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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 Nacogdoches, Texas, |
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within The University of Texas System and the allocation of the |
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annual constitutional appropriation to certain agencies and |
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institutions of higher education; abolishing Stephen F. Austin |
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State University. |
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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 80 to read as |
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follows: |
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CHAPTER 80. STEPHEN F. AUSTIN STATE UNIVERSITY, A MEMBER OF THE |
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UNIVERSITY OF TEXAS SYSTEM |
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Sec. 80.01. 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 as Stephen F. Austin State University, a member |
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of The University of Texas System. |
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Sec. 80.02. REFERENCE TO STEPHEN F. AUSTIN STATE |
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UNIVERSITY. A reference in law to Stephen F. Austin State |
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University means Stephen F. Austin State University, a member of |
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The University of Texas System. |
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Sec. 80.03. ESTABLISHMENT; SCOPE. (a) Stephen F. Austin |
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State University, a member of The University of Texas System, is a |
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general academic teaching institution in Nacogdoches, Texas, under |
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the governance, management, and control of the board of regents of |
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The University of 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, and location of the university and of |
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the colleges, schools, and other institutions and entities of the |
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university. |
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(c) 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 the |
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university and of the colleges, schools, and other institutions and |
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entities of the university prevails over other law. |
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Sec. 80.04. 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 may award those degrees, including |
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bachelor's, master's, and doctoral degrees and their equivalents. |
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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 degree program may not be instituted without the prior |
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approval of the Texas Higher Education Coordinating Board, except |
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that the university may offer any degree program previously |
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approved for Stephen F. Austin State University or expressly |
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authorized by this chapter or other law. |
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Sec. 80.05. 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. 80.06. FACILITIES. The board shall provide for |
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adequate physical facilities for use by the university. |
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Sec. 80.07. 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. 80.08. 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. 80.09. 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. Accordingly, the |
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university is entitled to participate in the funding provided by |
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Section 18, Article VII, Texas Constitution, to the same extent as |
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similar component institutions of The University of Texas System. |
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SECTION 2. STEPHEN F. AUSTIN STATE UNIVERSITY ABOLISHED. |
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(a) Stephen F. Austin State University is abolished on a date the |
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board of regents of The University of Texas System determines |
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appropriate to achieve the maximum operating efficiency of the |
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system. The designated date must be entered into the minutes of the |
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board. |
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(b) The board of regents of The University of Texas System |
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shall provide to the secretary of state written notice of its action |
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under Subsection (a) of this section. Effective on the date the |
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board designates for the abolition of Stephen F. Austin State |
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University, Chapter 101, Education Code, is repealed. |
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(c) The board of regents of The University of Texas System |
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may not act under Subsection (a) of this section to abolish Stephen |
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F. Austin State University earlier than the date on which Stephen F. |
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Austin State University, a member of The University of Texas |
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System, begins operation. |
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(d) The board of regents of Stephen F. Austin State |
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University shall take all actions necessary to facilitate the |
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operation of Stephen F. Austin State University, a member of The |
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University of Texas System, and the orderly winding up of the |
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affairs of Stephen F. Austin State University. For that purpose, |
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the board of regents of Stephen F. Austin State University may |
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transfer management and control of Stephen F. Austin State |
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University to the board of regents of The University of Texas |
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System. |
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(e) On the date Stephen F. Austin State University is |
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abolished as provided by this Act, the terms of office of members of |
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the board of regents of Stephen F. Austin State University expire. |
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SECTION 3. UNIVERSITY CREATED; TRANSITION PROVISIONS. (a) |
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Stephen F. Austin State University, a member of The University of |
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Texas System, is created within The University of Texas System. As |
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provided by Chapter 80, Education Code, as added by this Act, the |
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board of regents of The University of Texas System shall establish |
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the university as a general academic teaching institution offering |
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the degrees authorized by that chapter. |
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(b) Stephen F. Austin State University, a member of The |
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University of Texas System, shall begin operating on a date the |
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board of regents of The University of Texas System determines |
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appropriate to achieve the maximum operating efficiency of the |
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system. The designated date must be entered into the minutes of the |
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board. |
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(c) In recognition of the abolition of Stephen F. Austin |
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State University as authorized by this Act, the board of regents of |
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The University of Texas System shall facilitate the employment at |
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Stephen F. Austin State University, a member of The University of |
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Texas System, of as many faculty and staff of the abolished |
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university as is prudent and practical, subject to the following: |
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(1) a person who is tenured faculty of Stephen F. |
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Austin State University on the date of the university's abolition |
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is entitled to tenure at Stephen F. Austin State University, a |
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member of The University of Texas System; and |
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(2) a person who is in a tenure-track teaching |
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position at Stephen F. Austin State University on the date of the |
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university's abolition is entitled to a tenure-track position at |
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Stephen F. Austin State University, a member of The University of |
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Texas System, and must be considered for tenure on the same schedule |
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governing the position at Stephen F. Austin State University. |
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(d) A student admitted to or enrolled at Stephen F. Austin |
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State University on the date of abolition is entitled to admission |
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to Stephen F. Austin State University, a member of The University of |
|
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Texas System, and the board of regents of The University of Texas |
|
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System shall take actions necessary to facilitate that admission |
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and the appropriate transfer of credits. |
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(e) On the date Stephen F. Austin State University is |
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abolished as provided by this Act, all money, property, and |
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facilities under the management and control of the board of regents |
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of Stephen F. Austin State University are transferred to the |
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management and control of the board of regents of The University of |
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Texas System for the use and benefit of Stephen F. Austin State |
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University, a member of The University of Texas System. |
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(f) On the date Stephen F. Austin State University is |
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abolished as provided by this Act, the board of regents of The |
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University of Texas System is substituted in contracts and other |
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obligations for the board of regents of Stephen F. Austin State |
|
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University. Contracts and written obligations of every kind and |
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character entered into by the board of regents of Stephen F. Austin |
|
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State University or the Texas Public Finance Authority for and on |
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behalf of Stephen F. Austin State University, including bonds, are |
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considered ratified, confirmed, and validated by the board of |
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regents of The University of Texas System. In those contracts and |
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written obligations, the board of regents of The University of |
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Texas System is substituted for and stands and acts in the place of |
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the board of regents of Stephen F. Austin State University or the |
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Texas Public Finance Authority, as applicable, to the extent |
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permitted by law. To the extent that Stephen F. Austin State |
|
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University has authorized but unissued bonding authority under |
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Section 55.1797, Education Code, the board of regents of The |
|
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University of Texas System may issue bonds in that amount and for |
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the same purposes under the systemwide revenue financing program |
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for the benefit of Stephen F. Austin State University, a member of |
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The University of Texas System. |
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(g) For Stephen F. Austin State University, a member of The |
|
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University of Texas System, the board of regents of The University |
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of Texas System may impose and collect any fee authorized by prior |
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law for Stephen F. Austin State University, as that law existed at |
|
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the time the university was abolished, as determined by the board |
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and subject to the limitations provided by the prior law |
|
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authorizing the fee. The abolition of Stephen F. Austin State |
|
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University does not affect any pledge of revenue from a fee made by |
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or on behalf of the university to pay obligations issued in |
|
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connection with facilities for which the fee was imposed and the |
|
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obligations were issued. |
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(h) A person who is a participant in a group benefits |
|
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insurance program of Stephen F. Austin State University under |
|
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Chapter 1551, Insurance Code, or who would be eligible to |
|
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participate in that program at a future date as a retiree, is |
|
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eligible to participate in the uniform benefits insurance program |
|
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of The University of Texas System under Chapter 1601, Insurance |
|
|
Code, as an employee, current retiree, or vested former employee of |
|
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Stephen F. Austin State University, a member of The University of |
|
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Texas System, or as a dependent or surviving dependent, as if all |
|
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benefits-eligible service credit had been earned in a |
|
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benefits-eligible position at Stephen F. Austin State University, a |
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member of The University of Texas System. On behalf of those |
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participants under Chapter 1551, Insurance Code, who become |
|
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participants under Chapter 1601, Insurance Code, the Employees |
|
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Retirement System of Texas shall transfer to The University of |
|
|
Texas System a lump sum actuarially determined to preserve existing |
|
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equities within the respective insurance programs. The systems |
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shall agree on the amount and the date of the transfer. |
|
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(i) For Stephen F. Austin State University, a member of The |
|
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University of Texas System, the board of regents of The University |
|
|
of Texas System shall seek the inclusion of the university |
|
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initially in the same athletic conferences, and participation in |
|
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the same National Collegiate Athletic Association division, as |
|
|
Stephen F. Austin State University immediately before its |
|
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abolition. |
|
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SECTION 4. AMENDMENT. Section 59.06, Education Code, is |
|
|
amended to read as follows: |
|
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Sec. 59.06. LIMITATION ON APPROPRIATED FUNDS. Funds |
|
|
appropriated by the legislature to The University of Texas System, |
|
|
The Texas A&M University System, the Texas Tech University System, |
|
|
the Texas State University System, the University of Houston |
|
|
System, [Stephen F. Austin State University,] or the University of |
|
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North Texas System from the General Revenue Fund may not be used to |
|
|
establish or maintain the fund, to purchase insurance, or to employ |
|
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private legal counsel. |
|
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SECTION 5. 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: |
|
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(1) to the following component institutions of the |
|
|
University of North Texas System: |
|
|
(A) $38,473,304 [$37,346,563] to the University |
|
|
of North Texas; |
|
|
(B) $15,581,837 [$15,125,502] to the University |
|
|
of North Texas Health Science Center at Fort Worth; and |
|
|
(C) $3,455,644 [$3,354,441] to the University of |
|
|
North Texas at Dallas; |
|
|
(2) [$11,277,793 to Stephen F. Austin State |
|
|
University; |
|
|
[(3)] to the following component institutions of the |
|
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Texas State University System: |
|
|
(A) $13,537,649 [$13,141,181] to Lamar |
|
|
University; |
|
|
(B) $2,630,158 [$2,553,130] to the Lamar |
|
|
Institute of Technology; |
|
|
(C) $1,533,301 [$1,488,396] to Lamar State |
|
|
College--Orange; |
|
|
(D) $2,283,992 [$2,217,102] to Lamar State |
|
|
College--Port Arthur; |
|
|
(E) $18,787,013 [$18,236,811] to Sam Houston |
|
|
State University; |
|
|
(F) $38,741,061 [$37,606,478] to Texas State |
|
|
University; |
|
|
(G) $2,216,640 [$2,151,723] to Sul Ross State |
|
|
University; and |
|
|
(H) $487,157 [$472,890] to Sul Ross State |
|
|
University-Rio Grande College; |
|
|
(3) $12,072,906 [(4) $11,719,335] to Texas Southern |
|
|
University; |
|
|
(4) [(5)] to the following component institutions of |
|
|
the Texas Tech University System: |
|
|
(A) $51,379,461 [$49,874,746] to Texas Tech |
|
|
University; |
|
|
(B) $22,305,642 [$21,652,392] to Texas Tech |
|
|
University Health Sciences Center; |
|
|
(C) $6,997,943 [$6,792,999] to Angelo State |
|
|
University; |
|
|
(D) $5,725,243 [$5,557,572] to Texas Tech |
|
|
University Health Sciences Center--El Paso; and |
|
|
(E) $5,082,034 [$4,933,200] to Midwestern State |
|
|
University; |
|
|
(5) $14,993,229 [(6) $14,554,133] to the component |
|
|
institutions of the Texas Woman's University System, allocated as |
|
|
determined by the board of regents of the system; |
|
|
(6) [(7)] to the following component institutions of |
|
|
the University of Houston System: |
|
|
(A) $56,158,685 [$54,514,004] to the University |
|
|
of Houston; |
|
|
(B) $3,649,703 [$3,542,817] to the University of |
|
|
Houston--Victoria; |
|
|
(C) $7,959,137 [$7,726,043] to the University of |
|
|
Houston--Clear Lake; and |
|
|
(D) $11,155,034 [$10,828,344] to the University |
|
|
of Houston--Downtown; |
|
|
(7) [(8)] to the following component institutions of |
|
|
The Texas A&M University System: |
|
|
(A) $11,825,139 [$11,478,824] to Texas A&M |
|
|
University--Corpus Christi; |
|
|
(B) $7,687,534 [$7,462,394] to Texas A&M |
|
|
International University; |
|
|
(C) $9,125,307 [$8,858,060] to Texas A&M |
|
|
University--Kingsville; |
|
|
(D) $7,671,155 [$7,446,495] to West Texas A&M |
|
|
University; |
|
|
(E) $11,459,464 [$11,123,859] to Texas A&M |
|
|
University--Commerce; and |
|
|
(F) $2,112,129 [$2,050,273] to Texas A&M |
|
|
University--Texarkana; and |
|
|
(8) [(9)] $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 |
|
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(F) Texas State Technical College--North Texas. |
|
|
SECTION 6. AMENDMENT. Section 65.02(a), Education Code, is |
|
|
amended to read as follows: |
|
|
(a) The University of Texas System is composed of the |
|
|
following institutions and entities: |
|
|
(1) The University of Texas at Arlington[, including: |
|
|
[(A) The University of Texas Institute of Urban |
|
|
Studies at Arlington; and |
|
|
[(B) The University of Texas School of Nursing at |
|
|
Arlington]; |
|
|
(2) The University of Texas at Austin[, including: |
|
|
[(A) The University of Texas Marine Science |
|
|
Institute; |
|
|
[(B) The University of Texas McDonald |
|
|
Observatory at Mount Locke; and |
|
|
[(C) The University of Texas School of Nursing at |
|
|
Austin]; |
|
|
(3) The University of Texas at Dallas; |
|
|
(4) The University of Texas at El Paso[, including The |
|
|
University of Texas School of Nursing at El Paso]; |
|
|
(5) The University of Texas [of the] Permian Basin; |
|
|
(6) The University of Texas at San Antonio[, including |
|
|
the University of Texas Institute of Texan Cultures at San |
|
|
Antonio]; |
|
|
(7) The University of Texas Southwestern Medical |
|
|
Center[, including: |
|
|
[(A) The University of Texas Southwestern |
|
|
Medical School at Dallas; |
|
|
[(B) The University of Texas Southwestern |
|
|
Graduate School of Biomedical Sciences at Dallas; and |
|
|
[(C) The University of Texas Southwestern Allied |
|
|
Health Sciences School at Dallas]; |
|
|
(8) The University of Texas Medical Branch at |
|
|
Galveston[, including: |
|
|
[(A) The University of Texas Medical School at |
|
|
Galveston; |
|
|
[(B) The University of Texas Graduate School of |
|
|
Biomedical Sciences at Galveston; |
|
|
[(C) The University of Texas School of Allied |
|
|
Health Sciences at Galveston; |
|
|
[(D) The University of Texas Marine Biomedical |
|
|
Institute at Galveston; |
|
|
[(E) The University of Texas Hospitals at |
|
|
Galveston; and |
|
|
[(F) The University of Texas School of Nursing at |
|
|
Galveston]; |
|
|
(9) The University of Texas Health Science Center at |
|
|
Houston[, including: |
|
|
[(A) The University of Texas Medical School at |
|
|
Houston; |
|
|
[(B) The University of Texas Dental Branch at |
|
|
Houston; |
|
|
[(C) The University of Texas Graduate School of |
|
|
Biomedical Sciences at Houston; |
|
|
[(D) The University of Texas School of Health |
|
|
Information Sciences at Houston; |
|
|
[(E) The University of Texas School of Public |
|
|
Health at Houston; |
|
|
[(F) The University of Texas Speech and Hearing |
|
|
Institute at Houston; and |
|
|
[(G) The University of Texas School of Nursing at |
|
|
Houston]; |
|
|
(10) The University of Texas Health Science Center at |
|
|
San Antonio[, including: |
|
|
[(A) The University of Texas Medical School at |
|
|
San Antonio; |
|
|
[(B) The University of Texas Dental School at San |
|
|
Antonio; |
|
|
[(C) The University of Texas Graduate School of |
|
|
Biomedical Sciences at San Antonio; |
|
|
[(D) The University of Texas School of Allied |
|
|
Health Sciences at San Antonio; and |
|
|
[(E) The University of Texas School of Nursing at |
|
|
San Antonio]; |
|
|
(11) The University of Texas M. D. Anderson Cancer |
|
|
Center[, including: |
|
|
[(A) The University of Texas M. D. Anderson |
|
|
Hospital; |
|
|
[(B) The University of Texas M. D. Anderson Tumor |
|
|
Institute; and |
|
|
[(C) The University of Texas M. D. Anderson |
|
|
Science Park]; [and] |
|
|
(12) Stephen F. Austin State University, a member of |
|
|
The University of Texas System; |
|
|
(13) The University of Texas at Tyler; and |
|
|
(14) The University of Texas Rio Grande Valley [The |
|
|
University of Texas Health Science Center--South Texas, including |
|
|
The University of Texas Medical School--South Texas, if established |
|
|
under Subchapter N, Chapter 74]. |
|
|
SECTION 7. EFFECTIVE DATE. (a) Except as otherwise |
|
|
provided by this section, 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 has no effect. |
|
|
(b) Section 62.021(a), Education Code, as amended by this |
|
|
Act, takes effect September 1, 2023. |
|
|
|
|
|
* * * * * |