87R1742 MM-D
 
  By: Ortega, Moody, González of El Paso, H.B. No. 199
      Fierro, Ordaz Perez
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of a public law school in El Paso
  County.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 61, Education Code, is
  amended by adding Section 61.0907 to read as follows:
         Sec. 61.0907.  EL PASO SCHOOL OF LAW. (a) The governing
  board of a university system may establish and operate, as a
  professional school of the system, a school of law in El Paso County
  as the governing board considers appropriate.
         (b)  In administering the law school, the governing board may
  prescribe courses leading to customary degrees offered at other
  leading American schools of law and may award those degrees.
         (c)  The governing board may assign responsibility for the
  management of the law school to a general academic teaching
  institution in the university system.
         (d)  The governing board may accept and administer gifts and
  grants from any public or private person or entity for the use and
  benefit of the law school.  Notwithstanding any other provision of
  this section, establishment of a law school is subject to the
  availability of funding, either through appropriation or from
  another source.
         (e)  The governing board of a university system that intends
  to establish a law school under this section shall notify the Texas
  Higher Education Coordinating Board. If the coordinating board
  receives notice from a governing board under this subsection, the
  coordinating board shall provide a statement regarding that
  intention on its Internet website and provide the other governing
  boards with a reasonable opportunity to notify the coordinating
  board of an intent to establish a law school under this section. If
  the coordinating board receives notice from more than one governing
  board under this subsection, the coordinating board, based on
  community and student input, available system resources, the
  feasibility of the specific proposal of each system, and other
  appropriate criteria, shall determine which of those governing
  boards may establish a law school under this section.
         (f)  Before a governing board establishes a law school under
  this section, the governing board shall request the coordinating
  board to prepare a feasibility study to determine the actions the
  system must take to obtain accreditation of the law school. The
  coordinating board shall deliver a copy of the study to the
  governing board and to the chair of each legislative standing
  committee with jurisdiction over higher education.
         (g)  Not more than one law school may be established under
  this section.
         SECTION 2.  Subchapter B, Chapter 55, Education Code, is
  amended by adding Section 55.178 to read as follows:
         Sec. 55.178.  UNIVERSITY SYSTEM ESTABLISHING EL PASO SCHOOL
  OF LAW; ADDITIONAL BONDS. (a) In addition to the other authority
  granted by this subchapter, the governing board of the university
  system that establishes an El Paso school of law under Section
  61.0907 may acquire, purchase, construct, improve, renovate,
  enlarge, or equip property, buildings, structures, or other
  facilities, including roads and related infrastructure, for the law
  school for projects to be financed by the issuance of bonds in
  accordance with this subchapter, including bonds issued in
  accordance with a systemwide revenue financing program and secured
  as provided by that program, in an aggregate principal amount not to
  exceed $40 million.
         (b)  The governing board may pledge irrevocably to the
  payment of the bonds authorized by this section all or any part of
  the revenue funds of an institution, branch, or entity of the
  university system described by Subsection (a), 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 governing
  board to meet its obligations under this section, the board may
  transfer funds among institutions, branches, and entities of the
  university system described by Subsection (a) 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 3.  (a) If this Act receives a vote of at least
  two-thirds of the membership of each house of the legislature, and
  if an El Paso school of law is created by The University of Texas
  System or The Texas A&M University System under Section 61.0907,
  Education Code, as added by this Act, the El Paso school of law is
  entitled to participate in the funding provided by Section 18,
  Article VII, Texas Constitution, for the appropriate university
  system.
         (b)  If this Act receives a vote of at least two-thirds of the
  membership of each house of the legislature, and if an El Paso
  school of law is created under Section 61.0907, Education Code, as
  added by this Act, by a university system other than a system
  described by Subsection (a) of this section, the El Paso school of
  law is entitled to participate in the funding provided by Section
  17, Article VII, Texas Constitution. Before the first periodic
  allocation of funding under Section 17, Article VII, is made that
  includes the El Paso school of law, the legislature may reallocate
  the total amount allocated to institutions under that section to
  allow for the allocation to the law school.
         SECTION 4.  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 September 1, 2021.