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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Thurgood Marshall School of |
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Law as an independent public institution of higher education; |
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granting a power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. AMENDMENT. Subtitle F, Title 3, Education Code, |
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is amended by adding Chapter 112 to read as follows: |
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CHAPTER 112. THURGOOD MARSHALL SCHOOL OF LAW |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 112.001. THURGOOD MARSHALL SCHOOL OF LAW. The |
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Thurgood Marshall School of Law is established in the city of |
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Houston. |
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SUBCHAPTER B. ADMINISTRATIVE PROVISIONS |
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Sec. 112.051. BOARD OF REGENTS. The organization, control, |
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and management of the Thurgood Marshall School of Law is vested in a |
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board of nine regents appointed by the governor and confirmed by the |
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senate. |
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Sec. 112.052. TERM OF OFFICE; VACANCY. (a) Members of the |
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board of regents hold office for staggered terms of six years, with |
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the terms of three members expiring on February 1 of each |
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odd-numbered year. |
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(b) A vacancy on the board shall be filled by appointment |
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for the unexpired portion of the term. |
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Sec. 112.053. QUALIFICATIONS. Each member of the board of |
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regents must be a qualified voter of this state. |
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Sec. 112.054. OFFICERS; MEETINGS. The board of regents |
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shall elect a chair and any other officers the board considers |
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necessary. The chair may convene the board when the chair considers |
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it expedient to consider any business related to the school of law. |
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Sec. 112.055. EXPENSES. Members of the board of regents |
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serve without pay but shall be reimbursed for their actual expenses |
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incurred in attending the work of the board, subject to the approval |
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of the board's chair. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 112.101. GENERAL POWERS AND DUTIES. (a) The board of |
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regents shall adopt bylaws, rules, and regulations the board |
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considers necessary and proper for the governance of the school of |
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law. |
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(b) The board may prescribe courses leading to customary |
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degrees offered by other leading American schools of law and may |
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award those degrees. |
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Sec. 112.102. GIFTS, GRANTS. The board of regents may |
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solicit and accept from public or private sources gifts and grants |
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of money or property for the benefit of the school of law. |
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Sec. 112.103. ACQUISITION AND DISPOSITION OF LAND. (a) The |
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board of regents on behalf of the school of law may acquire by |
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purchase, exchange, or otherwise any tract or parcel of land or |
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other real property necessary or convenient for carrying out the |
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purposes of a state-supported school of law, and may sell, |
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exchange, or lease any land owned by the school of law. |
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(b) The proceeds from any lease of land or other real |
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property shall be added to the general funds of the school of law. |
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The proceeds from any sale of land or other real property shall be |
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added to the capital funds of the school. |
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(c) The board has the power of eminent domain for land |
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acquisitions permitted by Subsection (a). |
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Sec. 112.104. SUITS. Venue for a suit against the school of |
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law is in Harris County or Travis County. Process may be served on |
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the school of law only by service of citation on the school of law's |
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chief executive officer. |
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Sec. 112.105. LEGISLATIVE INTENT. The authority granted |
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the board of regents under this subchapter is intended to be the |
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same as the authority granted to the governing boards of The |
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University of Texas System, The Texas A&M University System, and |
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similar institutions with regard to the control and use of local |
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funds. |
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SECTION 2. TRANSFER OF GOVERNANCE AND PROPERTY OF THURGOOD |
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MARSHALL SCHOOL OF LAW. (a) Effective June 1, 2020, the |
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governance, control, and management of the Thurgood Marshall School |
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of Law are transferred from the board of regents of Texas Southern |
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University to the board of regents of the Thurgood Marshall School |
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of Law. The transfer is governed by Sections 3 through 7 of this |
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Act. |
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(b) On the date of the transfer provided by Subsection (a) |
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of this section, all real and personal property of Texas Southern |
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University used primarily for the operation of the Thurgood |
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Marshall School of Law is transferred to the Thurgood Marshall |
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School of Law. |
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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 Thurgood |
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Marshall School of Law shall govern, operate, manage, and control |
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the Thurgood Marshall School of Law and all real and personal |
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property belonging to and constituting the Thurgood Marshall School |
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of Law under the powers and duties conferred by law on the board of |
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regents. |
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(b) The Thurgood Marshall School of Law may continue to |
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award degrees in the same disciplines and of the same academic |
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standing after the transfer authorized by this Act as those in which |
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degrees were awarded by the Thurgood Marshall School of Law before |
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the transfer, subject to the authority of the Texas Higher |
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Education Coordinating Board regarding existing degree programs. |
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(c) Rules and policies adopted by the board of regents of |
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Texas Southern University to govern the Thurgood Marshall School of |
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Law that are in effect when the transfer takes effect are continued |
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in effect until adopted, repealed, or superseded by the board of |
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regents of the Thurgood Marshall School of Law. The board of |
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regents of the Thurgood Marshall School of Law may adopt rules and |
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policies applicable to the school of law in anticipation of the |
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transfer authorized by this 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 Texas Southern |
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University for and on behalf of the Thurgood Marshall School of Law, |
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including bonds, are considered ratified, confirmed, and validated |
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by the board of regents of the Thurgood Marshall School of Law on |
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the effective date of the transfer. In those contracts and written |
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obligations, the board of regents of the Thurgood Marshall School |
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of Law is substituted for and stands and acts in the place of the |
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board of regents of Texas Southern University 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 the Thurgood Marshall School |
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of Law under this Act does not affect the status of any student of |
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the school of law enrolled at the school of law when the transfer |
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takes effect. |
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(b) The transfer of the governance of the Thurgood Marshall |
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School of Law under this Act does not affect the employment status |
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or accrued benefits of any person employed by the school of law when |
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the 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 the Thurgood Marshall |
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School of Law under the governance of the board of regents of Texas |
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Southern University are transferred to the board of regents of the |
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Thurgood Marshall School of Law for the use and benefit of the |
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school of law. |
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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 the Thurgood Marshall School of Law from the board of |
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regents of Texas Southern University to the board of regents of the |
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Thurgood Marshall School of Law be made without disrupting the |
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students, faculty, staff, or programs of the school of law. If |
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those boards of regents are unable to agree as to any matter |
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relating to the transfer, the Texas Higher Education Coordinating |
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Board on 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. APPOINTMENT OF INITIAL BOARD OF REGENTS. Not |
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later than December 1, 2019, the governor shall appoint the initial |
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members of the board of regents of the Thurgood Marshall School of |
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Law under Chapter 112, Education Code, as added by this Act. The |
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governor shall appoint: |
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(1) three members whose terms expire February 1, 2021; |
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(2) three members whose terms expire February 1, 2023; |
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and |
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(3) three members whose terms expire February 1, 2025. |
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SECTION 9. EFFECTIVE DATE. This Act takes effect September |
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1, 2019. |