By: Zaffirini S.B. No. 1796
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the approval of certain construction, repair, or
  rehabilitation projects at public institutions of higher education
  in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 61.058, Education Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Except as provided by Subsection (b) of this section,
  the board shall approve or disapprove all new construction and
  repair and rehabilitation of all buildings and facilities at
  institutions of higher education financed from any source provided
  that:
                     (A)  the board's consideration and determination
  shall be limited to the purpose for which the new or remodeled
  buildings are to be used to assure conformity with approved space
  utilization standards and the institution's approved programs and
  role and mission if the cost of the project is not more than
  $4,000,000 [$2,000,000], but the board may consider cost factors
  and the financial implications of the project to the state if the
  total cost is in excess of $4,000,000 [$2,000,000];
                     (B)  the requirement of approval for new
  construction applies only to projects the total cost of which is in
  excess of $4,000,000 [$1,000,000];
                     (C)  the requirement of approval for major repair
  and rehabilitation of buildings and facilities applies only to a
  project the total cost of which is more than $4,000,000
  [$2,000,000];
                     (D)  the requirement of approval or disapproval by
  the board does not apply to any new construction or major repair and
  rehabilitation project that is specifically approved by the
  legislature;
                     (E)  the requirement of approval by the board does
  not apply to a junior college's construction, repair, or
  rehabilitation financed entirely with funds from a source other
  than the state, including funds from ad valorem tax receipts of the
  college, gifts, grants, and donations to the college, and student
  fees; and
                     (F)  the requirement of approval by the board does
  not apply to construction, repair, or rehabilitation of privately
  owned buildings and facilities located on land leased from an
  institution of higher education if the construction, repair, or
  rehabilitation is financed entirely from funds not under the
  control of the institution, and provided further that:
                           (i)  the buildings and facilities are to be
  used exclusively for auxiliary enterprises; and
                           (ii)  the buildings and facilities will not
  require appropriations from the legislature for operation,
  maintenance, or repair unless approval by the board has been
  obtained.
         (c)  As necessary to ensure that the board is required to
  approve only substantial construction, repair, or rehabilitation
  projects at institutions of higher education, for all projects
  described by Subsection (a)(B) or (a)(C) the board by rule may
  increase the total cost threshold required for board approval under
  this section.
         SECTION 2.  The change in law made by this Act in amending
  Section 61.058, Education Code, applies only to a project for which
  an institution of higher education submits an initial application
  for approval on or after the effective date of this Act. A project
  for which an institution of higher education submits an initial
  application for approval before the effective date of this Act is
  covered by the law in effect when the institution submitted the
  initial application, and the former law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.