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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of Sul Ross State University to The Texas |
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A&M University System. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. AMENDMENT. Chapter 87, Education Code, is |
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amended by adding Subchapter M to read as follows: |
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SUBCHAPTER M. SUL ROSS STATE UNIVERSITY |
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Sec. 87.881. ESTABLISHMENT. (a) Sul Ross State University |
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is a coeducational institution of higher education located in the |
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city of Alpine, with an upper-level educational center known as Sul |
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Ross State University Rio Grande College operated in the cities of |
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Del Rio, Eagle Pass, and Uvalde. |
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(b) The university is a component institution of The Texas |
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A&M University System and is under the management and control of the |
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board of regents of The Texas A&M University System. The board has |
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the same powers and duties concerning the university as are |
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conferred on the board by statute concerning Texas A&M University. |
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Sec. 87.882. REFERENCE TO UVALDE STUDY CENTER. A reference |
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in law to the Uvalde Study Center of Sul Ross State University means |
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Sul Ross State University Rio Grande College. |
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SECTION 2. TRANSFER OF GOVERNANCE OF UNIVERSITY. The |
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governance, control, management, and property of Sul Ross 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 A&M |
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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. (a) When |
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the transfer takes effect, the board of regents of The Texas A&M |
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University System shall govern, operate, manage, and control Sul |
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Ross State University and all land, buildings, facilities, |
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improvements, equipment, supplies, and property belonging to and |
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constituting Sul Ross State University under the powers and duties |
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conferred by law on the board of regents. |
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(b) Sul Ross State University may continue to award degrees |
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in the same disciplines and of the same academic standing after the |
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transfer authorized by this Act as those in which degrees were |
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awarded by the university before this Act, subject to the authority |
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of the Texas Higher Education Coordinating Board regarding existing |
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degree programs. |
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(c) 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 A&M University System. The board of regents of The Texas |
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A&M 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 Sul Ross 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 A&M 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 A&M 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 Sul Ross State University |
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under this Act does not affect the status of any student of the |
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university enrolled at the university when the transfer takes |
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effect. |
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(b) The transfer of the governance of Sul Ross State |
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University under this Act does not affect the employment status or |
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accrued benefits of any 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 Sul Ross 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 A&M University System for the use and benefit of Sul Ross |
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State 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 Sul Ross 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 A&M 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. Section 55.1724(a), Education Code, |
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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) Lamar University--Beaumont, $8 million; |
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(2) Lamar Institute of Technology, $2 million; |
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(3) Lamar State College--Orange, $3.5 million; |
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(4) Lamar State College--Port Arthur, $2.75 million; |
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(5) Sam Houston State University, $7.5 million; and |
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(6) Texas State University, $19.7 million[; and |
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[(7) Sul Ross State University, $17.5 million]. |
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SECTION 9. AMENDMENT. Section 55.1734(a), Education Code, |
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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) Lamar University--Beaumont, $21,792,096 to |
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renovate and repair campus buildings; |
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(2) Lamar Institute of Technology, $5,301,960 to |
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renovate Gentry Hall and convert it to classroom and laboratory |
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use; |
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(3) 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) Lamar State College--Port Arthur, $7,650,000 to |
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construct a performing arts and classroom building and to expand |
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the Gates Memorial Library and develop an adjacent plaza; |
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(5) Sam Houston State University, $18 million to |
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renovate and expand the Farrington Building; and |
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(6) Texas State University, $18,436,500 to construct a |
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business building[; and |
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[(7) 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. Section 55.1784(a), Education Code, |
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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 and facilities, including roads and |
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related infrastructure, for projects to be financed through the |
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issuance of bonds 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 for the following institutions, not to exceed the |
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following aggregate principal amounts for the projects specified, |
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as follows: |
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(1) Lamar University, $60 million for construction of |
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a science building; |
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(2) Lamar State College--Orange, $10 million for |
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construction of a multipurpose education building; |
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(3) Lamar State College--Port Arthur, $8,080,000 for |
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expansion of technology program facilities; |
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(4) Lamar Institute of Technology, $12,500,000 for |
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construction and renovation of technical arts buildings; |
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(5) Texas State University: |
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(A) $63 million for construction of an |
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engineering and sciences building; and |
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(B) $48,600,000 for construction of a health |
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professions building in Round Rock, Texas; and |
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(6) Sam Houston State University, $48 million for |
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construction of a biology laboratory building[; and |
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[(7) Sul Ross State University, $6,240,000 for |
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renovation and modernization of educational and related facilities |
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and infrastructure]. |
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SECTION 11. AMENDMENT. Subchapter B, Chapter 55, Education |
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Code, is amended by adding Section 55.17811 to read as follows: |
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Sec. 55.17811. SUL ROSS STATE UNIVERSITY. (a) In addition |
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to the other authority granted by this subchapter, the board of |
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regents of The Texas A&M University System may issue bonds in |
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accordance with this subchapter and in accordance with a systemwide |
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revenue financing program adopted by the board in the aggregate |
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principal amounts not to exceed the amounts previously authorized |
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for Sul Ross State University by Sections 55.1724, 55.1734, and |
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55.1784, as those sections existed immediately before this section |
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took effect, less any portion of those amounts for which bonds were |
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issued under those sections for the university before the date this |
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section took effect. Subject to Subsection (d), bonds issued under |
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this section for an amount previously authorized by Section |
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55.1724, 55.1734, or 55.1784 may be used only at Sul Ross State |
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University for the purposes for which the bonds were authorized to |
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be issued for the university under Section 55.1724, 55.1734, or |
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55.1784, 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 A&M 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 A&M |
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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 12. AMENDMENT. Section 62.021(a), Education Code, |
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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, 2021, an eligible institution is |
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entitled to receive an amount allocated in accordance with this |
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section from the 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. An eligible institution may not present a claim to |
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be paid from any funds allocated under this subsection before the |
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delivery of goods or services described in Section 17, Article VII, |
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Texas Constitution, except for the payment of principal or interest |
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on 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) $4,933,200 to Midwestern State University; |
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(2) to the following component institutions of the |
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University of North Texas System: |
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(A) $37,346,563 to the University of North Texas; |
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(B) $15,125,502 to the University of North Texas |
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Health Science Center at Fort Worth; and |
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(C) $3,354,441 to the University of North Texas |
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at Dallas; |
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(3) $11,277,793 to Stephen F. Austin State University; |
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(4) to the following component institutions of the |
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Texas State University System: |
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(A) $13,141,181 to Lamar University; |
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(B) $2,553,130 to the Lamar Institute of |
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Technology; |
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(C) $1,488,396 to Lamar State College--Orange; |
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(D) $2,217,102 to Lamar State College--Port |
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Arthur; |
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(E) $18,236,811 to Sam Houston State University; |
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and |
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(F) $37,606,478 to Texas State University; |
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[(G) $2,151,723 to Sul Ross State University; and |
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[(H) $472,890 to Sul Ross State University-Rio |
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Grande College;] |
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(5) $11,719,335 to Texas Southern University; |
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(6) to the following component institutions of the |
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Texas Tech University System: |
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(A) $49,874,746 to Texas Tech University; |
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(B) $21,652,392 to Texas Tech University Health |
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Sciences Center; |
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(C) $6,792,999 to Angelo State University; and |
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(D) $5,557,572 to Texas Tech University Health |
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Sciences Center--El Paso; |
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(7) $14,554,133 to Texas Woman's University; |
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(8) to the following component institutions of the |
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University of Houston System: |
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(A) $54,514,004 to the University of Houston; |
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(B) $3,542,817 to the University of |
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Houston--Victoria; |
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(C) $7,726,043 to the University of |
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Houston--Clear Lake; and |
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(D) $10,828,344 to the University of |
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Houston--Downtown; |
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(9) to the following component institutions of The |
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Texas A&M University System: |
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(A) $11,478,824 to Texas A&M University--Corpus |
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Christi; |
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(B) $7,462,394 to Texas A&M International |
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University; |
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(C) $8,858,060 to Texas A&M |
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University--Kingsville; |
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(D) $7,446,495 to West Texas A&M University; |
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(E) $11,123,859 to Texas A&M |
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University--Commerce; [and] |
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(F) $2,050,273 to Texas A&M |
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University--Texarkana; |
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(G) $2,151,723 to Sul Ross State University; and |
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(H) $472,890 to Sul Ross State University Rio |
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Grande College; and |
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(10) $8,662,500 to the Texas State Technical College |
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System Administration and the following component campuses, but not |
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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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(D) Texas State Technical College--Waco; |
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(E) Texas State Technical College--Fort Bend; |
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and |
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(F) Texas State Technical College--North Texas. |
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SECTION 13. REPEALER. Subchapter A, Chapter 96, Education |
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Code, is repealed. |
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SECTION 14. EFFECTIVE DATE. This Act takes effect |
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September 1, 2021. |