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.