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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 81st |
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Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill No. 51 (measures to enhance and maintain the quality |
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of state universities, including funding and incentives to |
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support emerging public research universities, to the abolition |
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of the higher education fund, to the institutional groupings |
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under the Texas Higher Education Coordinating Board's |
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accountability system, to the independent status of Lamar |
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Institute of Technology, to research conducted by public |
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universities and other state entities, and to the authorization |
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of revenue bonds for certain institutions of higher education) to |
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consider and take action on the following matter: |
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Senate Rule 12.03(4) is suspended to permit the committee |
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to add the following new SECTIONS to the bill: |
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SECTION 2. Subchapter B, Chapter 55, Education Code, is |
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amended by adding Sections 55.1771 and 55.17721 to read as |
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follows: |
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Sec. 55.1771. TEXAS A&M UNIVERSITY AT GALVESTON. (a) In |
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addition to the other authority granted by this subchapter and |
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subject to the other provisions of this section, the board of |
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regents of The Texas A&M University System may acquire, purchase, |
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construct, improve, renovate, enlarge, or equip property, |
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buildings, structures, facilities, roads, or related |
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infrastructure for Texas A&M University at Galveston for an |
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erosion control breakwater, a dock, or any other related purpose |
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reasonably necessary to assist the institution to recover from |
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any damage or other impact caused by Hurricane Ike, to be |
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financed by the issuance of bonds in accordance with this |
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subchapter, including bonds issued in accordance with a |
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systemwide revenue financing program and secured as provided by |
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that program, in an aggregate principal amount not to exceed $5 |
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million. |
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(b) The board of regents may pledge irrevocably to the |
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payment of the bonds authorized by this section all or any part of |
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the revenue funds of an institution, branch, or entity of The |
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Texas A&M University System, including student tuition charges. |
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The amount of a pledge made under this subsection may not be |
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reduced or abrogated while the bonds for which the pledge is |
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made, or bonds issued to refund those bonds, are outstanding. |
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(c) If sufficient funds are not available to the board of |
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regents to meet its obligations under this section, the board may |
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transfer funds among institutions, branches, and entities of The |
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Texas A&M University System to ensure the most equitable and |
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efficient allocation of available resources for each |
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institution, branch, or entity to carry out its duties and |
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purposes. |
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Sec. 55.17721. THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT |
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GALVESTON. (a) In addition to the other authority granted by |
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this subchapter and subject to the other provisions of this |
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section, the board of regents of The University of Texas System |
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may acquire, purchase, construct, improve, renovate, enlarge, or |
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equip property, buildings, structures, facilities, roads, or |
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related infrastructure for The University of Texas Medical |
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Branch at Galveston for any purpose reasonably necessary to |
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assist the institution to recover from any damage or other impact |
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caused by Hurricane Ike, to be financed by the issuance of bonds |
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in accordance with this subchapter, including bonds issued in |
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accordance with a systemwide revenue financing program and |
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secured as provided by that program, in an aggregate principal |
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amount not to exceed $150 million. |
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(b) The board may pledge irrevocably to the payment of |
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the bonds authorized by this section all or any part of the |
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revenue funds of an institution, branch, or entity of The |
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University of Texas System, including student tuition charges. |
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The amount of a pledge made under this subsection may not be |
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reduced or abrogated while the bonds for which the pledge is |
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made, or bonds issued to refund those bonds, are 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 |
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University of Texas System to ensure the most equitable and |
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efficient allocation of available resources for each |
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institution, branch, or entity to carry out its duties and |
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purposes. |
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(d) Any transfer of funds to the board pursuant to an |
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appropriation of state funds to the board or The University of |
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Texas Medical Branch at Galveston for the purpose of reimbursing |
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the board for all or part of the debt service on bonds issued |
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under this section is subject to the prior approval of the |
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Legislative Budget Board. In determining whether to approve a |
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transfer of state funds for that purpose, the Legislative Budget |
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Board shall consider: |
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(1) whether the commissioners court of the county in |
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which the medical branch is located has entered into an agreement |
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with the board under which the county agrees to reimburse the |
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board for all or part of any otherwise unreimbursed costs |
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incurred by the medical branch to provide health care services to |
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individuals who are residents of the county and whose net family |
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income is not more than 100 percent of the federal poverty level; |
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or |
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(2) whether the county in which the medical branch |
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is located or a hospital district that includes that county |
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imposes an ad valorem tax for health care purposes. |
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(e) For purposes of Subsection (d), the county of |
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residence of an individual is determined in the same manner as |
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provided by Chapter 61, Health and Safety Code. |
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SECTION 3. Section 61.0572(e), Education Code, is |
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amended to read as follows: |
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(e) Approval of the board is not required to acquire real |
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property that is financed by bonds issued under Section |
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55.17(e)(3) or (4), 55.1713-55.1718, 55.1721-55.1728, |
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55.1735(a)(1), 55.174, 55.1742, 55.1743, 55.1744, |
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55.1751-55.17592, [or] 55.1768, 55.1771, or 55.17721, except |
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that the board shall review all real property to be financed by |
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bonds issued under those sections to determine whether the |
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property meets the standards adopted by the board for cost, |
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efficiency, and space use. If the property does not meet those |
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standards, the board shall notify the governor, the lieutenant |
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governor, the speaker of the house of representatives, and the |
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Legislative Budget Board. |
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SECTION 4. Section 61.058(b), Education Code, is amended |
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to read as follows: |
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(b) This section does not apply to construction, repair, |
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or rehabilitation financed by bonds issued under Section |
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55.17(e)(3) or (4), 55.1713-55.1718, 55.1721-55.1728, 55.174, |
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55.1742, 55.1743, 55.1744, 55.1751-55.17592, [or] 55.1768, |
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55.1771, or 55.17721, except that the board shall review all |
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construction, repair, or rehabilitation to be financed by bonds |
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issued under those sections to determine whether the |
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construction, rehabilitation, or repair meets the standards |
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adopted by board rule for cost, efficiency, and space use. If the |
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construction, rehabilitation, or repair does not meet those |
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standards, the board shall notify the governor, the lieutenant |
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governor, the speaker of the house of representatives, and the |
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Legislative Budget Board. |
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Explanation: This addition is necessary to enable the |
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governing boards of Texas A&M University at Galveston and The |
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University of Texas Medical Branch at Galveston to issue tuition |
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revenue bonds to finance capital improvements at those |
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institutions that are reasonably necessary to assist the |
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institutions in recovering from any damage or other impact caused |
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by Hurricane Ike. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 31, 2009. |
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_______________________________ |
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Secretary of the Senate |