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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of Angelo State University to the Texas |
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Tech University System. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. AMENDMENT. Subtitle F, Title 3, Education Code, |
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is amended by adding Chapter 109A to read as follows: |
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CHAPTER 109A. ANGELO STATE UNIVERSITY |
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Sec. 109A.001. ESTABLISHMENT; SCOPE. (a) Angelo State |
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University is a general academic teaching institution located in |
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the city of San Angelo. |
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(b) The university is a component institution of the Texas |
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Tech University System and is under the management and control of |
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the board of regents of the Texas Tech University System. The board |
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of regents has the same powers and duties concerning Angelo State |
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University as are conferred on the board by statute concerning |
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Texas Tech University and Texas Tech University Health Sciences |
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Center. |
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Sec. 109A.002. COURSES AND DEGREES; RULES; AFFILIATION |
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AGREEMENTS; JOINT APPOINTMENTS. (a) The board of regents, with |
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the approval of the Texas Higher Education Coordinating Board, may |
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prescribe courses at the university leading to customary degrees as |
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are offered at leading American educational institutions and may |
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award those degrees, including baccalaureate, master's, and |
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doctoral degrees and their equivalents. |
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(b) A new department, school, or degree program may not be |
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instituted at the university without the prior approval of the |
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Texas Higher Education Coordinating Board. |
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(c) The board of regents shall adopt rules for the |
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operation, control, and management of the university as may be |
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necessary for the conduct of the university as one of the first |
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class. |
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(d) The board of regents may enter into an affiliation or |
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coordination agreement with any other entity or institution in this |
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state to further the purposes of the university. |
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(e) The board of regents may make joint faculty appointments |
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in Angelo State University and in other institutions under its |
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governance. The board may make a joint faculty appointment in |
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Angelo State University concurrently with the appointment of the |
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faculty member by another institution of higher education in |
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accordance with an affiliation agreement described by Subsection |
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(d). The salary of a person who receives a joint appointment shall |
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be apportioned to the appointing institutions on the basis of |
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services rendered. |
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Sec. 109A.003. OBLIGATIONS AND BENEFITS OF STATE LAW. The |
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university is subject to the obligations and entitled to the |
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benefits of all laws of this state applicable to all other state |
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institutions of higher education, except that this subchapter |
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prevails to the extent of any conflict between this subchapter and |
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any other law of this state. |
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Sec. 109A.004. MILITARY TRAINING. The university may not |
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require a student to participate in military training as a |
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condition for admission to or graduation from the university. |
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SECTION 2. TRANSFER OF GOVERNANCE OF UNIVERSITY. The |
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governance, control, management, and property of Angelo State |
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University are transferred from the board of regents of the Texas |
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State University System to the board of regents of the Texas Tech |
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University System. The transfer is governed by Sections 3 through 7 |
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of this Act. |
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SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. |
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(a) When the transfer takes effect, the board of regents of the |
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Texas Tech University System shall govern, operate, manage, and |
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control Angelo State University and all land, buildings, |
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facilities, improvements, equipment, supplies, and property |
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belonging to and constituting Angelo State University under the |
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powers and duties conferred by law on the board of regents. |
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(b) Rules and policies adopted by the board of regents of |
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the Texas State University System to govern the university that are |
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in effect when the transfer takes effect are continued in effect |
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until adopted, repealed, or superseded by the board of regents of |
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the Texas Tech University System. The board of regents of the Texas |
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Tech University System may adopt rules and policies applicable to |
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the university in anticipation of the transfer authorized by this |
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Act. |
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SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS, INCLUDING |
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BONDS. Contracts and written obligations of every kind and |
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character entered into by the board of regents of the Texas State |
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University System for and on behalf of Angelo State University, |
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including bonds, are considered ratified, confirmed, and validated |
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by the board of regents of the Texas Tech University System on the |
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effective date of the transfer. In those contracts and written |
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obligations, the board of regents of the Texas Tech University |
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System is substituted for and stands and acts in the place of the |
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board of regents of the Texas State University System to the extent |
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permitted by law. |
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SECTION 5. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES. |
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(a) The transfer of the governance of Angelo State University |
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under this Act does not affect the status of any student of the |
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university. |
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(b) The transfer of the governance of Angelo State |
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University under this Act does not affect the employment status or |
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accrued benefits of a person employed by the university when the |
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transfer takes effect. |
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SECTION 6. CURRENT FUNDING. All funds that, on the |
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effective date of the transfer, have been appropriated or dedicated |
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to or are held for the use and benefit of Angelo State University |
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under the governance of the board of regents of the Texas State |
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University System are transferred to the board of regents of the |
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Texas Tech University System for the use and benefit of Angelo State |
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University. |
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SECTION 7. LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD. |
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It is the intent of the legislature that the transfer of the |
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governance of Angelo State University from the board of regents of |
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the Texas State University System to the board of regents of the |
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Texas Tech University System be made without disrupting the |
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students, faculty, staff, or programs of the university. If those |
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boards of regents are unable to agree as to any matter relating to |
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the transfer, the Texas Higher Education Coordinating Board on |
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application of either board of regents shall resolve the |
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disagreement consistent with the intent of this section and the |
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provisions of this Act as the coordinating board determines is in |
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the best interest of this state and the institutions under the |
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governance of the boards of regents. The coordinating board may |
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issue any orders or take any other action the coordinating board |
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considers appropriate to enforce this section or to facilitate the |
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transfer consistent with this Act and the intent of the |
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legislature. |
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SECTION 8. AMENDMENT. Subsection (a), Section 55.1724, |
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Education Code, is amended to read as follows: |
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(a) In addition to the other authority granted by this |
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subchapter, the board of regents of the Texas State University |
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System may acquire, purchase, construct, improve, renovate, |
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enlarge, or equip property, buildings, structures, facilities, |
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roads, or related infrastructure for the following institutions to |
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be financed by the issuance of bonds in accordance with this |
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subchapter and in accordance with a systemwide revenue financing |
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program adopted by the board in aggregate principal amounts not to |
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exceed the following: |
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(1) [Angelo State University, $20 million;
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[(2)] Lamar University--Beaumont, $8 million; |
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(2) [(3)] Lamar Institute of Technology, $2 million; |
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(3) [(4)] Lamar State College--Orange, $3.5 million; |
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(4) [(5)] Lamar State College--Port Arthur, $2.75 |
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million; |
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(5) [(6)] Sam Houston State University, $7.5 million; |
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(6) [(7)] Texas State University--San Marcos, $19.7 |
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million; and |
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(7) [(8)] Sul Ross State University, $17.5 million. |
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SECTION 9. AMENDMENT. Subsection (a), Section 55.1734, |
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Education Code, is amended to read as follows: |
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(a) In addition to the other authority granted by this |
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subchapter, the board of regents of the Texas State University |
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System may issue in accordance with this subchapter and in |
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accordance with a systemwide revenue financing program adopted by |
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the board bonds for the following institutions not to exceed the |
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following aggregate principal amounts to finance projects |
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specified as follows: |
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(1) [Angelo State University, $16,917,550 to expand
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and renovate institutional facilities;
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[(2)] Lamar University--Beaumont, $21,792,096 to |
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renovate and repair campus buildings; |
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(2) [(3)] Lamar Institute of Technology, $5,301,960 |
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to renovate Gentry Hall and convert it to classroom and laboratory |
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use; |
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(3) [(4)] Lamar State College--Orange, $2,125,000 for |
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campus landscaping, renovation of the old library for physical |
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plant purposes, renovation of the Main Building and Electronics |
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Commerce Resource Center, and demolition of the old physical plant |
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building; |
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(4) [(5)] Lamar State College--Port Arthur, |
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$7,650,000 to construct a performing arts and classroom building |
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and to expand the Gates Memorial Library and develop an adjacent |
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plaza; |
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(5) [(6)] Sam Houston State University, $18 million to |
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renovate and expand the Farrington Building; |
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(6) [(7)] Texas State University--San Marcos, |
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$18,436,500 to construct a business building; and |
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(7) [(8)] Sul Ross State University, $15,175,000 to |
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renovate and expand the range animal science facility and science |
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building annex and to carry out other building renovations. |
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SECTION 10. AMENDMENT. Subchapter B, Chapter 55, Education |
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Code, is amended by adding Section 55.1769 to read as follows: |
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Sec. 55.1769. ANGELO STATE UNIVERSITY. (a) In addition to |
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the other authority granted by this subchapter, the board of |
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regents of the Texas Tech University System may issue bonds in |
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accordance with this subchapter in the aggregate principal amounts |
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not to exceed the amounts previously authorized for Angelo State |
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University by Sections 55.1724 and 55.1734, as those sections |
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existed immediately before this section took effect, less any |
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portion of those amounts for which bonds were issued under those |
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sections for the university before the date this section took |
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effect. Subject to Subsection (d), bonds issued under this section |
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for an amount previously authorized by Section 55.1724 or 55.1734 |
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may be used only at Angelo State University for the purposes for |
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which the bonds for Angelo State University were authorized to be |
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issued under Section 55.1724 or 55.1734, as applicable. |
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(b) The board may pledge irrevocably to the payment of those |
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bonds all or any part of the revenue funds of an institution, |
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branch, or entity of the Texas Tech University System, including |
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student tuition charges. The amount of a pledge made under this |
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subsection may not be reduced or abrogated while the bonds for which |
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the pledge is made, or bonds issued to refund those bonds, are |
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outstanding. |
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(c) If sufficient funds are not available to the board to |
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meet its obligations under this section, the board may transfer |
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funds among institutions, branches, and entities of the Texas Tech |
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University System to ensure the most equitable and efficient |
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allocation of available resources for each institution, branch, or |
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entity to carry out its duties and purposes. |
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(d) Any portion of the proceeds of bonds authorized by this |
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section for one or more specified projects that is not required for |
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the specified projects may be used to renovate existing structures |
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and facilities at the university. |
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SECTION 11. AMENDMENT. Subsection (a), Section 62.021, |
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Education Code, is amended to read as follows: |
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(a) In each state fiscal year beginning with the state |
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fiscal year ending August 31, 2008, an eligible institution is |
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entitled to receive an amount allocated in accordance with this |
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section from funds appropriated for that year by Section 17(a), |
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Article VII, Texas Constitution. The comptroller shall distribute |
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funds allocated under this subsection only on presentation of a |
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claim and issuance of a warrant in accordance with Section 403.071, |
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Government Code. The comptroller may not issue a warrant from any |
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funds allocated under this subsection before the delivery of goods |
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or services described in Section 17, Article VII, Texas |
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Constitution, except for the payment of principal or interest on |
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bonds or notes or for a payment for a book or other published |
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library material as authorized by Section 2155.386, Government |
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Code. The allocation of funds under this subsection is made in |
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accordance with an equitable formula consisting of the following |
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elements: space deficit, facilities condition, institutional |
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complexity, and a separate allocation for the Texas State Technical |
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College System. The annual amounts allocated by the formula are as |
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follows: |
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(1) $3,434,348 to Midwestern State University; |
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(2) $26,137,233 to the University of North Texas; |
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(3) $8,139,391 to the University of North Texas Health |
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Science Center at Fort Worth; |
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(4) $12,882,348 to The University of Texas--Pan |
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American; |
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(5) $4,186,790 to The University of Texas at |
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Brownsville; |
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(6) $7,025,771 to Stephen F. Austin State University; |
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(7) to the following component institutions of the |
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Texas State University System: |
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(A) $11,210,508 to Lamar University; |
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(B) $1,115,048 to Lamar State College--Orange; |
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(C) $1,190,119 to Lamar State College--Port |
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Arthur; |
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(D) [$3,585,802 to Angelo State University;
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[(E)] $9,916,306 to Sam Houston State |
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University; |
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(E) [(F)] $19,799,276 to Texas State |
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University--San Marcos; |
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(F) [(G)] $2,043,772 to Sul Ross State |
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University; and |
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(G) [(H)] $379,831 to Sul Ross State |
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University-Rio Grande College; |
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(8) $11,156,463 to Texas Southern University; |
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(9) to the following component institutions of the |
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Texas Tech University System: |
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(A) $26,829,477 to Texas Tech University; |
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(B) [(10)] $17,849,441 to Texas Tech University |
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Health Sciences Center; and |
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(C) $3,585,802 to Angelo State University; |
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(10) [(11)] $8,424,209 to Texas Woman's University; |
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(11) [(12)] to the following component institutions |
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of the University of Houston System: |
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(A) $35,276,140 to the University of Houston; |
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(B) $2,282,883 to the University of |
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Houston--Victoria; |
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(C) $6,001,337 to the University of |
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Houston--Clear Lake; and |
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(D) $9,628,151 to the University of |
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Houston--Downtown; |
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(12) [(13)] to the following component institutions |
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of The Texas A&M University System: |
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(A) $8,278,993 to Texas A&M University--Corpus |
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Christi; |
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(B) $3,130,211 to Texas A&M International |
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University; |
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(C) $5,052,232 to Texas A&M |
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University--Kingsville; |
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(D) $4,776,890 to West Texas A&M University; |
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(E) $5,345,678 to Texas A&M |
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University--Commerce; and |
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(F) $1,646,352 to Texas A&M |
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University--Texarkana; and |
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(13) [(14)] $5,775,000 to the Texas State Technical |
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College System Administration and the following component |
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campuses, but not its extension centers or programs: |
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(A) Texas State Technical College-Harlingen; |
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(B) Texas State Technical College--Marshall; |
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(C) Texas State Technical College--West Texas; |
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and |
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(D) Texas State Technical College--Waco. |
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SECTION 12. AMENDMENT. Section 501.022, Labor Code, is |
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amended to read as follows: |
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Sec. 501.022. EMPLOYEES OF COMPONENT INSTITUTIONS OF TEXAS |
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TECH UNIVERSITY SYSTEM [EMPLOYEES]. (a) An eligible employee of |
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Texas Tech University, Texas Tech University Health Sciences |
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Center, Angelo State University, or another agency under the |
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direction and control of the board of regents of Texas Tech |
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University System [and Texas Tech University Health Sciences
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Center] is entitled to participate in the workers' compensation |
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program for state employees provided under this chapter. |
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(b) For purposes of this chapter, Texas Tech University is a |
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state agency and shall act in the capacity of employer. |
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(c) For purposes of this chapter, Texas Tech University |
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Health Sciences Center is a state agency and shall act in the |
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capacity of employer. |
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(d) For purposes of this chapter, Angelo State University is |
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a state agency and shall act in the capacity of employer. |
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SECTION 13. REPEALER. Subchapter B, Chapter 96, Education |
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Code, is repealed. |
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SECTION 14. EFFECTIVE DATE. This Act takes effect January |
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1, 2008. |
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