HBA-LJP C.S.H.B. 1417 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1417
By: Jones, Jesse
Higher Education
3/18/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Laws pertaining to the University of North Texas System have been
introduced piecemeal into legislation, and as a result the language of
current law may not be uniform.  In addition, the current University of
North Texas System Center (center) at Dallas offers junior, senior, and
graduate courses. However, to meet the needs of the diverse population of
the city of Dallas, the center may eventually need to be established as a
full undergraduate university.  C.S.H.B. 1417 establishes the University of
North Texas at Dallas and restructures provisions relating to the
University of North Texas System. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 1417 amends the Education Code to establish and to incorporate the
University of North Texas at Dallas (UNTD) into the University of North
Texas System (system) as an institution of higher education and component
institution located in the city of Dallas on property designated by the
board of regents of the system (board).  The bill authorizes the board to
accept gifts, grants, donations, acquire land for UNTD, and plan for the
development of UNTD and the academic programs offered at UNTD.  The bill
also authorizes UNTD to operate as a general academic teaching institution
with its own chief executive officer, administration, and faculty only
after the Texas Higher Education Coordinating Board certifies that the
enrollment at the University of North Texas System Center at Dallas has
reached the equivalent of 2,000 full-time students.  Until then, the board
may operate a system center of the University of North Texas in the city of
Dallas (Secs. 105.001 and 105.451). 

The bill requires the board to appoint a chancellor who serves as chief
executive officer of the system and to appoint a qualified president of
each component institution of the system who serves as chief executive
officer of the institution (Sec. 105.102).  The bill authorizes the board
to make joint appointments in the component institutions of the system,
with the salary to be apportioned to the appointing institution on the
basis of services rendered (Sec. 105.109). 

The bill sets forth and modifies the powers and duties of the board (Sec.
105.101). The bill authorizes the board to delegate to an employee of the
system the authority to negotiate, execute, and approve a contract with the
system (Sec. 105.108). 

The bill provides that the venue for a suit filed solely against the
University of North Texas Health Science Center at Fort Worth or its
officers or employees is in Tarrant County and the venue for a suit filed
solely against officers or employees of the University of North Texas at
Dallas or the University of North Texas at Dallas is in Dallas County (Sec.
105.151). 

The bill sets forth provisions relating to concurrent jurisdiction with
municipal police, assistance to municipal police, and delegation of
municipal parking regulation authority that apply to all the component
institutions  of the system (Secs. 105.152-105.154). 

The bill authorizes the board to provide authorization for the
establishment of a research park by one or more component institutions of
the system.  The bill also authorizes the administrator of the park to use
private or public entities for scientific and technological research and
development in the surrounding region (Sec. 105.110). 

If the board determines that a class with more than 30 students for each
classroom teacher at the Texas Academy of Mathematics and Science (academy)
would contribute to the educational development of the students in the
class, then the bill authorizes the class size to exceed the required
pupil-teacher ratio limit (Sec. 105.303).  The bill also provides that if a
civil suit based on an action or omission by an employee of the academy in
the course of the employee's employment is filed, then the employee's
liability is limited to the liability of a public servant (Sec. 105.308). 

The bill repeals certain provisions relating to the University of North
Texas Health Science Center at Fort Worth and the University of North Texas
(SECTION 1). 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1417 modifies the original by clarifying the definition of
"system" to include the components and entities of the University of North
Texas System (system) (Secs. 105.002 and 105.101). 

The substitute provides that under an agreement between a municipality and
a component institution relating to the delegation of municipal parking
regulation authority, the component institution is required to have
jurisdiction over property owned or controlled by the institution rather
than jurisdiction over its personnel and students on property owned by the
institution (Secs. 105.153-105.155). 

C.S.H.B. 1417 sets forth the board's powers relating to gifts, grants, and
donations and the development of UNTD and its academic programs.  The
substitute adds to the original that UNTD is not authorized to operate as a
general academic teaching institution until enrollment at the University of
North Texas System Center at Dallas has reached the equivalent of 2,000
full-time students and until then, the board retains the authorization to
operate a system center of the University of North Texas in the city of
Dallas (Sec. 105.451).