82R8527 KSD-D
	By: Morrison	H.B. No. 2556

	A BILL TO BE ENTITLED
	AN ACT
	relating to the transfer of the University of Houston--Victoria 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.  TEXAS A&M UNIVERSITY--VICTORIA
	Sec. 87.881.  ESTABLISHMENT; SCOPE. (a)  Texas A&M
	University--Victoria is a general academic teaching institution
	located in the city of Victoria.
	(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 of
	regents has the same powers and duties concerning Texas A&M
	University--Victoria as are conferred on the board by statute
	concerning Texas A&M University.
	Sec. 87.882.  COURSES AND DEGREES; ADMINISTRATION. (a) The
	university shall offer undergraduate and graduate level programs.
	(b)  The board of regents may prescribe courses leading to
	appropriate degrees and adopt other rules necessary for the
	operation and management of the university.
	(c)  The university is subject to the authority of the Texas
	Higher Education Coordinating Board.
	Sec. 87.883.  GIFTS AND GRANTS. The board of regents may
	solicit, accept, and administer gifts and grants for the use and
	benefit of the university.
	SECTION 2.  TRANSFER OF GOVERNANCE OF UNIVERSITY. The
	governance, control, management, and property of the University of
	Houston--Victoria are transferred from the board of regents of the
	University of Houston 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 the
	University of Houston--Victoria and all land, buildings,
	facilities, improvements, equipment, supplies, and property
	belonging to and constituting the University of Houston--Victoria
	under the powers and duties conferred by law on the board of
	regents.
	(b)  Rules and policies adopted by the board of regents of
	the University of Houston 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	until adopted, repealed, or superseded by the board of regents of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 University of
	Houston System for and on behalf of the University of
	Houston--Victoria, 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 University of Houston
	System to the extent permitted by law.
	SECTION 5.  EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
	(a)  The transfer of the governance of the University of
	Houston--Victoria under this Act does not affect the status of any
	student of the university.
	(b)  The transfer of the governance of the University of
	Houston--Victoria under this Act does not affect the employment
	status or accrued benefits of a 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 the University of
	Houston--Victoria under the governance of the board of regents of
	the University of Houston System are transferred to the board of
	regents of The Texas A&M University System for the use and benefit
	of Texas A&M University--Victoria.
	SECTION 7.  LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD.
	It is the intent of the legislature that the transfer of the
	governance of the University of Houston--Victoria from the board of
	regents of the University of Houston 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 55.1723(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 University of Houston
	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 an aggregate principal amount not to
	exceed the following amounts:
	(1)  the University of Houston, $12 million; and
	(2)  the University of Houston--Downtown, $7.5
	million[; and
	[(3)     the University of Houston--Victoria, $10
	million].
	SECTION 9.  AMENDMENT.  Section 55.1733(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 University of Houston
	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)  the University of Houston, $51 million to
	construct science and engineering research and classroom
	facilities;
	(2)  the University of Houston--Downtown, $18,232,500
	to construct a classroom building; and
	(3)  the University of Houston--Clear Lake,
	$30,918,750 to construct a student services and classroom
	building[; and
	[(4)     the University of Houston--Victoria, $2,805,000
	to remodel the University West facility, acquire and renovate a
	facility services building, and renovate and expand a facility for
	the center for community initiatives].
	SECTION 10.  AMENDMENT.  Section 55.1753(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 University of Houston
	System may acquire, purchase, construct, improve, renovate,
	enlarge, or equip facilities, including roads and related
	infrastructure, for the following institutions, 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, in aggregate principal amounts not to exceed
	the following:
	(1)  the University of Houston, $57,600,000 for
	renovation of science laboratories;
	(2)  the University of Houston--Clear Lake,
	$10,604,808 for Arbor Building renovations and additions; and
	(3)  the University of Houston--Downtown, $31,626,000
	for a classroom building at Shea Street[; and
	[(4)  the University of Houston--Victoria:
	[(A)     $22,900,000 for an academic building at the
	University of Houston System Center at Sugar Land;
	[(B)     $6,719,400 for regional economic
	development; and
	[(C)  $1,800,000 for allied health facilities].
	SECTION 11.  AMENDMENT. Subchapter B, Chapter 55, Education
	Code, is amended by adding Section 55.17812 to read as follows:
	Sec. 55.17812.  TEXAS A&M UNIVERSITY--VICTORIA. (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 the University of Houston--Victoria by Sections
	55.1723, 55.173, 55.1733, and 55.1753, 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 55.1723, 55.173, 55.1733, or
	55.1753 may be used only at Texas A&M University--Victoria for the
	purposes for which the bonds for the University of
	Houston--Victoria were authorized to be issued under Section
	55.1723, 55.173, 55.1733, or 55.1753, 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, Education Code, is
	amended to read as follows:
	Sec. 62.021.  ALLOCATIONS. (a) In each state fiscal year
	beginning with the state fiscal year ending August 31, 2011, 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)  $3,559,433 to Midwestern State University;
	(2)  $27,846,476 to the University of North Texas;
	(3)  $8,771,265 to the University of North Texas Health
	Science Center at Fort Worth;
	(4)  $12,311,123 to The University of Texas--Pan
	American;
	(5)  $5,057,420 to The University of Texas at
	Brownsville;
	(6)  $8,425,937 to Stephen F. Austin State University;
	(7)  to the following component institutions of the
	Texas State University System:
	(A)  $8,330,933 to Lamar University;
	(B)  $2,332,463 to the Lamar Institute of
	Technology;
	(C)  $1,235,752 to Lamar State College--Orange;
	(D)  $1,244,694 to Lamar State College--Port
	Arthur;
	(E)  $11,893,110 to Sam Houston State University;
	(F)  $21,863,258 to Texas State University--San
	Marcos;
	(G)  $1,625,061 to Sul Ross State University; and
	(H)  $445,380 to Sul Ross State University-Rio
	Grande College;
	(8)  $8,894,700 to Texas Southern University;
	(9)  to the following component institutions of the
	Texas Tech University System:
	(A)  $23,936,088 to Texas Tech University;
	(B)  $16,973,569 to Texas Tech University Health
	Sciences Center; and
	(C)  $3,743,027 to Angelo State University;
	(10)  $10,169,695 to Texas Woman's University;
	(11)  to the following component institutions of the
	University of Houston System:
	(A)  $35,885,768 to the University of Houston;
	(B)  [$2,393,921 to the University of
	Houston--Victoria;
	[(C)]  $5,214,167 to the University of
	Houston--Clear Lake; and
	(C) [(D)]  $7,435,238 to the University of
	Houston--Downtown;
	(12)  to the following component institutions of The
	Texas A&M University System:
	(A)  $7,139,067 to Texas A&M University--Corpus
	Christi;
	(B)  $3,796,436 to Texas A&M International
	University;
	(C)  $5,046,885 to Texas A&M
	University--Kingsville;
	(D)  $4,652,995 to West Texas A&M University;
	(E)  $5,193,232 to Texas A&M
	University--Commerce; [and]
	(F)  $1,307,907 to Texas A&M
	University--Texarkana; and
	(G)  $2,393,921 to Texas A&M
	University--Victoria; and
	(13)  $5,775,000 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;
	and
	(D)  Texas State Technical College--Waco.
	SECTION 13.  REPEALER.  The following provisions of the
	Education Code are repealed:
	(1)  Section 55.173; and
	(2)  Subchapter G, Chapter 111.
	SECTION 14.  EFFECTIVE DATE.  This Act takes effect
	September 1, 2011.