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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a new university in South Texas within |
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The University of Texas System. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. AMENDMENT TO EDUCATION CODE. Subtitle C, Title |
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3, Education Code, is amended by adding Chapter 79 to read as |
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follows: |
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CHAPTER 79. UNIVERSITY TO BE ESTABLISHED IN SOUTH TEXAS |
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Sec. 79.01. DEFINITIONS. In this chapter: |
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(1) "Board" means the Board of Regents of The |
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University of Texas System. |
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(2) "University" means the university established |
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under this chapter. |
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Sec. 79.02. ESTABLISHMENT; SCOPE. (a) The university is a |
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general academic teaching institution under the governance, |
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management, and control of the Board of Regents of The University of |
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Texas System. |
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(b) As necessary to achieve the maximum operating |
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efficiency of the university, the board shall provide for the |
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organization, administration, location, and name of the university |
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and of the colleges, schools, and other institutions and entities |
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of the university, which must include: |
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(1) an academic campus and other academic operations |
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in Cameron County; |
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(2) an academic campus and other academic operations |
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in Hidalgo County; |
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(3) the medical school and other programs authorized |
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for The University of Texas Health Science Center--South Texas |
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under Subchapter N, Chapter 74; |
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(4) the facilities and operations of the Lower Rio |
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Grande Valley Academic Health Center established under Subchapter |
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L, Chapter 74; and |
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(5) an academic center in Starr County. |
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(c) The board shall equitably allocate the primary |
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facilities and operations of the university among Cameron, Hidalgo, |
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and Starr Counties. |
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(d) The board shall ensure that the medical and research |
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programs of the medical school component of the university are |
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conducted across the region and have a substantial presence in |
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Hidalgo County and Cameron County. The board shall also ensure the |
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provision of interdisciplinary education across health professions |
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within the university. |
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(e) The authority of the board under this section to achieve |
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the maximum operating efficiency of the university and to provide |
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for the organization, administration, and location of colleges, |
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schools, and other institutions and entities of the university |
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prevails over other law, including Section 74.611. |
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(f) The board has all the powers and duties provided by |
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prior law, as that law existed at the time the applicable university |
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or other entity was abolished, in regard to: |
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(1) The University of Texas at Brownsville, The |
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University of Texas--Pan American, and any other institution, |
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college, school, or entity abolished under the Act authorizing |
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creation of the university; and |
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(2) any facility, operation, or program that is |
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transferred to the university under that Act. |
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(g) The board may impose and collect any fee authorized by |
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prior law, as that law existed at the time the applicable university |
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was abolished, for The University of Texas at Brownsville or The |
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University of Texas--Pan American, as determined by the board and |
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subject to the limitations provided by the prior law authorizing |
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the fee. The abolition of The University of Texas at Brownsville |
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and The University of Texas--Pan American does not affect any |
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pledge of revenue from a fee made by or on behalf of either of those |
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universities to pay obligations issued in connection with |
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facilities for which the fee was imposed and the obligations were |
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issued. |
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Sec. 79.03. COURSES AND DEGREES. (a) The board may |
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prescribe courses leading to customary degrees offered at leading |
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American universities and medical schools as applicable and may |
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award those degrees, including: |
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(1) bachelor's, master's, and doctoral degrees and |
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their equivalents; and |
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(2) medical school degrees and other health science |
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degrees. |
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(b) The board shall award degrees in the name of the |
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university. |
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(c) A department, school, or degree program may not be |
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instituted without the prior approval of the Texas Higher Education |
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Coordinating Board, except that the university may include any |
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department or school or offer any degree program previously |
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approved for The University of Texas--Pan American or The |
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University of Texas at Brownsville or expressly authorized by this |
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chapter or other law. |
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Sec. 79.04. UNIVERSITY OF THE FIRST CLASS. The board shall |
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make any other rules and regulations for the operation, control, |
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and management of the university as may be necessary for the conduct |
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of the university as a university of the first class. |
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Sec. 79.05. FACILITIES. The board shall provide for |
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adequate physical facilities for use by the university. |
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Sec. 79.06. GIFTS AND GRANTS. The board may solicit, |
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accept, and administer, on terms and conditions acceptable to the |
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board, gifts, grants, or donations of any kind and from any source |
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for use by the university. |
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Sec. 79.07. JOINT APPOINTMENTS. The board may make joint |
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faculty appointments to positions in the university and to |
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positions in other institutions under the governance of the board. |
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Sec. 79.08. PARTICIPATION IN PERMANENT UNIVERSITY FUND. |
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The legislature finds that the university is an institution of |
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higher education "created at a later date" for purposes of Section |
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18(c), Article VII, Texas Constitution. If the Act enacting this |
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chapter receives a vote of two-thirds of the membership of each |
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house of the legislature, when established the university is |
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entitled to participate in the funding provided by Section 18, |
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Article VII, Texas Constitution, to the same extent as similar |
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component institutions of The University of Texas System. |
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Sec. 79.09. CENTER FOR BORDER ECONOMIC AND ENTERPRISE |
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DEVELOPMENT. (a) The board shall establish a center for border |
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economic and enterprise development at the university. |
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(b) The center established under this section may: |
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(1) develop and manage an economic database concerning |
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the Texas-Mexico border; |
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(2) perform economic development planning and |
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research; |
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(3) provide technical assistance to industrial and |
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governmental entities; and |
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(4) in cooperation with other state agencies, |
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coordinate economic and enterprise development planning activities |
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of state agencies to ensure that the economic needs of the |
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Texas-Mexico border are integrated within a comprehensive state |
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economic development plan. |
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(c) The center may offer seminars and conduct conferences |
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and other educational programs concerning the Texas-Mexico border |
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economy and economic and enterprise development within this state. |
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(d) The board may solicit and accept gifts, grants, and |
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donations to aid in the establishment, maintenance, and operation |
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of the center. |
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(e) The center shall cooperate fully with similar programs |
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operated by Texas A&M International University, The University of |
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Texas at El Paso, and other institutions of higher education. |
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Sec. 79.10. TEXAS ACADEMY OF MATHEMATICS AND SCIENCE. |
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(a) The board shall establish The Texas Academy of Mathematics and |
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Science at the university. The academy serves the following |
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purposes: |
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(1) to provide academically gifted and highly |
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motivated junior and senior high school students with a challenging |
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university-level curriculum that: |
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(A) allows students to complete high school |
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graduation requirements, including requirements adopted under |
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Section 28.025 for the advanced high school program, while |
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attending for academic credit a public institution of higher |
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education; |
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(B) fosters students' knowledge of real-world |
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mathematics and science issues and applications and teaches |
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students to apply critical thinking and problem-solving skills to |
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those issues; |
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(C) includes the study of English, foreign |
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languages, social studies, mathematics, science, and technology; |
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and |
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(D) offers students learning opportunities |
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related to mathematics and science through in-depth research and |
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field-based studies; |
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(2) to provide students with an awareness of |
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mathematics and science careers and professional development |
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opportunities through any appropriate means such as: |
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(A) seminars; |
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(B) workshops; |
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(C) collaboration with postsecondary and |
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university students, including opportunities for summer studies; |
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and |
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(D) internships in foreign countries; and |
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(3) to provide students with social development |
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activities that enrich the academic curriculum and student life, |
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including, as determined appropriate by the academy, University |
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Interscholastic League activities and other extracurricular |
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activities. |
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(b) The academy is a coeducational program for selected |
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Texas high school students with an interest in and the potential to |
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excel in mathematics and science studies. The academy shall admit |
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only high school juniors and seniors, except that the academy may |
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admit a student with exceptional abilities who is not yet a high |
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school junior. The board shall set aside adequate space at the new |
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university to operate the academy and implement the purposes of |
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this section. The academy must operate on the same fall and spring |
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semester basis as the university. Full-time students of the |
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academy must enroll for both the fall and spring semesters. Faculty |
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members of the university shall teach all academic classes at the |
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academy. A student of the academy may attend a college course |
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offered by the university and receive college credit for that |
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course. |
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(c) The university administration has the same powers and |
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duties with respect to the academy that the administration has with |
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respect to the university. The board, in consultation with |
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university administration, shall: |
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(1) establish an internal management system for the |
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academy and appoint an academy principal, who serves at the will of |
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the board and reports to the vice president for academic affairs; |
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(2) provide for one or more academy counselors; |
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(3) establish for the academy a site-based |
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decision-making process similar to the process required by |
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Subchapter F, Chapter 11, that provides for the participation of |
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academy faculty, parents of academy students, and other members of |
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the community; and |
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(4) establish an admissions process for the academy. |
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(d) The student-teacher ratio in all regular academic |
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classes at the academy may not exceed 30 students for each classroom |
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teacher, except that the student-teacher ratio may exceed that |
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limit: |
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(1) in a program provided for the purposes prescribed |
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by Subsection (a)(2) or another special enrichment course or in a |
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physical education course; |
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(2) if the board determines that a class with a higher |
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student-teacher ratio would contribute to the educational |
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development of the students in the class; or |
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(3) if an academy class is combined with a university |
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class with more than 30 students. |
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(e) The academy shall provide the university-level |
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curriculum in a manner that is appropriate for the social, |
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psychological, emotional, and physical development of high school |
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juniors and seniors. The administrative and counseling personnel |
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of the academy shall provide continuous support to and supervision |
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of students. |
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(f) For each student enrolled in the academy, the academy is |
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entitled to allotments from the foundation school fund under |
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Chapter 42 as if the academy were a school district without a tier |
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one local share for purposes of Section 42.253. If in any academic |
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year the amount of the allotments under this subsection exceeds the |
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amount of state funds paid to the academy in the first fiscal year |
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of the academy's operation, the commissioner of education shall set |
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aside from the total amount of funds to which school districts are |
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entitled under Section 42.253(c) an amount equal to the excess |
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amount and shall distribute that amount to the academy. After |
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deducting the amount set aside and paid to the academy by the |
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commissioner of education under this subsection, the commissioner |
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of education shall reduce the amount to which each district is |
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entitled under Section 42.253(c) in the manner described by Section |
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42.253(h). A determination of the commissioner of education under |
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this subsection is final and may not be appealed. |
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(g) The board may use any available money, enter into |
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contracts, and accept grants, including matching grants, federal |
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grants, and grants from a corporation or other private contributor, |
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in establishing and operating the academy. Money spent by the |
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academy must further the purposes of the academy under Subsection |
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(a). |
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(h) The liability of this state under Chapters 101 and 104, |
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Civil Practice and Remedies Code, is limited for the academy and |
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employees assigned to the academy and acting on behalf of the |
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academy to the same extent that the liability of a school district |
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and an employee of the school district is limited under Sections |
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22.0511, 22.0512, and 22.052 of this code and Section 101.051, |
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Civil Practice and Remedies Code. An employee assigned to the |
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academy is entitled to representation by the attorney general in a |
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civil suit based on an action or omission of the employee in the |
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course of the employee's employment, to limits on liability, and to |
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indemnity under Chapters 104 and 108, Civil Practice and Remedies |
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Code. |
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(i) Except as otherwise provided by this section, the |
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academy is not subject to the provisions of this code or to the |
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rules of the Texas Education Agency regulating public schools. |
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SECTION 2. CONFORMING AMENDMENT. Section 74.751(a), |
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Education Code, is amended to read as follows: |
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(a) The board of regents of The University of Texas System |
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may operate The University of Texas Health Science Center--South |
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Texas as provided by Section 79.02 [a component institution of The
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University of Texas System] with its main campus and administrative |
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offices to be determined as described by that section [in Cameron
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County]. The health science center shall [may] consist of a medical |
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school, as provided by Section 74.752, other health and |
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health-related degree programs, and related programs and |
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facilities as the board considers appropriate. |
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SECTION 3. THE UNIVERSITY OF TEXAS--PAN AMERICAN AND THE |
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UNIVERSITY OF TEXAS AT BROWNSVILLE ABOLISHED. (a) The University |
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of Texas--Pan American and The University of Texas at Brownsville |
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are abolished on a date the Board of Regents of The University of |
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Texas System determines appropriate to achieve the maximum |
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operating efficiency of the system. The designated date must be |
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entered into the minutes of the board. The board shall take all |
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actions necessary to provide for an orderly windup of the affairs of |
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each university. |
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(b) The board shall provide to the secretary of state |
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written notice of its action under Subsection (a) of this section. |
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Effective on the date the board designates for the abolition of the |
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institutions described by Subsection (a) of this section, Chapters |
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77 and 78, Education Code, are repealed. |
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(c) The board may not act under Subsection (a) of this |
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section to abolish The University of Texas--Pan American and The |
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University of Texas at Brownsville earlier than the date on which |
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the university created under Chapter 79, Education Code, as added |
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by this Act, begins operation. |
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SECTION 4. UNIVERSITY CREATED. (a) The university |
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described by Chapter 79, Education Code, as added by this Act, is |
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created within The University of Texas System. As provided by that |
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chapter, the board of regents of the system shall name the |
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university and establish the university as a general academic |
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teaching institution offering the degrees authorized by that |
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chapter. |
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(b) The university shall begin operating on a date the board |
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of regents determines appropriate to achieve the maximum operating |
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efficiency of the system. The designated date must be entered into |
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the minutes of the board. |
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(c) In recognition of the abolition of The University of |
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Texas--Pan American and The University of Texas at Brownsville as |
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authorized by this Act, the board of regents shall facilitate the |
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employment at the university created by this Act of as many faculty |
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and staff of the abolished universities as is prudent and |
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practical. |
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(d) A student admitted to or enrolled at The University of |
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Texas--Pan American or The University of Texas at Brownsville on |
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the date of abolition is entitled to admission to the university |
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created by this Act, and the board shall take actions necessary to |
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facilitate that admission and the appropriate transfer of credits. |
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(e) Until such time as the university created by this Act |
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formally begins operation, the board of regents may provide for The |
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University of Texas--Pan American or The University of Texas at |
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Brownsville to use any facilities under the management and control |
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of The University of Texas System, including facilities developed |
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for the university created by this Act. In addition, the board may |
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lease or purchase facilities owned by Texas Southmost College |
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District or by other owners to the extent the board determines |
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necessary and practical. |
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(f) This Act does not affect the powers, duties, and |
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obligations of The University of Texas at Brownsville and the Texas |
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Southmost College District under Section 5, Chapter 935 |
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(S.B. 1909), Acts of the 82nd Legislature, Regular Session, 2011. |
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As provided by that law, that university and the district shall |
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continue a partnership agreement in effect until August 31, 2015, |
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to the extent necessary to ensure accreditation. |
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SECTION 5. ADVISORY GROUP TO BOARD OF REGENTS. (a) To |
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assist the system in designing, organizing, and implementing a |
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medical school to serve the Rio Grande Valley as a component of the |
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new university, the Board of Regents of The University of Texas |
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System shall appoint a temporary advisory group to give the board |
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counsel and recommendations regarding: |
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(1) the design and development of the medical school, |
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with the goal of preparing future physicians for medical careers |
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through an innovative model of medical education for the 21st |
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century; and |
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(2) the best locations for medical school |
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administration and operations, identifying the best chance for |
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success of the medical school and its administrative offices based |
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on resources, costs, assets, infrastructure, long-term fiscal |
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viability, and other objective criteria. |
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(b) The board shall determine the size and membership of the |
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advisory group, but the group must be composed of nationally |
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recognized experts in the organization and administration of |
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medical schools and other health-related programs and of |
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institutions of higher education. |
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(c) The advisory group shall solicit input from interested |
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parties, including representatives of business organizations, |
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health care providers, and educators, as determined by the board |
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and the advisory group. |
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(d) The board shall base its determinations regarding the |
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matters described by Subsections (a)(1) and (2) of this section on |
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the findings and recommendations of the advisory group. |
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(e) The board shall dissolve the advisory group when the |
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group has reported to the board and the board determines that the |
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purposes of the group under this section have been achieved. |
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SECTION 6. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2013. |