HB5150 - Relating to the transfer of the University of Houston--Victoria to The Texas A&M University System.

  89R21155 AND-D     By: Louderback, Lalani H.B. No. 5150     Substitute the following for H.B. No. 5150:     By:  Tinderholt C.S.H.B. No. 5150       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 8 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 the 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 as provided by law.          SECTION 6.  EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.   (a)  All students of the University of Houston--Victoria shall be   considered 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 be considered 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.  GROUP BENEFITS. (a) A person who is a   participant or is eligible to participate in a group benefits   insurance program of the University of Houston--Victoria under   Chapter 1551, Insurance Code, or who would be eligible to   participate at a future date as a retiree, on the date the transfer   takes effect, as authorized by this Act, is eligible to participate   in the uniform insurance benefits under Chapter 1601, Insurance   Code, as an employee, current retiree, or vested former employee of   Texas A&M University--Victoria, or as a dependent or surviving   dependent, as if all benefits-eligible service credit had been   earned in a benefits-eligible position at Texas A&M   University--Victoria. A person who is eligible under this   subsection for the uniform insurance benefits under Chapter 1601,   Insurance Code, is not eligible to participate in a group benefits   insurance program under Chapter 1551, Insurance Code.          (b)  The Employees Retirement System of Texas, Texas A&M   University--Victoria, and The Texas A&M University System shall   take all actions necessary to implement Subsection (a) of this   section. For that purpose:                (1)  the Employees Retirement System of Texas shall   provide to The Texas A&M University System the information,   including protected health information to the extent authorized by   law, necessary for payment activities and plan operations,   including health plan operations, of the uniform insurance benefits   under Chapter 1601, Insurance Code;                (2)  Texas A&M University--Victoria and The Texas A&M   University System shall ensure that the Employees Retirement System   of Texas receives full contributions for each month in which   employees of Texas A&M University--Victoria are covered by the   group benefits insurance program under Chapter 1551, Insurance   Code; and                (3)  the Employees Retirement System of Texas shall   transfer any funds designated for higher education employees under   Chapter 1551, Insurance Code, for the purpose of providing group   benefits coverage for the employees of the University of   Houston--Victoria who will become employees of Texas A&M   University--Victoria to The Texas A&M University System upon the   effective date of this Act.          SECTION 8.  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 9.  AMENDMENT. Section 11.179(a), Education Code,   is amended to read as follows:          (a)  The board of trustees of a school district may adopt a   policy allowing the consumption, possession, and sale of an   alcoholic beverage at an event held at a performing arts facility   owned by the district if:                (1)  the facility is leased to a nonprofit organization   for an event not sponsored or sanctioned by the district; and                (2)   either the board of trustees of the district had   authority to adopt a policy under this section on or before January   1, 2025, or the district is located in:                      (A)  a county:                            (i)  that has a population of not more than   300,000; and                            (ii)  in which a component university of the   University of Houston System is located; or                      (B)  a county in which is located a facility   described by Subdivision (1) within two miles of two or more   stadiums with a capacity of at least 40,000 people.          SECTION 10.  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 11.  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 12.  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 13.  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 preside [Text truncated for display. 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