87R5096 KJE-F
 
  By: Morales of Maverick H.B. No. 2336
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transfer of Sul Ross State University to The Texas
  A&M University System.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  AMENDMENT. Chapter 87, Education Code, is
  amended by adding Subchapter M to read as follows:
  SUBCHAPTER M.  SUL ROSS STATE UNIVERSITY
         Sec. 87.881.  ESTABLISHMENT.  (a)  Sul Ross State University
  is a coeducational institution of higher education located in the
  city of Alpine, with an upper-level educational center known as Sul
  Ross State University Rio Grande College operated in the cities of
  Del Rio, Eagle Pass, and Uvalde.
         (b)  The university is a component institution of The Texas
  A&M University System and is under the management and control of the
  board of regents of The Texas A&M University System.  The board has
  the same powers and duties concerning the university as are
  conferred on the board by statute concerning Texas A&M University.
         Sec. 87.882.  REFERENCE TO UVALDE STUDY CENTER. A reference
  in law to the Uvalde Study Center of Sul Ross State University means
  Sul Ross State University Rio Grande College.
         SECTION 2.  TRANSFER OF GOVERNANCE OF UNIVERSITY. The
  governance, control, management, and property of Sul Ross State
  University are transferred from the board of regents of the Texas
  State University System to the board of regents of The Texas A&M
  University System.  The transfer is governed by Sections 3 through 7
  of this Act.
         SECTION 3.  POWERS AND DUTIES; RULES AND POLICIES. (a) When
  the transfer takes effect, the board of regents of The Texas A&M
  University System shall govern, operate, manage, and control Sul
  Ross State University and all land, buildings, facilities,
  improvements, equipment, supplies, and property belonging to and
  constituting Sul Ross State University under the powers and duties
  conferred by law on the board of regents.
         (b)  Sul Ross State University may continue to award degrees
  in the same disciplines and of the same academic standing after the
  transfer authorized by this Act as those in which degrees were
  awarded by the university before this Act, subject to the authority
  of the Texas Higher Education Coordinating Board regarding existing
  degree programs.
         (c)  Rules and policies adopted by the board of regents of
  the Texas State University System to govern the university that are
  in effect when the transfer takes effect are continued in effect
  until adopted, repealed, or superseded by the board of regents of
  The Texas A&M University System. The board of regents of The Texas
  A&M University System may adopt rules and policies applicable to
  the university in anticipation of the transfer authorized by this
  Act.
         SECTION 4.  CONTRACTS AND WRITTEN OBLIGATIONS, INCLUDING
  BONDS. Contracts and written obligations of every kind and
  character entered into by the board of regents of the Texas State
  University System for and on behalf of Sul Ross State University,
  including bonds, are considered ratified, confirmed, and validated
  by the board of regents of The Texas A&M University System on the
  effective date of the transfer. In those contracts and written
  obligations, the board of regents of The Texas A&M University
  System is substituted for and stands and acts in the place of the
  board of regents of the Texas State University System to the extent
  permitted by law.
         SECTION 5.  EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
  (a)  The transfer of the governance of Sul Ross State University
  under this Act does not affect the status of any student of the
  university enrolled at the university when the transfer takes
  effect.
         (b)  The transfer of the governance of Sul Ross State
  University under this Act does not affect the employment status or
  accrued benefits of any person employed by the university when the
  transfer takes effect.
         SECTION 6.  CURRENT FUNDING. All funds that, on the
  effective date of the transfer, have been appropriated or dedicated
  to or are held for the use and benefit of Sul Ross State University
  under the governance of the board of regents of the Texas State
  University System are transferred to the board of regents of The
  Texas A&M University System for the use and benefit of Sul Ross
  State University.
         SECTION 7.  LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD.
  It is the intent of the legislature that the transfer of the
  governance of Sul Ross State University from the board of regents of
  the Texas State University System to the board of regents of The
  Texas A&M University System be made without disrupting the
  students, faculty, staff, or programs of the university. If those
  boards of regents are unable to agree as to any matter relating to
  the transfer, the Texas Higher Education Coordinating Board on
  application of either board of regents shall resolve the
  disagreement consistent with the intent of this section and the
  provisions of this Act as the coordinating board determines is in
  the best interest of this state and the institutions under the
  governance of the boards of regents. The coordinating board may
  issue any orders or take any other action the coordinating board
  considers appropriate to enforce this section or to facilitate the
  transfer consistent with this Act and the intent of the
  legislature.
         SECTION 8.  AMENDMENT. Section 55.1724(a), Education Code,
  is amended to read as follows:
         (a)  In addition to the other authority granted by this
  subchapter, the board of regents of the Texas State University
  System may acquire, purchase, construct, improve, renovate,
  enlarge, or equip property, buildings, structures, facilities,
  roads, or related infrastructure for the following institutions to
  be financed by the issuance of bonds in accordance with this
  subchapter and in accordance with a systemwide revenue financing
  program adopted by the board in aggregate principal amounts not to
  exceed the following:
               (1)  Lamar University--Beaumont, $8 million;
               (2)  Lamar Institute of Technology, $2 million;
               (3)  Lamar State College--Orange, $3.5 million;
               (4)  Lamar State College--Port Arthur, $2.75 million;
               (5)  Sam Houston State University, $7.5 million; and
               (6)  Texas State University, $19.7 million[; and
               [(7)  Sul Ross State University, $17.5 million].
         SECTION 9.  AMENDMENT. Section 55.1734(a), Education Code,
  is amended to read as follows:
         (a)  In addition to the other authority granted by this
  subchapter, the board of regents of the Texas State University
  System may issue in accordance with this subchapter and in
  accordance with a systemwide revenue financing program adopted by
  the board bonds for the following institutions not to exceed the
  following aggregate principal amounts to finance projects
  specified as follows:
               (1)  Lamar University--Beaumont, $21,792,096 to
  renovate and repair campus buildings;
               (2)  Lamar Institute of Technology, $5,301,960 to
  renovate Gentry Hall and convert it to classroom and laboratory
  use;
               (3)  Lamar State College--Orange, $2,125,000 for
  campus landscaping, renovation of the old library for physical
  plant purposes, renovation of the Main Building and Electronics
  Commerce Resource Center, and demolition of the old physical plant
  building;
               (4)  Lamar State College--Port Arthur, $7,650,000 to
  construct a performing arts and classroom building and to expand
  the Gates Memorial Library and develop an adjacent plaza;
               (5)  Sam Houston State University, $18 million to
  renovate and expand the Farrington Building; and
               (6)  Texas State University, $18,436,500 to construct a
  business building[; and
               [(7)  Sul Ross State University, $15,175,000 to
  renovate and expand the range animal science facility and science
  building annex and to carry out other building renovations].
         SECTION 10.  AMENDMENT. Section 55.1784(a), Education Code,
  is amended to read as follows:
         (a)  In addition to the other authority granted by this
  subchapter, the board of regents of the Texas State University
  System may acquire, purchase, construct, improve, renovate,
  enlarge, or equip property and facilities, including roads and
  related infrastructure, for projects to be financed through the
  issuance of bonds in accordance with this subchapter and in
  accordance with a systemwide revenue financing program adopted by
  the board for the following institutions, not to exceed the
  following aggregate principal amounts for the projects specified,
  as follows:
               (1)  Lamar University, $60 million for construction of
  a science building;
               (2)  Lamar State College--Orange, $10 million for
  construction of a multipurpose education building;
               (3)  Lamar State College--Port Arthur, $8,080,000 for
  expansion of technology program facilities;
               (4)  Lamar Institute of Technology, $12,500,000 for
  construction and renovation of technical arts buildings;
               (5)  Texas State University:
                     (A)  $63 million for construction of an
  engineering and sciences building; and
                     (B)  $48,600,000 for construction of a health
  professions building in Round Rock, Texas; and
               (6)  Sam Houston State University, $48 million for
  construction of a biology laboratory building[; and
               [(7)  Sul Ross State University, $6,240,000 for
  renovation and modernization of educational and related facilities
  and infrastructure].
         SECTION 11.  AMENDMENT. Subchapter B, Chapter 55, Education
  Code, is amended by adding Section 55.17811 to read as follows:
         Sec. 55.17811.  SUL ROSS STATE UNIVERSITY. (a)  In addition
  to the other authority granted by this subchapter, the board of
  regents of The Texas A&M University System may issue bonds in
  accordance with this subchapter and in accordance with a systemwide
  revenue financing program adopted by the board in the aggregate
  principal amounts not to exceed the amounts previously authorized
  for Sul Ross State University by Sections 55.1724, 55.1734, and
  55.1784, as those sections existed immediately before this section
  took effect, less any portion of those amounts for which bonds were
  issued under those sections for the university before the date this
  section took effect.  Subject to Subsection (d), bonds issued under
  this section for an amount previously authorized by Section
  55.1724, 55.1734, or 55.1784 may be used only at Sul Ross State
  University for the purposes for which the bonds were authorized to
  be issued for the university under Section 55.1724, 55.1734, or
  55.1784, as applicable.
         (b)  The board may pledge irrevocably to the payment of those
  bonds all or any part of the revenue funds of an institution,
  branch, or entity of The Texas A&M University System, 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 board to
  meet its obligations under this section, the board may transfer
  funds among institutions, branches, and entities of The Texas A&M
  University System to ensure the most equitable and efficient
  allocation of available resources for each institution, branch, or
  entity to carry out its duties and purposes.
         (d)  Any portion of the proceeds of bonds authorized by this
  section for one or more specified projects that is not required for
  the specified projects may be used to renovate existing structures
  and facilities at the university.
         SECTION 12.  AMENDMENT. Section 62.021(a), Education Code,
  is amended to read as follows:
         (a)  In each state fiscal year beginning with the state
  fiscal year ending August 31, 2021, an eligible institution is
  entitled to receive an amount allocated in accordance with this
  section from the funds appropriated for that year by Section 17(a),
  Article VII, Texas Constitution.  The comptroller shall distribute
  funds allocated under this subsection only on presentation of a
  claim and issuance of a warrant in accordance with Section 403.071,
  Government Code.  An eligible institution may not present a claim to
  be paid from any funds allocated under this subsection before the
  delivery of goods or services described in Section 17, Article VII,
  Texas Constitution, except for the payment of principal or interest
  on bonds or notes or for a payment for a book or other published
  library material as authorized by Section 2155.386, Government
  Code.  The allocation of funds under this subsection is made in
  accordance with an equitable formula consisting of the following
  elements: space deficit, facilities condition, institutional
  complexity, and a separate allocation for the Texas State Technical
  College System.  The annual amounts allocated by the formula are as
  follows:
               (1)  $4,933,200 to Midwestern State University;
               (2)  to the following component institutions of the
  University of North Texas System:
                     (A)  $37,346,563 to the University of North Texas;
                     (B)  $15,125,502 to the University of North Texas
  Health Science Center at Fort Worth; and
                     (C)  $3,354,441 to the University of North Texas
  at Dallas;
               (3)  $11,277,793 to Stephen F. Austin State University;
               (4)  to the following component institutions of the
  Texas State University System:
                     (A)  $13,141,181 to Lamar University;
                     (B)  $2,553,130 to the Lamar Institute of
  Technology;
                     (C)  $1,488,396 to Lamar State College--Orange;
                     (D)  $2,217,102 to Lamar State College--Port
  Arthur;
                     (E)  $18,236,811 to Sam Houston State University;
  and
                     (F)  $37,606,478 to Texas State University;
                     [(G)  $2,151,723 to Sul Ross State University; and
                     [(H)  $472,890 to Sul Ross State University-Rio
  Grande College;]
               (5)  $11,719,335 to Texas Southern University;
               (6)  to the following component institutions of the
  Texas Tech University System:
                     (A)  $49,874,746 to Texas Tech University;
                     (B)  $21,652,392 to Texas Tech University Health
  Sciences Center;
                     (C)  $6,792,999 to Angelo State University; and
                     (D)  $5,557,572 to Texas Tech University Health
  Sciences Center--El Paso;
               (7)  $14,554,133 to Texas Woman's University;
               (8)  to the following component institutions of the
  University of Houston System:
                     (A)  $54,514,004 to the University of Houston;
                     (B)  $3,542,817 to the University of
  Houston--Victoria;
                     (C)  $7,726,043 to the University of
  Houston--Clear Lake; and
                     (D)  $10,828,344 to the University of
  Houston--Downtown;
               (9)  to the following component institutions of The
  Texas A&M University System:
                     (A)  $11,478,824 to Texas A&M University--Corpus
  Christi;
                     (B)  $7,462,394 to Texas A&M International
  University;
                     (C)  $8,858,060 to Texas A&M
  University--Kingsville;
                     (D)  $7,446,495 to West Texas A&M University;
                     (E)  $11,123,859 to Texas A&M
  University--Commerce; [and]
                     (F)  $2,050,273 to Texas A&M
  University--Texarkana;
                     (G)  $2,151,723 to Sul Ross State University; and
                     (H)  $472,890 to Sul Ross State University Rio
  Grande College; and
               (10)  $8,662,500 to the Texas State Technical College
  System Administration and the following component campuses, but not
  its extension centers or programs:
                     (A)  Texas State Technical College-Harlingen;
                     (B)  Texas State Technical College--Marshall;
                     (C)  Texas State Technical College--West Texas;
                     (D)  Texas State Technical College--Waco;
                     (E)  Texas State Technical College--Fort Bend;
  and
                     (F)  Texas State Technical College--North Texas.
         SECTION 13.  REPEALER.  Subchapter A, Chapter 96, Education
  Code, is repealed.
         SECTION 14.  EFFECTIVE DATE.  This Act takes effect
  September 1, 2021.