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  S.B. No. 1909
 
 
 
 
AN ACT
  relating to The University of Texas at Brownsville, including its
  partnership agreement with the Texas Southmost College District.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (c), Section 78.02, Education Code,
  is amended to read as follows:
         (c)  The university may enter into any [a partnership]
  agreement with the Texas Southmost [Union Junior] College District
  to facilitate higher education advancement and opportunity in the
  district's service area and the transition of students from Texas
  Southmost College to [in the manner authorized by Subchapter N,
  Chapter 51, to offer a lower-division, occupational, or technical
  course that is not offered at] the university. An agreement may
  cover any matter related to those purposes, including the
  facilitation of the transfer of course credit and the alignment of
  courses between the university and the college.
         SECTION 2.  Section 78.03, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The board may prescribe courses leading to customary
  degrees offered at leading American universities and may award
  those degrees, including bachelor's, master's, and doctoral degrees
  and their equivalents [authorize the university to offer any
  upper-level or graduate course which is authorized by the Texas
  Higher Education Coordinating Board].
         (a-1)  A department, school, or degree program may not be
  instituted without the prior approval of the Texas Higher Education
  Coordinating Board.
         SECTION 3.  Section 78.04, Education Code, is amended to
  read as follows:
         Sec. 78.04.  FACILITIES. (a)  The board shall make
  provisions for adequate physical facilities for use by the
  university. Subject to the agreement of the parties as provided by
  Subsection (b), the facilities may include facilities[,] on land
  committed by the board of trustees of the Texas Southmost [Union
  Junior] College District on the district's Texas Southmost College
  campus. The provision of facilities is[,] subject to the normal
  requirements of the board and the Texas Higher Education
  Coordinating Board.
         (b)  The board and the board of trustees of the Texas
  Southmost College District may contract with each other for the use
  of facilities. The terms of the contract shall be negotiated
  between the parties and must provide for reasonable compensation
  for the use of facilities.
         SECTION 4.  Subsections (b) and (d), Section 78.02, and
  Sections 78.07 and 78.08, Education Code, are repealed.
         SECTION 5.  (a)  The University of Texas at Brownsville and
  the Texas Southmost College District, formerly referred to as the
  Southmost Union Junior College District, are free-standing,
  independent institutions that have operated in close association
  under a partnership agreement authorized by Section 78.02,
  Education Code. It is the intent of this Act to facilitate the
  independent operation of the university and the college district in
  the absence of such a partnership, but this Act does not affect the
  authority of the university and the college district to continue in
  partnership or to establish a new partnership at a future date.
         (b)  The University of Texas at Brownsville and the Texas
  Southmost College District shall cooperate to ensure that each
  institution timely achieves separate accreditation from a
  recognized accrediting agency before the termination of the
  existing partnership agreement and shall continue a partnership
  agreement in effect until August 31, 2015, to the extent necessary
  to ensure accreditation.
         (c)  The University of Texas at Brownsville and the Texas
  Southmost College District may extend or renew the existing
  partnership agreement, agree to its earlier termination, or execute
  a new agreement as necessary to ensure accreditation.
         (d)  The University of Texas at Brownsville and the Texas
  Southmost College District shall submit to the legislature a
  semiannual report on the status of the partnership until each
  institution achieves separate accreditation and the existing
  partnership agreement is terminated.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1909 passed the Senate on
  May 5, 2011, by the following vote: Yeas 31, Nays 0; and that the
  Senate concurred in House amendment on May 27, 2011, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1909 passed the House, with
  amendment, on May 24, 2011, by the following vote: Yeas 144,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor