By: Zaffirini, Eltife, Seliger  S.B. No. 16
         (In the Senate - Filed March 6, 2013; March 12, 2013, read
  first time and referred to Committee on Finance; April 16, 2013,
  reported adversely, with favorable Committee Substitute by the
  following vote:  Yeas 14, Nays 0; April 16, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 16 By:  Zaffirini
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to authorizing the issuance of revenue bonds to fund
  capital projects at public institutions of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 55, Education Code, is
  amended by adding Sections 55.1781, 55.1782, 55.1783, 55.1784,
  55.1785, 55.1786, 55.1787, 55.1788, 55.1789, 55.17891, and
  55.17892 to read as follows:
         Sec. 55.1781.  THE TEXAS A&M UNIVERSITY SYSTEM; ADDITIONAL
  BONDS. (a)  In addition to the other authority granted by this
  subchapter, the board of regents of The Texas A&M University 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)  Texas A&M University--Commerce, $45 million for a
  library and technology center;
               (2)  Texas A&M University--Corpus Christi, $75 million
  for a life sciences research building;
               (3)  Texas A&M University--Kingsville, $42 million for
  music building expansion and renovation of Jones Auditorium;
               (4)  Texas A&M University--Texarkana, $46 million for
  an academic and laboratory learning center;
               (5)  West Texas A&M University, $12 million for the
  Amarillo Center;
               (6)  The Texas A&M University System Health Science
  Center:
                     (A)  $9 million for facilities in Round Rock,
  Texas;
                     (B)  $45 million for a research building in
  Temple, Texas; and
                     (C)  $80 million for an education center and
  research building in Dallas, Texas; and
               (7)  Texas A&M International University:
                     (A)  $52 million for library renovation,
  additional instructional spaces, and a support services building;
  and
                     (B)  $11 million for an addition to the science
  center.
         (b)  If the board of regents of The Texas A&M University
  System provides funds from additional sources available to the
  board, including the proceeds of bonds issued under Section 55.13,
  but not including the proceeds of bonds issued under this section,
  in an amount equal to one-half of the amount specified for each
  project authorized below, the board may, in addition to the other
  authority granted by this subchapter, 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)  Prairie View A&M University, $5,333,333 for
  critical deferred maintenance;
               (2)  Tarleton State University, $43,333,333 for the
  Gates Agriculture and Business Building;
               (3)  Texas A&M University, $53,333,333 for a
  biocontainment research facility;
               (4)  Texas A&M University at Galveston, $30,666,667 for
  an academic building;
               (5)  Texas A&M University--Central Texas, $33,333,333
  for a science, health science, and wellness building; and
               (6)  Texas A&M University--San Antonio:
                     (A)  $46,666,667 for a science and technology
  building; and
                     (B)  $11 million for a central and physical plant
  building.
         (c)  The board may pledge irrevocably to the payment of bonds
  authorized by this section 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.
         (d)  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.
         (e)  The board may not issue bonds under Subsection (a) until
  the board makes the pledge of additional funds required to issue
  bonds under Subsection (b).
         Sec. 55.1782.  THE UNIVERSITY OF TEXAS SYSTEM; ADDITIONAL
  BONDS. (a)  In addition to the other authority granted by this
  subchapter, the board of regents of The University of Texas 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 Texas at Austin, $95 million for
  an engineering education and research center;
               (2)  The University of Texas at Brownsville, $60
  million for a new campus;
               (3)  The University of Texas--Pan American, $98 million
  for Science Building II;
               (4)  The University of Texas Southwestern Medical
  Center at Dallas, $60 million for north campus Phase VI vivarium and
  research facilities;
               (5)  The University of Texas Health Science Center at
  San Antonio, $6 million for a South Texas diabetes institute;
               (6)  The University of Texas M. D. Anderson Cancer
  Center, $50 million for a personalized cancer care building; and
               (7)  The University of Texas Medical Branch at
  Galveston, $40 million for a health education center.
         (b)  If the board of regents of The University of Texas
  System provides funds from additional sources available to the
  board, including the proceeds of bonds issued under Section 55.13,
  but not including the proceeds of bonds issued under this section,
  in an amount equal to the amount specified for each project
  authorized below, the board may, in addition to the other authority
  granted by this subchapter, 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 Texas at Arlington, $32,150,000
  for renovation of and addition to a life science building;
               (2)  The University of Texas at Dallas, $47,500,000 for
  an engineering building;
               (3)  The University of Texas at El Paso, $40 million for
  an interdisciplinary research facility;
               (4)  The University of Texas at San Antonio,
  $46,375,000 for an experimental science instructional building;
               (5)  The University of Texas at Tyler, $24,250,000 for
  a STEM and business complex and renovation of the business
  building;
               (6)  The University of Texas Health Science Center at
  Houston, $58,450,000 for the renovation and modernization of
  educational and research facilities;
               (7)  The University of Texas Health Science Center at
  San Antonio, $4 million for an enhanced performance laboratory for
  the Barshop Institute for Longevity and Aging Studies;
               (8)  The University of Texas Health Science Center at
  Tyler, $2,502,500 for the Riter Center Primary Care Training Center
  renovation; and
               (9)  The University of Texas of the Permian Basin, $30
  million for an engineering building.
         (c)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  an institution, branch, or entity of The University of Texas
  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.
         (d)  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 University
  of Texas 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.
         (e)  The board may not issue bonds under Subsection (a) until
  the board makes the pledge of additional funds required to issue
  bonds under Subsection (b).
         Sec. 55.1783.  UNIVERSITY OF HOUSTON SYSTEM; ADDITIONAL
  BONDS. (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, $70 million for a
  pharmacy and biomedical sciences building;
               (2)  the University of Houston--Clear Lake,
  $75,600,000 for a science and academic support building;
               (3)  the University of Houston--Downtown, $41,429,000
  for a science and technology building; and
               (4)  the University of Houston--Victoria, $70 million
  for campus expansion.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  an institution, branch, or entity of the University of Houston
  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 University
  of Houston 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.
         Sec. 55.1784.  TEXAS STATE UNIVERSITY SYSTEM; ADDITIONAL
  BONDS. (a)  In addition to the other authority granted by this
  subchapter, the board of regents of the Texas State University
  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)  Lamar University, $40 million for a science
  building;
               (2)  Lamar State College--Orange, $21 million for a
  multipurpose education building;
               (3)  Lamar State College--Port Arthur, $2,500,000 for
  an addition to the allied health building;
               (4)  Lamar Institute of Technology, $12 million for
  renovation and replacement of the technical arts buildings;
               (5)  Texas State University--San Marcos:
                     (A)  $56 million for a joint project with The
  Texas A&M University System Health Science Center for a medical
  education and research building in Round Rock, Texas; and
                     (B)  $83 million for an engineering and science
  building; and
               (6)  Sam Houston State University, $9,800,000 for an
  agriculture engineering technology building.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  an institution, branch, or entity of the Texas State 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 State
  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.
         Sec. 55.1785.  UNIVERSITY OF NORTH TEXAS SYSTEM; ADDITIONAL
  BONDS. (a)  In addition to the other authority granted by this
  subchapter, the board of regents of the University of North Texas
  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 North Texas System, $25 million
  for college of law building renovations;
               (2)  the University of North Texas, $48 million for a
  science and technology research facility;
               (3)  the University of North Texas at Dallas, $70
  million for a library and student success center; and
               (4)  the University of North Texas Health Science
  Center at Fort Worth, $66,600,000 for an interdisciplinary research
  building.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  an institution, branch, or entity of the University of North Texas
  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 University
  of North Texas 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.
         Sec. 55.1786.  TEXAS WOMAN'S UNIVERSITY. (a)  In addition
  to the other authority granted by this subchapter, the board of
  regents of Texas Woman's University may acquire, purchase,
  construct, improve, renovate, enlarge, or equip property and
  facilities, including roads and related infrastructure, for a
  science and technology learning center, to be financed through the
  issuance of bonds in accordance with this subchapter, not to exceed
  the aggregate principal amount of $37,996,928.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  Texas Woman's University, 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.
         Sec. 55.1787.  MIDWESTERN STATE UNIVERSITY; ADDITIONAL
  BONDS. (a)  In addition to the other authority granted by this
  subchapter, the board of regents of Midwestern State University may
  acquire, purchase, construct, improve, renovate, enlarge, or equip
  property and facilities, including roads and related
  infrastructure, for library, College of Education, and information
  technology facilities at Midwestern State University, to be
  financed through the issuance of bonds in accordance with this
  subchapter, not to exceed the aggregate principal amount of
  $29,990,000.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  Midwestern State University, 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.
         Sec. 55.1788.  STEPHEN F. AUSTIN STATE UNIVERSITY. (a)  In
  addition to the other authority granted by this subchapter, the
  board of regents of Stephen F. Austin State University may acquire,
  purchase, construct, improve, renovate, enlarge, or equip property
  and facilities, including roads and related infrastructure, for a
  science, technology, engineering, and mathematics research
  building at Stephen F. Austin State University, to be financed
  through the issuance of bonds in accordance with this subchapter,
  not to exceed the aggregate principal amount of $50 million.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  Stephen F. Austin State University, 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.
         Sec. 55.1789.  TEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL
  BONDS. (a)  In addition to the other authority granted by this
  subchapter, the board of regents of the Texas Tech University
  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)  Texas Tech University Health Sciences Center:
                     (A)  $40,500,000 for Lubbock education, research,
  and technology facilities;
                     (B)  $75 million for the El Paso Medical Science
  Building II; and
                     (C)  $17,010,000 for the Permian Basin academic
  facility;
               (2)  Texas Tech University, $78,975,000 for a research
  building; and
               (3)  Angelo State University, $16,758,000 for a health
  and human services building.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  an institution, branch, or entity of the Texas Tech 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 Tech
  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.
         Sec. 55.17891.  TEXAS SOUTHERN UNIVERSITY; ADDITIONAL
  BONDS. (a)  In addition to the other authority granted by this
  subchapter, the board of regents of Texas Southern University may
  acquire, purchase, construct, improve, renovate, enlarge, or equip
  property and facilities, including roads and related
  infrastructure, for the Robert J. Terry Library at Texas Southern
  University, to be financed through the issuance of bonds in
  accordance with this subchapter, not to exceed the aggregate
  principal amount of $66,017,661.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  Texas Southern University, 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.
         Sec. 55.17892.  TEXAS STATE TECHNICAL COLLEGE SYSTEM.
  (a)  In addition to the other authority granted by this subchapter,
  the board of regents of the Texas State Technical College 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 for the following
  institutions, not to exceed the following aggregate principal
  amounts for the projects specified, as follows:
               (1)  Texas State Technical College--Harlingen, $3
  million for Phase II of the Engineering Technology Center
  renovation;
               (2)  Texas State Technical College--Marshall,
  $1,500,000 for renovation of aviation technology facilities; and
               (3)  Texas State Technical College--Waco, $5 million
  for water system infrastructure replacement.
         (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 State Technical College 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 State
  Technical College 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.
         SECTION 2.  Subsection (e), Section 61.0572, Education Code,
  is amended to read as follows:
         (e)  Approval of the board is not required to acquire real
  property that is financed by bonds issued under Section 55.17(e)(3)
  or (4), 55.1713-55.1718, 55.1721-55.1728, 55.1735(a)(1), 55.174,
  55.1742, 55.1743, 55.1744, 55.1751-55.17592, 55.1768, 55.1771,
  [or] 55.17721, or 55.1781-55.17892, except that the board shall
  review all real property to be financed by bonds issued under those
  sections to determine whether the property meets the standards
  adopted by the board for cost, efficiency, and space use.  If the
  property does not meet those standards, the board shall notify the
  governor, the lieutenant governor, the speaker of the house of
  representatives, and the Legislative Budget Board.
         SECTION 3.  Subsection (b), Section 61.058, Education Code,
  is amended to read as follows:
         (b)  This section does not apply to construction, repair, or
  rehabilitation financed by bonds issued under Section 55.17(e)(3)
  or (4), 55.1713-55.1718, 55.1721-55.1728, 55.174, 55.1742,
  55.1743, 55.1744, 55.1751-55.17592, 55.1768, 55.1771, [or]
  55.17721, or 55.1781-55.17892, except that the board shall review
  all construction, repair, or rehabilitation to be financed by bonds
  issued under those sections to determine whether the construction,
  rehabilitation, or repair meets the standards adopted by board rule
  for cost, efficiency, and space use.  If the construction,
  rehabilitation, or repair does not meet those standards, the board
  shall notify the governor, the lieutenant governor, the speaker of
  the house of representatives, and the Legislative Budget Board.
         SECTION 4.  This Act does not affect any authority or
  restriction regarding the activities that a public institution of
  higher education may conduct in connection with a facility financed
  by bonds authorized by this Act.
         SECTION 5.  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, 2013.
 
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