79S20037 KSD-D
By: Morrison H.B. No. 6
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the issuance of revenue bonds or other
obligations to fund capital projects at public institutions of
higher education; making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 55, Education Code, is
amended by adding Sections 55.1751, 55.1752, 55.1753, 55.1754,
55.1755, 55.1756, 55.1757, 55.1758, 55.1759, and 55.17591 to read
as follows:
Sec. 55.1751. THE TEXAS A&M UNIVERSITY SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of The Texas A&M University System
may acquire, purchase, construct, improve, renovate, enlarge, or
equip facilities, including roads and related infrastructure, for
projects to be financed through the issuance of bonds in accordance
with this subchapter and in accordance with a systemwide revenue
financing program adopted by the board for the following
institutions not to exceed the following aggregate principal
amounts for the projects specified as follows:
(1) Prairie View A&M University:
(A) $3,656,390 for a solar observatory; and
(B) $9,946,577 for the Child and Family
Development Center;
(2) Tarleton State University:
(A) $8 million for the Tarleton State University
Dairy Center; and
(B) $48 million for the Tarleton State University
nursing program facilities, the Tarleton Research Park, and the
Tarleton State University central physical plant and campus piping
loop for distribution of utilities;
(3) Tarleton State University System Center--Central
Texas, $45 million for educational facilities for the Tarleton
State University System Center--Central Texas at the location that
may become Texas A&M University--Central Texas;
(4) Texas A&M University--Commerce, $37,770,000 for a
music building and for the James G. Gee Library;
(5) Texas A&M University--Corpus Christi, $58 million
for a kinesiology and wellness center, a college of business
academic facility, and facilities for the distribution of
utilities;
(6) Texas A&M University--Kingsville:
(A) $80 million for System Center--San Antonio
for educational-related facilities at the location proposed for
Texas A&M University--San Antonio;
(B) $26 million for the South Texas natural
resource management facilities;
(C) $22 million for campuswide improvements; and
(D) $6 million for the music building addition;
(7) Texas A&M University--Texarkana, $65 million for
educational and support facilities;
(8) West Texas A&M University, $28,580,500 for
educational facilities;
(9) The Texas A&M University Health Science Center:
(A) $7,250,000 for the dentistry sciences
building of the Baylor College of Dentistry; and
(B) $40 million for educational facilities for
the College of Medicine;
(10) Texas A&M University, $100 million for the
Emerging Technologies and Economic Development Building;
(11) Texas A&M University at Galveston, $50 million
for a new science building; and
(12) Texas A&M International University:
(A) $26 million for the student success center;
(B) $10 million for a border center for homeland
security;
(C) $8 million for infrastructure development;
and
(D) $4 million for a support services facility.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of The Texas A&M University
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.
(c) 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 Texas A&M
University 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.
Sec. 55.1752. THE UNIVERSITY OF TEXAS SYSTEM; ADDITIONAL
BONDS. (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 facilities, including roads and related infrastructure, for
projects to be financed through the issuance of bonds in accordance
with this subchapter and in accordance with a systemwide revenue
financing program adopted by the board for the following
institutions not to exceed the following aggregate principal
amounts for the projects specified as follows:
(1) The University of Texas at Arlington, $76,600,000
for educational and related facilities, including an Engineering
Research Building and the renovation of three engineering
facilities;
(2) The University of Texas at Austin, $75 million for
the Experimental Science Building;
(3) The University of Texas at Brownsville,
$46,300,000 for educational and related facilities, including a
classroom, laboratory, and office building;
(4) The University of Texas at Dallas, $55 million for
educational and related facilities, including an administration
building and renovation of Green Hall and Jonsson Hall;
(5) The University of Texas at El Paso:
(A) $65 million for educational and related
facilities, including existing facilities in need of renovation,
repair, or completion; and
(B) $70 million for educational and related
facilities, including facilities for the College of Health Sciences
complex;
(6) The University of Texas--Pan American:
(A) $7,500,000 for The University of Texas--Pan
American South Texas College Multi-Institution Teaching Center in
Starr County to address the need for facilities in the Rio Grande
Valley high growth corridor; and
(B) $29,900,000 for the construction and
renovation of academic infrastructure to accommodate student and
faculty population growth;
(7) The University of Texas of the Permian Basin, $54
million for educational and related facilities, including a campus
convocation center and a science and technology complex;
(8) The University of Texas at San Antonio:
(A) $50 million for the Loop 1604 Campus Academic
Building (phase IV);
(B) $72 million for an engineering building
(phase II);
(C) $50 million for the downtown campus
architecture building; and
(D) $17 million for completion of Phase V
construction at the downtown campus;
(9) The University of Texas Southwestern Medical
Center at Dallas, $63 million for facilities to be used primarily to
conduct biomedical research;
(10) The University of Texas Medical Branch at
Galveston, $57 million for facilities for the National
Biocontainment Laboratory;
(11) The University of Texas Health Science Center at
Houston:
(A) $41,100,000 for facilities to be used
primarily to conduct biomedical research;
(B) $60 million for educational, clinical,
administrative, and research facilities for The University of Texas
Dental Branch at Houston; and
(C) $15 million for educational and related
facilities;
(12) The University of Texas Health Science Center at
San Antonio:
(A) $60 million for the South Texas Research
Tower;
(B) $20 million for a center for academic
medicine and clinical research; and
(C) $20 million for a faculty office building;
(13) The University of Texas Health Science Center at
Tyler, $32,400,000 for educational and related facilities,
including an academic center;
(14) The University of Texas M. D. Anderson Cancer
Center, $40 million for educational and support facilities; and
(15) The University of Texas at Tyler, $51 million for
educational and support facilities.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section 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.
(c) 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.
Sec. 55.1753. UNIVERSITY OF HOUSTON SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of the University of Houston
System may acquire, purchase, construct, improve, renovate,
enlarge, or equip facilities, including roads and related
infrastructure, for the following institutions, to be financed
through the issuance of bonds in accordance with this subchapter
and in accordance with a systemwide revenue financing program
adopted by the board, in aggregate principal amounts not to exceed
the following:
(1) the University of Houston, $60 million;
(2) the University of Houston--Downtown, $30 million;
(3) the University of Houston--Clear Lake, $38
million; and
(4) the University of Houston--Victoria, $30 million.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of the University of Houston
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.
(c) 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 Houston 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.
Sec. 55.1754. TEXAS STATE UNIVERSITY SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of the Texas State University
System may acquire, purchase, construct, improve, renovate,
enlarge, or equip facilities, including roads and related
infrastructure, for projects to be financed through the issuance of
bonds in accordance with this subchapter and in accordance with a
systemwide revenue financing program adopted by the board for the
following institutions not to exceed the following aggregate
principal amounts for the projects specified as follows:
(1) Angelo State University, $24,500,000 for
constructing a warehouse, the renovation of campus buildings, and
land acquisition;
(2) Lamar University, $40 million for educational
facilities;
(3) Lamar Institute of Technology, $4,200,000 for
educational facilities;
(4) Lamar State College--Orange, $3,500,000 for
educational facilities;
(5) Lamar State College--Port Arthur, $3,500,000 for
educational facilities;
(6) Sul Ross State University:
(A) $7,500,000 for facilities in the Rio Grande
high growth corridor;
(B) $5,800,000 for the renovation of the
Industrial Technology Building and Lawrence Hall; and
(C) $3,820,000 for the renovation and
replacement of underground utilities;
(7) Texas State University--San Marcos:
(A) $45,461,248 for infrastructure repairs and
improvements;
(B) $47,700,000 for an undergraduate academic
center;
(C) $50 million for a fine arts and
communications center; and
(D) $40 million for facilities for educational
programs and supporting activities at the Round Rock Higher
Education Center in Williamson County and for facilities to be used
by other educational entities to further institutional efficiency
and coordinate educational programs at the center; and
(8) Sam Houston State University, $20 million for the
construction of a performing arts complex (phase I).
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of the Texas State University
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.
(c) 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 Texas State
University 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.
Sec. 55.1755. UNIVERSITY OF NORTH TEXAS SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of the University of North Texas
System may acquire, purchase, construct, improve, renovate,
enlarge, or equip facilities, including roads and related
infrastructure, for projects to be financed through the issuance of
bonds in accordance with this subchapter and in accordance with a
systemwide revenue financing program adopted by the board for the
following institutions not to exceed the following aggregate
principal amounts for the projects specified as follows:
(1) the University of North Texas, $94 million for
educational and support facilities;
(2) the University of North Texas Health Science
Center at Fort Worth, $42,100,000 for campus expansion and
construction of a public health education building; and
(3) the University of North Texas System Center at
Dallas, $25 million for the construction of a building for
classrooms, labs, and student support facilities necessary to
accommodate projected student population growth.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of the University of North 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.
(c) 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 North 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.
Sec. 55.1756. TEXAS WOMAN'S UNIVERSITY. (a) In addition to
the other authority granted by this subchapter, the board of
regents of Texas Woman's University may acquire, purchase,
construct, improve, renovate, enlarge, or equip facilities,
including roads and related infrastructure, for Texas Woman's
University, to be financed through the issuance of bonds in
accordance with this subchapter in an aggregate principal amount
not to exceed $44,500,000.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
Texas Woman's University, 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.
Sec. 55.1757. MIDWESTERN STATE UNIVERSITY; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of Midwestern State University may
issue bonds in accordance with this subchapter in an aggregate
principal amount not to exceed $10,395,000 to finance utility
infrastructure and campus renovations at Midwestern State
University.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
Midwestern State University, 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.
Sec. 55.1758. STEPHEN F. AUSTIN STATE UNIVERSITY. (a) In
addition to the other authority granted by this subchapter, the
board of regents of Stephen F. Austin State University may acquire,
purchase, construct, improve, renovate, enlarge, or equip
facilities, including roads and related infrastructure, at Stephen
F. Austin University, to be financed through the issuance of bonds
in accordance with this subchapter in an aggregate principal
amount not to exceed $65,450,000.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
Stephen F. Austin State University, 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.
Sec. 55.1759. TEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of the Texas Tech University
System may acquire, purchase, construct, improve, renovate,
enlarge, or equip facilities, including roads and related
infrastructure, for projects to be financed through the issuance of
bonds in accordance with this subchapter and in accordance with a
systemwide revenue financing program adopted by the board not to
exceed the following aggregate principal amounts for the projects
specified as follows:
(1) Texas Tech University Health Sciences Center:
(A) $13,500,000 for educational and related
facilities in the city of Midland for the Permian Basin OB-GYN
residency program, the physician's assistant program, and the
internal medicine residency program;
(B) $9 million for the medical science building
for the Texas Tech University Health Sciences Center in El Paso; and
(C) $11,250,000 for the pharmacy education
building expansion for the Texas Tech University Health Sciences
Center in Amarillo; and
(2) Texas Tech University, $56 million for educational
and related facilities including a College of Business building,
renovation of classroom buildings, and an addition to the School of
Law building.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of the Texas Tech University
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.
(c) 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 Texas Tech
University 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.
Sec. 55.17591. TEXAS SOUTHERN UNIVERSITY; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of Texas Southern University may
acquire, purchase, construct, improve, renovate, enlarge, or equip
facilities, including roads and related infrastructure, for a
multipurpose university center, a fine arts building, a building
for the school of technology, the Robert J. Terry Library, and
deferred maintenance of campus facilities and infrastructure, to be
financed through the issuance of bonds in accordance with this
subchapter in an aggregate principal amount not to exceed
$109,560,000.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
Texas Southern University, 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.
SECTION 2. Section 61.0572(e), Education Code, is amended
to read as follows:
(e) Approval of the board is not required to acquire real
property that is financed by bonds issued under Section 55.17(e)(3)
or (4), 55.1713-55.1718, 55.1721-55.1728, 55.1735(a)(1), 55.174,
55.1742, 55.1743, [or] 55.1744, or 55.1751-55.17591, except that
the board shall review all real property to be financed by bonds
issued under those sections to determine whether the property meets
the standards adopted by the board for cost, efficiency, and space
use. If the property does not meet those standards, the board shall
notify the governor, the lieutenant governor, the speaker of the
house of representatives, and the Legislative Budget Board.
SECTION 3. Section 61.058(b), Education Code, is amended to
read as follows:
(b) This section does not apply to construction, repair, or
rehabilitation financed by bonds issued under Section 55.17(e)(3)
or (4), 55.1713-55.1718, 55.1721-55.1728, 55.174, 55.1742,
55.1743, [or] 55.1744, or 55.1751-55.17591, except that the board
shall review all construction, repair, or rehabilitation to be
financed by bonds issued under those sections to determine whether
the construction, rehabilitation, or repair meets the standards
adopted by board rule for cost, efficiency, and space use. If the
construction, rehabilitation, or repair does not meet those
standards, the board shall notify the governor, the lieutenant
governor, the speaker of the house of representatives, and the
Legislative Budget Board.
SECTION 4. Section 1371.001(4), Government Code, as amended
by H.B. No. 647, Acts of the 79th Legislature, Regular Session,
2005, as effective June 18, 2005, and H.B. No. 2701, Acts of the
79th Legislature, Regular Session, 2005, as effective September 1,
2005, is amended to read as follows:
(4) "Issuer" means:
(A) a home-rule municipality that:
(i) adopted its charter under Section 5,
Article XI, Texas Constitution;
(ii) has a population of 50,000 or more; and
(iii) has outstanding long-term
indebtedness that is rated by a nationally recognized rating agency
for municipal securities in one of the four highest rating
categories for a long-term obligation;
(B) a conservation and reclamation district
created and organized as a river authority under Section 52,
Article III, or Section 59, Article XVI, Texas Constitution;
(C) a joint powers agency organized and operating
under Chapter 163, Utilities Code;
(D) a metropolitan rapid transit authority or
regional transportation authority created, organized, and
operating under Chapter 451 or 452, Transportation Code;
(E) a conservation and reclamation district
organized or operating as a navigation district under Section 52,
Article III, or Section 59, Article XVI, Texas Constitution;
(F) a district organized or operating under
Section 59, Article XVI, Texas Constitution, that has all or part of
two or more municipalities within its boundaries;
(G) a state agency, including a state institution
of higher education;
(H) a hospital authority created or operating
under Chapter 262 or 264, Health and Safety Code, in a county that:
(i) has a population of more than 3.3
million; or
(ii) is included, in whole or in part, in a
standard metropolitan statistical area of this state that includes
a county with a population of more than 2.2 million;
(I) a hospital district in a county that has a
population of more than two million;
(J) a nonprofit corporation organized to
exercise the powers of a higher education loan authority under
Section 53B.47(e), Education Code;
(K) a county:
(i) that has a population of 3.3 million or
more; or
(ii) that, on the date of issuance of
obligations under this chapter, has authorized, outstanding, or any
combination of authorized and outstanding, indebtedness of at least
$100 million secured by and payable from the county's ad valorem
taxes and the authorized long-term indebtedness of which is rated
by a nationally recognized rating agency of securities issued by
local governments in one of the four highest rating categories for a
long-term obligation;
(L) an independent school district that has an
average daily attendance of 50,000 or more as determined under
Section 42.005, Education Code;
(M) a municipality or county operating under
Chapter 334, Local Government Code; [or]
(N) a district created under Chapter 335, Local
Government Code; or
(O) a junior college district that has a total
headcount enrollment of 40,000 or more based on enrollment in the
most recent regular semester.
SECTION 5. There is hereby appropriated to the respective
institutions of higher education $108,000,000 in General Revenue
for the 2006-07 biennium for the purpose of paying debt service on
the bonds authorized by this Act. The debt service appropriations
shall be transferred to affected institutions of higher education
based on a plan developed by the Texas Higher Education
Coordinating Board and approved by the Legislative Budget Board.
SECTION 6. (a) Except as provided by Subsection (b), 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 on the
91st day after the last day of the legislative session.
(b) Section 4 of this Act takes effect September 1, 2005, if
this Act 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 that vote, Section 4 of
this Act takes effect on the 91st day after the last day of the
legislative session.