S.B. No. 24

	AN ACT
	relating to the creation of a new university in South Texas within
	The University of Texas System.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  AMENDMENT TO EDUCATION CODE.  Subtitle C, Title
	3, Education Code, is amended by adding Chapter 79 to read as
	follows:
	CHAPTER 79. UNIVERSITY TO BE ESTABLISHED IN SOUTH TEXAS
	Sec. 79.01.  DEFINITIONS. In this chapter:
	(1)  "Board" means the board of regents of The
	University of Texas System.
	(2)  "University" means the university established
	under this chapter.
	Sec. 79.02.  ESTABLISHMENT; SCOPE. (a)  The university is a
	general academic teaching institution under the governance,
	management, and control of the board of regents of The University of
	Texas System.
	(b)  As necessary to achieve the maximum operating
	efficiency of the university, the board shall provide for the
	organization, administration, location, and name of the university
	and of the colleges, schools, and other institutions and entities
	of the university, which must include:
	(1)  an academic campus and other academic operations
	in Cameron County;
	(2)  an academic campus and other academic operations
	in Hidalgo County;
	(3)  the medical school and other programs authorized
	for The University of Texas Health Science Center--South Texas
	under Subchapter N, Chapter 74, subject to the provisions of that
	subchapter regarding the location of certain facilities and
	programs of the health science center;
	(4)  the facilities and operations of the Lower Rio
	Grande Valley Academic Health Center established under Subchapter
	L, Chapter 74; and
	(5)  an academic center in Starr County.
	(c)  The board shall equitably allocate the primary
	facilities and operations of the university among Cameron, Hidalgo,
	and Starr Counties.
	(d)  The board shall ensure that the medical and research
	programs of the medical school component of the university are
	conducted across the region and have a substantial presence in
	Hidalgo County and Cameron County. The board shall also ensure the
	provision of interdisciplinary education across health professions
	within the university.
	(e)  The authority of the board under this section to achieve
	the maximum operating efficiency of the university and to provide
	for the organization, administration, and location of colleges,
	schools, and other institutions and entities of the university
	prevails over other law, including Section 74.611.
	(f)  The board has all the powers and duties provided by
	prior law, as that law existed at the time the applicable university
	or other entity was abolished, in regard to:
	(1)  The University of Texas at Brownsville, The
	University of Texas--Pan American, and any other institution,
	college, school, or entity abolished under the Act authorizing
	creation of the university; and
	(2)  any facility, operation, or program that is
	transferred to the university under that Act.
	(g)  The board may impose and collect any fee authorized by
	prior law, as that law existed at the time the applicable university
	was abolished, for The University of Texas at Brownsville or The
	University of Texas--Pan American, as determined by the board and
	subject to the limitations provided by the prior law authorizing
	the fee.  The abolition of The University of Texas at Brownsville
	and The University of Texas--Pan American does not affect any
	pledge of revenue from a fee made by or on behalf of either of those
	universities to pay obligations issued in connection with
	facilities for which the fee was imposed and the obligations were
	issued.
	Sec. 79.03.  COURSES AND DEGREES. (a)  The board may
	prescribe courses leading to customary degrees offered at leading
	American universities and medical schools as applicable and may
	award those degrees, including:
	(1)  bachelor's, master's, and doctoral degrees and
	their equivalents; and
	(2)  medical school degrees and other health science
	degrees.
	(b)  The board shall award degrees in the name of the
	university.
	(c)  A department, school, or degree program may not be
	instituted without the prior approval of the Texas Higher Education
	Coordinating Board, except that the university may include any
	department or school or offer any degree program previously
	approved for The University of Texas--Pan American or The
	University of Texas at Brownsville or expressly authorized by this
	chapter or other law.
	Sec. 79.04.  UNIVERSITY OF THE FIRST CLASS. The board shall
	make any other rules and regulations for the operation, control,
	and management of the university as may be necessary for the conduct
	of the university as a university of the first class.
	Sec. 79.05.  FACILITIES. The board shall provide for
	adequate physical facilities for use by the university.
	Sec. 79.06.  GIFTS AND GRANTS. The board may solicit,
	accept, and administer, on terms and conditions acceptable to the
	board, gifts, grants, or donations of any kind and from any source
	for use by the university.
	Sec. 79.07.  JOINT APPOINTMENTS. The board may make joint
	faculty appointments to positions in the university and to
	positions in other institutions under the governance of the board.
	Sec. 79.08.  PARTICIPATION IN PERMANENT UNIVERSITY FUND.
	The legislature finds that the university is an institution of
	higher education "created at a later date" for purposes of Section
	18(c), Article VII, Texas Constitution.  If the Act enacting this
	chapter receives a vote of two-thirds of the membership of each
	house of the legislature, when established the university is
	entitled to participate in the funding provided by Section 18,
	Article VII, Texas Constitution, to the same extent as similar
	component institutions of The University of Texas System.
	Sec. 79.09.  CENTER FOR BORDER ECONOMIC AND ENTERPRISE
	DEVELOPMENT. (a)  The board shall establish a center for border
	economic and enterprise development at the university.
	(b)  The center established under this section may:
	(1)  develop and manage an economic database concerning
	the Texas-Mexico border;
	(2)  perform economic development planning and
	research;
	(3)  provide technical assistance to industrial and
	governmental entities; and
	(4)  in cooperation with other state agencies,
	coordinate economic and enterprise development planning activities
	of state agencies to ensure that the economic needs of the
	Texas-Mexico border are integrated within a comprehensive state
	economic development plan.
	(c)  The center may offer seminars and conduct conferences
	and other educational programs concerning the Texas-Mexico border
	economy and economic and enterprise development within this state.
	(d)  The board may solicit and accept gifts, grants, and
	donations to aid in the establishment, maintenance, and operation
	of the center.
	(e)  The center shall cooperate fully with similar programs
	operated by Texas A&M International University, The University of
	Texas at El Paso, and other institutions of higher education.
	Sec. 79.10.  TEXAS ACADEMY OF MATHEMATICS AND SCIENCE.
	(a)  The board shall establish The Texas Academy of Mathematics and
	Science at the university.  The academy serves the following
	purposes:
	(1)  to provide academically gifted and highly
	motivated junior and senior high school students with a challenging
	university-level curriculum that:
	(A)  allows students to complete high school
	graduation requirements, including requirements adopted under
	Section 28.025 for the advanced high school program, while
	attending for academic credit a public institution of higher
	education;
	(B)  fosters students' knowledge of real-world
	mathematics and science issues and applications and teaches
	students to apply critical thinking and problem-solving skills to
	those issues;
	(C)  includes the study of English, foreign
	languages, social studies, mathematics, science, and technology;
	and
	(D)  offers students learning opportunities
	related to mathematics and science through in-depth research and
	field-based studies;
	(2)  to provide students with an awareness of
	mathematics and science careers and professional development
	opportunities through any appropriate means such as:
	(A)  seminars;
	(B)  workshops;
	(C)  collaboration with postsecondary and
	university students, including opportunities for summer studies;
	and
	(D)  internships in foreign countries; and
	(3)  to provide students with social development
	activities that enrich the academic curriculum and student life,
	including, as determined appropriate by the academy, University
	Interscholastic League activities and other extracurricular
	activities.
	(b)  The academy is a coeducational program for selected
	Texas high school students with an interest in and the potential to
	excel in mathematics and science studies.  The academy shall admit
	only high school juniors and seniors, except that the academy may
	admit a student with exceptional abilities who is not yet a high
	school junior.  The board shall set aside adequate space at the new
	university to operate the academy and implement the purposes of
	this section.  The academy must operate on the same fall and spring
	semester basis as the university.  Full-time students of the
	academy must enroll for both the fall and spring semesters.  Faculty
	members of the university shall teach all academic classes at the
	academy.  A student of the academy may attend a college course
	offered by the university and receive college credit for that
	course.
	(c)  The university administration has the same powers and
	duties with respect to the academy that the administration has with
	respect to the university.  The board, in consultation with
	university administration, shall:
	(1)  establish an internal management system for the
	academy and appoint an academy principal, who serves at the will of
	the board and reports to the vice president for academic affairs;
	(2)  provide for one or more academy counselors;
	(3)  establish for the academy a site-based
	decision-making process similar to the process required by
	Subchapter F, Chapter 11, that provides for the participation of
	academy faculty, parents of academy students, and other members of
	the community; and
	(4)  establish an admissions process for the academy.
	(d)  The student-teacher ratio in all regular academic
	classes at the academy may not exceed 30 students for each classroom
	teacher, except that the student-teacher ratio may exceed that
	limit:
	(1)  in a program provided for the purposes prescribed
	by Subsection (a)(2) or another special enrichment course or in a
	physical education course;
	(2)  if the board determines that a class with a higher
	student-teacher ratio would contribute to the educational
	development of the students in the class; or
	(3)  if an academy class is combined with a university
	class with more than 30 students.
	(e)  The academy shall provide the university-level
	curriculum in a manner that is appropriate for the social,
	psychological, emotional, and physical development of high school
	juniors and seniors.  The administrative and counseling personnel
	of the academy shall provide continuous support to and supervision
	of students.
	(f)  For each student enrolled in the academy, the academy is
	entitled to allotments from the foundation school fund under
	Chapter 42 as if the academy were a school district without a tier
	one local share for purposes of Section 42.253.  If in any academic
	year the amount of the allotments under this subsection exceeds the
	amount of state funds paid to the academy in the first fiscal year
	of the academy's operation, the commissioner of education shall set
	aside from the total amount of funds to which school districts are
	entitled under Section 42.253(c) an amount equal to the excess
	amount and shall distribute that amount to the academy.  After
	deducting the amount set aside and paid to the academy by the
	commissioner of education under this subsection, the commissioner
	of education shall reduce the amount to which each district is
	entitled under Section 42.253(c) in the manner described by Section
	42.253(h).  A determination of the commissioner of education under
	this subsection is final and may not be appealed.
	(g)  The board may use any available money, enter into
	contracts, and accept grants, including matching grants, federal
	grants, and grants from a corporation or other private contributor,
	in establishing and operating the academy.  Money spent by the
	academy must further the purposes of the academy under Subsection
	(a).
	(h)  The liability of this state under Chapters 101 and 104,
	Civil Practice and Remedies Code, is limited for the academy and
	employees assigned to the academy and acting on behalf of the
	academy to the same extent that the liability of a school district
	and an employee of the school district is limited under Sections
	22.0511, 22.0512, and 22.052 of this code and Section 101.051,
	Civil Practice and Remedies Code.  An employee assigned to the
	academy is entitled to representation by the attorney general in a
	civil suit based on an action or omission of the employee in the
	course of the employee's employment, to limits on liability, and to
	indemnity under Chapters 104 and 108, Civil Practice and Remedies
	Code.
	(i)  Except as otherwise provided by this section, the
	academy is not subject to the provisions of this code or to the
	rules of the Texas Education Agency regulating public schools.
	SECTION 2.  CONFORMING AMENDMENT.  Subsection (a), Section
	74.751, Education Code, is amended to read as follows:
	(a)  The board of regents of The University of Texas System
	may operate The University of Texas Health Science Center--South
	Texas as provided by Section 79.02, [a component institution of The
	University of Texas System] with its [main campus and]
	administrative offices to be located in Hidalgo and Cameron
	Counties [County].  The health science center shall [may] consist
	of a medical school, as provided by Section 74.752, other health and
	health-related degree programs, and related programs and
	facilities as the board considers appropriate.
	SECTION 3.  CONFORMING AMENDMENT.  Section 74.752, Education
	Code, is amended to read as follows:
	Sec.  74.752.  MEDICAL SCHOOL.  The medical school [If The
	University of Texas Health Science Center--South Texas is
	established under Section 74.751, The University of Texas Medical
	School--South Texas may be] established as a component of the
	health science center and as a component institution of The
	University of Texas System under the management and control of the
	board of regents of The University of Texas System is subject to
	this section.  The offices overseeing undergraduate medical
	education shall be located in Hidalgo County and the offices
	overseeing graduate medical education shall be located in Cameron
	County.  The board shall ensure that educational programs for
	first-year and second-year students shall be primarily located in
	Hidalgo County, and the educational programs for third-year and
	fourth-year students shall be primarily located in Cameron County;
	and the educational programs for all medical students shall take
	full advantage of the existing educational facilities and programs
	at The University of Texas--Pan American's Edinburg campus or
	successor campus, The University of Texas at Brownsville campus or
	successor campus, and the Lower Rio Grande Valley Academic Health
	Center established under Subchapter L, Chapter 74, in Harlingen and
	Edinburg.  Graduate medical education programs and activities shall
	be conducted throughout the region.
	SECTION 4.  THE UNIVERSITY OF TEXAS--PAN AMERICAN AND THE
	UNIVERSITY OF TEXAS AT BROWNSVILLE ABOLISHED. (a)  The University
	of Texas--Pan American and The University of Texas at Brownsville
	are abolished on a date the board of regents of The University of
	Texas System determines appropriate to achieve the maximum
	operating efficiency of the system.  The designated date must be
	entered into the minutes of the board.  The board shall take all
	actions necessary to provide for an orderly windup of the affairs of
	each university.
	(b)  The board shall provide to the secretary of state
	written notice of its action under Subsection (a) of this section.
	Effective on the date the board designates for the abolition of the
	institutions described by Subsection (a) of this section, Chapters
	77 and 78, Education Code, are repealed.
	(c)  The board may not act under Subsection (a) of this
	section to abolish The University of Texas--Pan American and The
	University of Texas at Brownsville earlier than the date on which
	the university created under Chapter 79, Education Code, as added
	by this Act, begins operation.
	SECTION 5.  UNIVERSITY CREATED. (a)  The university
	described by Chapter 79, Education Code, as added by this Act, is
	created within The University of Texas System. As provided by that
	chapter, the board of regents of the system shall name the
	university and establish the university as a general academic
	teaching institution offering the degrees authorized by that
	chapter.
	(b)  The university shall begin operating on a date the board
	of regents determines appropriate to achieve the maximum operating
	efficiency of the system.  The designated date must be entered into
	the minutes of the board.
	(c)  In recognition of the abolition of The University of
	Texas--Pan American and The University of Texas at Brownsville as
	authorized by this Act, the board of regents shall facilitate the
	employment at the university created by this Act of as many faculty
	and staff of the abolished universities as is prudent and
	practical.
	(d)  A student admitted to or enrolled at The University of
	Texas--Pan American or The University of Texas at Brownsville on
	the date of abolition is entitled to admission to the university
	created by this Act, and the board shall take actions necessary to
	facilitate that admission and the appropriate transfer of credits.
	(e)  Until such time as the university created by this Act
	formally begins operation, the board of regents may provide for The
	University of Texas--Pan American or The University of Texas at
	Brownsville to use any facilities under the management and control
	of The University of Texas System, including facilities developed
	for the university created by this Act. In addition, the board may
	lease or purchase facilities owned by Texas Southmost College
	District or by other owners to the extent the board determines
	necessary and practical.
	(f)  This Act does not affect the powers, duties, and
	obligations of The University of Texas at Brownsville and the Texas
	Southmost College District under Section 5, Chapter 935 (Senate
	Bill No. 1909), Acts of the 82nd Legislature, Regular Session,
	2011.  As provided by that law, that university and the district
	shall continue a partnership agreement in effect until August 31,
	2015, to the extent necessary to ensure accreditation.
	SECTION 6.  EFFECTIVE DATE.  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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 24 passed the Senate on
	March 13, 2013, by the following vote: Yeas 30, Nays 1; and that
	the Senate concurred in House amendments on May 22, 2013, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 24 passed the House, with
	amendments, on May 20, 2013, by the following vote: Yeas 143,
	Nays 0, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor