(A)  The University of Texas M. D. Anderson 
Hospital;                      
			(B)  The University of Texas M. D. Anderson Tumor 
Institute; and           
			(C)  The University of Texas M. D. Anderson 
Science Park.                  
	SECTION 16.  REPEALER.  (a)  Chapter 68, Education Code, is 
repealed.        
	(b)  Section 54.5122(h), Education Code, is repealed.                          
	SECTION 17.  INITIAL APPOINTMENTS.  The governor shall make 
the initial appointments to the board of regents of The University 
of Texas at Arlington not later than January 1, 2004.  In making the 
initial appointments to the board of regents of The University of 
Texas at Arlington, the governor shall 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)  Except as provided by 
Subsection (b) of this section, this Act takes effect September 1, 
2003.
	(b)  Subchapters C and D, Chapter 112, Education Code, as 
added by this Act, and Sections 8 through 16 of this Act take effect 
September 1, 2004.