HB 5150 Introduced

Relating to the transfer of the University of Houston–Victoria to The Texas A&M University System. 

​ 
 

 

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.  TUITION AND FEES. The tuition and fees

 

authorized by the board of regents of the University of Houston

 

System before and transfer of governance under this Act remain in

 

effect until the board of regents of The Texas A&M University System

 

authorizes a different amount of tuition and fees for the

 

University of Houston-Victoria as provided by law.

 

       SECTION 6.  EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.

 

(a) All students of the University of Houston-Victoria shall

 

become students of Texas A&M University-Victoria on the effective

 

date of this Act. The transfer of the governance of the University

 

of Houston–Victoria under this Act does not otherwise affect the

 

status of any student of the university.

 

       (b)  All employees of the University of Houston-Victoria

 

shall become employees of Texas A&M University-Victoria on the

 

effective date of this Act. The transfer of the governance of the

 

University of Houston–Victoria under this Act does not otherwise

 

affect the employment status or accrued benefits of a person

 

employed by the university when the transfer takes effect.

 

       SECTION 7.  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 8.  AMENDMENT. The heading to Section 54.5405,

 

Education Code, is amended to read as follows:

 

       Sec. 54.5405.  STUDENT CENTER FEE; TEXAS A&M

 

UNIVERSITY–VICTORIA [UNIVERSITY OF HOUSTON-VICTORIA].

 

       SECTION 9.  AMENDMENT. Sections 54.5405(a) and (d),

 

Education Code, are amended to read as follows:

 

       (a)  The board of regents of The Texas A&M [the] University

 

[of Houston] System may impose on each student enrolled at Texas A&M

 

University–Victoria [the University of Houston-Victoria] a

 

student center fee to be used only for the purpose of financing,

 

constructing, operating, maintaining, improving, and equipping a

 

student center at the university. A fee imposed under this section

 

is in addition to any use or service fee authorized to be imposed

 

under other law.

 

       (d)  Revenue from a fee imposed under this section shall be

 

deposited to the credit of an account known as the “Texas A&M

 

University–Victoria [University of Houston-Victoria] Student

 

Center Fee Account” under the control of the university’s student

 

fee advisory committee. Annually, the committee shall submit to

 

the president of the university its recommendation for any change

 

to the amount of the fee and a complete and itemized budget for the

 

student center together with a complete report of all student

 

center activities conducted during the past year and all

 

expenditures made in connection with those activities. The

 

president shall submit the budget to the board of regents as part of

 

the university’s institutional budget. The board of regents may

 

make changes in the budget that the board determines are necessary.

 

       SECTION 10.  AMENDMENT. The heading to Section 54.5406,

 

Education Code, is amended to read as follows:

 

       Sec. 54.5406.  HEALTH AND WELLNESS CENTER FEE; TEXAS A&M

 

UNIVERSITY–VICTORIA [UNIVERSITY OF HOUSTON-VICTORIA].

 

       SECTION 11.  AMENDMENT. Sections 54.5406(a) and (d),

 

Education Code, are amended to read as follows:

 

       (a)  The board of regents of The Texas A&M [the] University

 

[of Houston] System may charge each student enrolled at Texas A&M

 

University–Victoria [the University of Houston-Victoria] a health

 

and wellness center fee. The fee may be used only for the purpose of

 

financing, constructing, operating, maintaining, improving, and

 

equipping a health and wellness center at Texas A&M

 

University–Victoria [the University of Houston-Victoria]. A fee

 

charged under this section is in addition to any use or service fee

 

authorized to be charged under other law.

 

       (d)  Revenue from a fee charged under this section shall be

 

deposited to the credit of an account known as the Texas A&M

 

University–Victoria [University of Houston-Victoria] Health and

 

Wellness Center Fee Account under the control of the university’s

 

student fee advisory committee. Annually, the committee shall

 

submit to the president of the university its recommendation for

 

any change to the amount of the fee and a complete and itemized

 

budget for the health and wellness center together with a complete

 

report of all health and wellness center activities conducted

 

during the past year and all expenditures made in connection with

 

those activities. The president shall submit the budget to the

 

board of regents as part of the university’s institutional budget.

 

The board of regents may make changes in the budget that the board

 

determines are necessary.

 

       SECTION 12.  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 13.  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 14.  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 15.  AMENDMENT. Section 55.1783(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 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 or entities, not to exceed

 

the following aggregate principal amounts for the projects

 

specified, as follows:

 

             (1)  the University of Houston:

 

                   (A)  $63 million for construction of a health and

 

biomedical sciences center; and

 

                   (B)  $54 million for construction of a new

 

academic building located in Sugar Land, Texas;

 

             (2)  the University of Houston–Clear Lake:

 

                   (A)  $24,624,000 for construction of a health

 

sciences and classroom building located in Pearland, Texas; and

 

                   (B)  $54 million for construction of a STEM and

 

classroom building;

 

             (3)  the University of Houston–Downtown, $60 million

 

for construction of a science and technology building;

 

             [(4)  the University of Houston–Victoria, $60 million

 

for academic expansion and land acquisition;] and

 

             (4) [(5)]  the University of Houston System,

 

$46,832,000 for land acquisition for construction of a building in

 

the area near Katy, Texas.

 

       SECTION 16.  AMENDMENT. Section 55.1793(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 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)  the University of Houston System, $59,897,111 for

 

construction of a medical research facility;

 

             (2)  the University of Houston:

 

                   (A)  $40 million for construction of the Hobby

 

School of Public Affairs Building;

 

                   (B)  $52,409,972 for construction of the IDEA Lab;

 

and

 

                   (C)  $52,409,972 for construction of the Sugar

 

Land Academic Building 2;

 

             (3)  the University of Houston–Clear Lake,

 

$44,922,833 for renovation of the Bayou Building, the Delta

 

Building, and the Student Services and Classroom Building; and

 

             (4)  the University of Houston–Downtown, $44,922,833

 

for renovation of existing buildings and other campus

 

infrastructure upgrades and for the construction of the Police

 

Department and Criminal Justice Academy Building[; and

 

             [(5)  the University of Houston–Victoria, $44,922,833

 

for renovation of existing buildings and other campus

 

infrastructure upgrades].

 

       SECTION 17.  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, 55.1753, 55.1783, and 55.1793, 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, 55.1753, 55.1783, or 55.1793 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, 55.1753, 55.1783, or 55.1793, 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 18.  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)  to the following component institutions of the

 

University of North Texas System:

 

                   (A)  $38,473,304 to the University of North Texas;

 

                   (B)  $15,581,837 to the University of North Texas

 

Health Science Center at Fort Worth; and

 

                   (C)  $3,455,644 to the University of North Texas

 

at Dallas;

 

             (2)  to the following component institutions of the

 

Texas State University System:

 

                   (A)  $13,537,649 to Lamar University;

 

                   (B)  $2,630,158 to the Lamar Institute of

 

Technology;

 

                   (C)  $1,533,301 to Lamar State College–Orange;

 

                   (D)  $2,283,992 to Lamar State College–Port

 

Arthur;

 

                   (E)  $18,787,013 to Sam Houston State University;

 

                   (F)  $38,741,061 to Texas State University;

 

                   (G)  $2,216,640 to Sul Ross State University; and

 

                   (H)  $487,157 to Sul Ross State University-Rio

 

Grande College;

 

             (3)  $12,072,906 to Texas Southern University;

 

             (4)  to the following component institutions of the

 

Texas Tech University System:

 

                   (A)  $51,379,461 to Texas Tech University;

 

                   (B)  $22,305,642 to Texas Tech University Health

 

Sciences Center;

 

                   (C)  $6,997,943 to Angelo State University;

 

                   (D)  $5,725,243 to Texas Tech University Health

 

Sciences Center–El Paso; and

 

                   (E)  $5,082,034 to Midwestern State University;

 

             (5)  $14,993,229 to the component institutions of the

 

Texas Woman’s University System, allocated as determined by the

 

board of regents of the system;

 

             (6)  to the following component institutions of the

 

University of Houston System:

 

                   (A)  $56,158,685 to the University of Houston;

 

                   (B)  [$3,649,703 to the University of

 

Houston–Victoria;

 

                   [(C)]  $7,959,137 to the University of

 

Houston–Clear Lake; and

 

                   (C) [(D)]  $11,155,034 to the University of

 

Houston–Downtown;

 

             (7)  to the following component institutions of The

 

Texas A&M University System:

 

                   (A)  $11,825,139 to Texas A&M University–Corpus

 

Christi;

 

                   (B)  $7,687,534 to Texas A&M International

 

University;

 

                   (C)  $9,125,307 to Texas A&M

 

University–Kingsville;

 

                   (D)  $7,671,155 to West Texas A&M University;

 

                   (E)  $11,459,464 to Texas A&M

 

University–Commerce; [and]

 

                   (F)  $2,112,129 to Texas A&M

 

University–Texarkana; and

 

                   (G)  $3,649,703 to Texas A&M

 

University–Victoria; and

 

             (8)  $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 19.  TRANSITION. Not later than June 1, 2025, the

 

University of Houston System and The Texas A&M University System

 

shall enter into a memorandum of understanding relating to the

 

transfer of the administration of the University of

 

Houston-Victoria to The Texas A&M University System. The

 

memorandum of understanding must include a timetable and specific

 

steps and methods for the transfer on September 1, 2025 of all

 

powers, duties, obligations, rights, contracts, leases, records,

 

real or personal property and unspent and unobligated

 

appropriations and other funds relating to the transfer of the

 

University of Houston-Victoria to The Texas A&M University System.

 

       SECTION 20.  REPEALER. The following provisions of the

 

Education Code are repealed:

 

             (1)  Section 55.173; and

 

             (2)  Subchapter G, Chapter 111.

 

       SECTION 21.  EFFECTIVE DATE. This Act takes effect

 

September 1, 2025. 

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