| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a requirement that the governing board of a public |
|
|
institution of higher education obtain prior approval from the |
|
|
Texas Higher Education Coordinating Board before making certain |
|
|
land purchases. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 61, Education Code, is |
|
|
amended by adding Section 61.05715 to read as follows: |
|
|
Sec. 61.05715. BOARD APPROVAL REQUIRED FOR CERTAIN LAND |
|
|
PURCHASES. (a) Notwithstanding any other provision of this chapter |
|
|
or other law, the governing board of an institution of higher |
|
|
education may purchase land for the use of the institution that is |
|
|
outside of the service region of the institution only if the |
|
|
governing board obtains prior approval for the purchase from the |
|
|
board. |
|
|
(b) The board by rule shall define the service region for |
|
|
each institution of higher education for purposes of this section |
|
|
so that all the geographic territory of this state is included in at |
|
|
least one service region. In defining the service region for an |
|
|
institution, the board shall include areas: |
|
|
(1) that are in geographic proximity to the |
|
|
institution; |
|
|
(2) in which the institution's students predominantly |
|
|
reside while attending the institution; |
|
|
(3) in which the faculty and staff of the institution |
|
|
primarily reside; |
|
|
(4) in which the institution is a primary contributor |
|
|
to serving local educational and workforce demand; and |
|
|
(5) that otherwise directly benefit by virtue of |
|
|
proximity to the institution. |
|
|
(c) The board may approve a purchase by a governing board of |
|
|
an institution of higher education of land for the use of the |
|
|
institution that is outside of the service region of the |
|
|
institution only if the board determines that: |
|
|
(1) the intended use of the land is consistent with the |
|
|
institution's mission and the goals of the state's master plan for |
|
|
the delivery of higher education in this state and does not |
|
|
unnecessarily duplicate other programs and resources; and |
|
|
(2) the region in which the land is located is not |
|
|
adequately served by other institutions of higher education with |
|
|
respect to the intended use of the land. |
|
|
(d) The board shall adopt rules for the administration of |
|
|
this section, including rules prescribing the procedure by which |
|
|
the governing board of an institution of higher education may seek |
|
|
approval for a land purchase described by this section. |
|
|
(e) This section does not apply to the purchase of permanent |
|
|
university fund land assets. |
|
|
SECTION 2. The Texas Higher Education Coordinating Board |
|
|
shall adopt rules required by Section 61.05715, Education Code, as |
|
|
added by this Act, as soon as practicable following the effective |
|
|
date of this Act, but not later than December 1, 2017. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a contract for the purchase of land entered into on or after |
|
|
January 1, 2018. A contract for the purchase of land entered into |
|
|
before that date is governed by the law in effect on the date the |
|
|
contract is entered into, and the former law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 4. 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, 2017. |