By:  Zaffirini                                                    S.B. No. 46 

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, 55.17591, and 55.17592 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 and facilities not to exceed the following aggregate principal amounts for the projects specified as follows: (1) Prairie View A&M University: (A) $15 million for deferred maintenance; and (B) $10,097,000 for the Child and Family Development Center; (2) Tarleton State University: (A) $12,360,000 for the Tarleton State University Dairy Center; (B) $27 million for a nursing building; and (C) $27 million for the central plant loop; (3) Texas A&M University--Central Texas, $45 million for educational and related facilities; (4) Texas A&M University--Commerce: (A) $21,770,000 for a music building; and (B) $16 million for the renovation of the library; (5) Texas A&M University--Corpus Christi: (A) $20 million for a College of Business academic facility; (B) $50 million for a nursing, health sciences, and kinesiology facility; (C) $10 million for a library addition; and (D) $10 million for the performing arts center (phase II); (6) Texas A&M University--Kingsville: (A) $10,600,000 for the citrus center building; (B) $17,600,000 for a natural resources building; (C) $6,300,000 for campuswide renovation, including Rhode Hall; and (D) $8,450,000 for a music building; (7) Texas A&M University--San Antonio, $91,715,000 for educational and related facilities; (8) Texas A&M University--Texarkana, $75 million for a multipurpose library building and central plant; (9) West Texas A&M University: (A) $10,581,000 for agriculture/nursing building renovation; and (B) $18 million for classroom center renovation; (10) The Texas A&M University System Health Science Center: (A) $51,562,500 for a nursing and health professions education center; (B) $45 million for a medical education and research building; and (C) $60 million for a dental education and research building; (11) Texas A&M University: (A) $75 million for the Emerging Technologies Interdisciplinary Building; and (B) $75 million for the Engineering Science Interdisciplinary Building; (12) Texas A&M University at Galveston, $50 million for a science building; and (13) Texas A&M International University: (A) $25 million for the student success center; (B) $8,474,000 for Loop Road and Chill Water Loop; (C) $5,500,000 for the completion of the fine arts theater; and (D) $1,026,000 for the completion of kinesiology 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 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, $70,430,000 for an Engineering Research Building; (2) The University of Texas at Austin, $105 million for the renovation of the Experimental Science Building; (3) The University of Texas at Brownsville, $33,800,000 for a Science and Technology Learning Center; (4) The University of Texas at Dallas: (A) $27 million for a math, science, and engineering teaching-learning center; (B) $23,650,000 for a student services building; (C) $85 million for a natural science and engineering research building; (D) $9 million for the second floor and basement renovation of the McDermott Library; (E) $15 million for vivarium and experimental space; (F) $23 million for campus infrastructure; and (G) $8 million for vehicular traffic infrastructure; (5) The University of Texas at El Paso: (A) $85 million for a physical sciences/engineering core facility; and (B) $70 million for the College of Health Sciences complex; (6) The University of Texas--Pan American: (A) $7,500,000 for the Starr County Upper Level Center; (B) $16,400,000 for a research facility addition to the science complex; (C) $15,500,000 for the College of Business addition and alterations; and (D) $49,745,000 for the fine arts academic and performance complex; (7) The University of Texas of the Permian Basin: (A) $54 million for a science and technology complex; and (B) $45 million for an arts convocation and classroom facility at the CEED; (8) The University of Texas at San Antonio: (A) $75 million for a math, science, and technology classroom building; and (B) $90 million for an engineering building (phase II); (9) The University of Texas Southwestern Medical Center at Dallas, $42 million for the north campus (phase 5); (10) The University of Texas Medical Branch at Galveston, $57 million for the Galveston National Laboratory; (11) The University of Texas Health Science Center at Houston: (A) $41,100,000 for a biomedical research and education facility; (B) $60 million for a replacement building for The University of Texas Dental Branch at Houston; and (C) $15 million for research expansion (phase 3) of the School of Public Health; (12) The University of Texas Health Science Center at San Antonio: (A) $60 million for the South Texas Research Facility; (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, $26,400,000 for an academic health center; (14) The University of Texas M. D. Anderson Cancer Center, $40 million for a Center for Targeted Therapy research building; and (15) The University of Texas at Tyler: (A) $7 million for the expansion of the Palestine campus; (B) $6 million for the expansion of the Longview University Center; (C) $35 million for a classroom building; (D) $48 million for the completion, renovation, and expansion of engineering and sciences facilities; (E) $1,140,000 for the renovation of the Cowan Center; and (F) $1,860,000 for the renovation of the physical plant. (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: (A) $86 million for the Texas Medical Center Teaching and Research Center; (B) $64 million for renovation of science laboratories; (C) $37 million for the J. Davis Armistead optometry addition and neuroscience research facilities; and (D) $33 million for Bauer College of Business building addition; (2) the University of Houston--Clear Lake: (A) $11,783,120 for arbor renovations and additions; (B) $3,472,230 for an animal care facility (vivarium); and (C) $1,704,805 for police department administration facilities; (3) the University of Houston--Downtown: (A) $35,140,000 for a classroom building at Shea Street; (B) $16 million for the Northwest Corridor Teaching Center; and (C) $3,500,000 for library expansion; and (4) the University of Houston--Victoria: (A) $22,900,000 for an academic building at the University of Houston System Center at Sugarland; (B) $7,564,000 for student and administrative support facilities; (C) $7,466,000 for regional economic development; and (D) $1,800,000 for allied health 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 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: (A) $13,725,000 for infrastructure improvements; (B) $4,770,000 for administrative building renovation; (C) $4 million for property acquisitions; (D) $2,100,000 for the Hardeman One-Stop Center; (E) $1,500,000 for the archive warehouse; (F) $1 million for fire and safety upgrades; and (G) $750,000 for campus signage; (2) Lamar University: (A) $10 million for a facilities management complex; (B) $7 million for an administration services building; (C) $6 million for renovations and additions to the Hayes biology facility; (D) $5 million for renovations and additions to the Lucas Engineering Building; (E) $4 million for renovation of the music building; (F) $4 million for renovation of the Tom Maes Building; (G) $3 million for renovations and additions to the university theatre; (H) $2,500,000 for renovation of the art building; and (I) $2,500,000 for renovation of the health and human performance complex; (3) Lamar Institute of Technology, $4,200,000 for the renovation of technical arts facilities; (4) Lamar State College--Orange, $1,837,280 for Hibernia acquisition; (5) Lamar State College--Port Arthur: (A) $2,055,000 for a computer/learning center; and (B) $1,500,000 for the campus central plant; (6) Sul Ross State University: (A) $2 million for the renovation and conversion of Lawrence Hall; (B) $4,845,000 for the renovation of the Industrial Technology Building; and (C) $3,800,000 for the renovation and replacement of underground utilities; (7) Texas State University--San Marcos: (A) $42,700,000 for an undergraduate academic center; (B) $37,250,000 for a fine arts and communications center; and (C) $40 million for facilities for the Round Rock Higher Education Center in Williamson County (phase II); and (8) Sam Houston State University, $10 million for the construction of a center for the performing arts (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 and facilities not to exceed the following aggregate principal amounts for the projects specified as follows: (1) the University of North Texas: (A) $30 million for a utility plant; (B) $30 million for a life science building; and (C) $50 million for the construction of a College of Business administration building; (2) the University of North Texas Health Science Center at Fort Worth, $41,972,400 for campus expansion and construction of a public health education building; (3) the University of North Texas Law School, $20,200,000 for educational and related facilities; and (4) the University of North Texas Dallas Campus, $38 million for a general academic 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 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 renovations and additions to the science building on the Denton campus of 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 $24,155,235. (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 acquire, purchase, construct, improve, renovate, enlarge, or equip facilities, including roads and related infrastructure, for projects at Midwestern State University, to be financed through the issuance of bonds in accordance with this subchapter not to exceed the following aggregate principal amounts for the projects specified as follows: (1) $10,700,000 for the renovation of the D. L. Ligon Building; (2) $3 million for the Performing Arts Center; (3) $3 million for the Fowler Engineering Building; (4) $1,500,000 for university parking lots and road repair; (5) $1 million for the renovation of Bolin Science Hall; (6) $500,000 for the repair and replacement of campus roofs; and (7) $300,000 for the renovation of the McGaha 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 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, for projects at Stephen F. Austin University, to be financed through the issuance of bonds in accordance with this subchapter not to exceed the following aggregate principal amounts for the projects specified as follows: (1) $25,222,500 for an education research facility; (2) $19,450,000 for a physical plant/campus services complex; (3) $17,725,000 for a campus deferred maintenance reduction plan; (4) $14,483,000 for a nursing building; and (5) $6,274,500 for the renovation of the Stephen F. Austin Theater. (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) $95 million for the El Paso Medical Science Building II; (B) $20 million for the biomedical research facility; (C) $12 million for the Amarillo research facility; (D) $8,900,000 for the School of Pharmacy expansion in Amarillo; (E) $7 million for the El Paso Medical Science Building I fit out and backfill renovation; and (F) $4,600,000 for the School of Pharmacy in Dallas; and (2) Texas Tech University: (A) $50 million for a classroom modernization project; (B) $50 million for the expansion and renovation of College of Engineering facilities; (C) $25 million for the renovation of a classroom building; (D) $25 million for the Rawls College of Business Administration building; and (E) $7,500,000 for a law school trial advocacy/education center. (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 projects at Texas Southern University, to be financed through the issuance of bonds in accordance with this subchapter not to exceed the following aggregate principal amounts for the projects specified as follows: (1) $46 million for the Robert Terry Library; (2) $45 million for a fine arts building; (3) $35 million for the School of Science and Technology; (4) $33 million for a campus infrastructure project; (5) $30 million for a multipurpose Academic Center (MAC); (6) $15 million for deferred maintenance projects; and (7) $5 million for a research center on human and materials science performance. (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. Sec. 55.17592. TEXAS STATE TECHNICAL COLLEGE SYSTEM. (a) In addition to the other authority granted by this subchapter, the board of regents of the Texas State Technical College System may acquire, purchase, construct, improve, renovate, enlarge, or equip property, buildings, structures, facilities, roads, or related infrastructure for projects to be financed by 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) Texas State Technical College--Harlingen: (A) $4 million for the construction of an academic building; (B) $1,410,000 for the construction of streets; (C) $1,115,000 for the demolition of World War II era buildings and portable buildings; (D) $760,000 for the development of sidewalks, landscaping, lighting, and irrigation; and (E) $200,000 for the development of signage and wayfinding; (2) Texas State Technical College--Marshall, $2,300,000 for a diesel equipment technology building; (3) Texas State Technical College--Waco: (A) $10 million for a learning services center; (B) $4,000,500 for lighting and utility replacement; and (C) $3,472,800 for HVAC replacement; and (4) Texas State Technical College--West Texas: (A) $1,972,575 for remodeling the Brownwood Center; and (B) $1,811,758 for remodeling the Abilene Center. (b) The board may pledge irrevocably to the payment of those bonds all or any part of the revenue funds of an institution, branch, or entity of the Texas State Technical College 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 Technical College 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. 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 55.1751-55.17592, 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 55.1751-55.17592, 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, 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. This Act does not affect any authority or restriction regarding the activities that a public institution of higher education may conduct in connection with a facility financed by bonds authorized by this Act. SECTION 7. 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.