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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Higher Education |
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Coordinating Board to review and approve capital projects and |
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purchases of real property at public institutions of higher |
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education in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (b), (d), and (e), Section 61.0572, |
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Education Code, are amended to read as follows: |
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(b) The board shall: |
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(1) determine formulas for space utilization in all |
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educational and general buildings and facilities at institutions of |
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higher education; |
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(2) devise and promulgate methods to assure maximum |
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daily and year-round use of educational and general buildings and |
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facilities, including but not limited to maximum scheduling of day |
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and night classes and maximum summer school enrollment; |
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(3) consider plans for selective standards of |
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admission when institutions of higher education approach capacity |
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enrollment; |
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(4) require, and assist the public technical |
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institutes, public senior colleges and universities, medical and |
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dental units, and other agencies of higher education in developing |
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long-range campus master plans for campus development; and |
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(5) [endorse, or delay until the next succeeding
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session of the legislature has the opportunity to approve or
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disapprove, the proposed purchase of any real property by an
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institution of higher education, except a public junior college;
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[(6)
develop and publish standards, rules, and
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regulations to guide the institutions and agencies of higher
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education in making application for the approval of new
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construction and major repair and rehabilitation of all buildings
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and facilities regardless of proposed use; and
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[(7)] ascertain that the board's standards and |
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specifications for new construction, repair, and rehabilitation of |
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all buildings and facilities are in accordance with Chapter 469, |
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Government Code [Article 9102, Revised Statutes]. |
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(d) [(1)] The board[, for purposes of state funding,] may |
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review purchases of [and approve as an addition to an institution's
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educational and general buildings and facilities inventory any] |
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improved real property added to an institution's educational and |
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general buildings and facilities inventory [acquired by gifts or
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lease-purchase only if:
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[(A)
the institution requests to place the
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improved real property on its educational and general buildings and
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facilities inventory; and
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[(B)
the value of the improved real property is
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more than $300,000 at the time the institution requests the
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property to be added to the educational and general buildings and
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facilities inventory.
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[(2)
This subsection does not apply to gifts, grants,
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or lease-purchase arrangements intended for clinical or research
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facilities.
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[(e)
Approval of the board is not required to acquire real
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property that is financed by bonds issued under Section 55.17(e)(3)
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or (4), 55.1713-55.1718, 55.1721-55.1728, 55.1735(a)(1), 55.174,
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55.1742, 55.1743, 55.1744, 55.1751-55.17592, 55.1768, 55.1771, or
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55.17721, except that the board shall review all real property to be
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financed by bonds issued under those sections] to determine whether |
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the property meets the standards adopted by the board for cost, |
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efficiency, and space use, but the purchase of the improved real |
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property is not contingent on board review. If the property does |
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not meet those standards, the board shall notify the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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and the Legislative Budget Board. This subsection does not impair |
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the board's authority to collect data relating to the improved real |
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property that is added each year to the educational and general |
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buildings and facilities inventory of institutions of higher |
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education. |
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SECTION 2. Subsections (a) and (b), Section 61.058, |
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Education Code, are amended to read as follows: |
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(a) This section does not apply to [Except as provided by
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Subsection (b) of this section, the board shall approve or
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disapprove all new construction and repair and rehabilitation of
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all buildings and facilities at institutions of higher education
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financed from any source provided that:
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[(A)
the board's consideration and determination
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shall be limited to the purpose for which the new or remodeled
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buildings are to be used to assure conformity with approved space
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utilization standards and the institution's approved programs and
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role and mission if the cost of the project is not more than
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$4,000,000, but the board may consider cost factors and the
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financial implications of the project to the state if the total cost
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is in excess of $4,000,000;
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[(B)
the requirement of approval for new
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construction applies only to projects the total cost of which is in
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excess of $4,000,000;
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[(C)
the requirement of approval for major repair
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and rehabilitation of buildings and facilities applies only to a
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project the total cost of which is more than $4,000,000;
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[(D)
the requirement of approval or disapproval
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by the board does not apply to any new construction or major repair
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and rehabilitation project that is specifically approved by the
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legislature;
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[(E)
the requirement of approval by the board
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does not apply to a junior college's construction, repair, or
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rehabilitation financed entirely with funds from a source other
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than the state, including funds from ad valorem tax receipts of the
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college, gifts, grants, and donations to the college, and student
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fees; and
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[(F)
the requirement of approval by the board
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does not apply to construction, repair, or rehabilitation of
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privately owned buildings and facilities located on land leased
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from an institution of higher education if the construction,
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repair, or rehabilitation is financed entirely from funds not under
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the control of the institution, and provided further that:
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[(i) the] buildings and facilities that are |
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to be used exclusively for auxiliary enterprises[;] and |
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[(ii) the buildings and facilities] will |
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not require appropriations from the legislature for operation, |
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maintenance, or repair [unless approval by the board has been
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obtained]. |
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(b) The [This section does not apply to construction,
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repair, or rehabilitation financed by bonds issued under Section
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55.17(e)(3) or (4), 55.1713-55.1718, 55.1721-55.1728, 55.174,
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55.1742, 55.1743, 55.1744, 55.1751-55.17592, 55.1768, 55.1771, or
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55.17721, except that the] board may [shall] review all |
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construction, repair, or rehabilitation of buildings and |
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facilities at institutions of higher education [to be financed by
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bonds issued under those sections] to determine whether the |
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construction, rehabilitation, or repair meets the standards |
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adopted by board rule for cost, efficiency, and space use, but the |
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construction, rehabilitation, or repair is not contingent on board |
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review. If the construction, rehabilitation, or repair does not |
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meet those standards, the board shall notify the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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and the Legislative Budget Board. This subsection does not impair |
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the board's authority to collect data relating to the construction, |
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repair, or rehabilitation of buildings and facilities occurring |
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each year at institutions of higher education. |
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SECTION 3. The following provisions of the Education Code |
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are repealed: |
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(1) Section 61.0573; and |
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(2) Subsection (c), Section 61.058. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |