Texas Education Code - Section 55.17. Pledges; Parietal Rules; Types Of Fees; Additional Pledge Of Resources; Acquisition, Etc. Of Property; Revenue Bonds
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§ 55.17. PLEDGES; PARIETAL RULES; TYPES OF FEES;
ADDITIONAL PLEDGE OF RESOURCES; ACQUISITION, ETC. OF PROPERTY;
REVENUE BONDS. (a) Each board may pledge all or any part of its
revenue funds to the payment of the bonds, including the payment of
principal, interest, and any other amounts required or permitted in
connection with the bonds. The pledged revenue funds shall be fixed
and collected in amounts that will be at least sufficient to provide
for all payments of principal, interest, and any other amounts
required in connection with the bonds and, to the extent required by
the resolution authorizing the issuance of the bonds, to provide
for the payment of expenses in connection with the bonds and for the
payment of operation, maintenance, and other expenses in connection
with the aforesaid property, buildings, structures, activities,
services, operations, or other facilities.
(b) Each board may establish and enforce parietal rules for
students and others, and enter into agreements regarding occupancy,
use, and availability of facilities, and the amounts and collection
of pledged revenue funds that will assure making all the required
payments and deposits.
(c) Tuition, rentals, rates, and other charges of an
institution of higher education authorized by this title may be
pledged to the payment of the bonds and shall be fixed and collected
from all or any designated part of the students enrolled in the
institution or institutions, or any branch or branches thereof, in
the amounts and in the manner as determined and provided by the
board in the resolution authorizing the issuance of the bonds; and
said tuition, rentals, rates, and other charges may be collected in
the full amounts required or permitted herein, without regard to
actual use, availability, or existence of any facility, commencing
at any time designated by the board. Such tuition, rentals, rates,
and other charges may be fixed and collected, and pledged to the
payment of any issue or series of bonds issued by the board, in the
full amounts required or permitted herein, in addition to, and
regardless of the existence of, any other specific or general fees
at the institution or institutions, or any branch or branches
thereof; provided that each board may restrict its power to pledge
such additional tuition, rentals, rates, or other charges in any
manner that may be provided in any resolution authorizing the
issuance of bonds, and provided that no such additional tuition,
rentals, rates, or other charges shall be pledged if prohibited by
any resolution which authorized the issuance of any then
outstanding bonds.
(d) Repealed by Acts 1997, 75th Leg., ch. 1073, § 1.06,
eff. Aug. 1, 1997.
(e)(1) The board of regents of Texas Tech University, acting
separately and independently for and on behalf of Texas Tech
University and separately and independently for and on behalf of
the Texas Tech University Health Sciences Center, is hereby granted
full and final authority and responsibility to acquire, purchase,
construct, improve, renovate, enlarge, or equip property,
buildings, structures, facilities, roads, or related
infrastructure for Texas Tech University and the Texas Tech
University Health Sciences Center.
(2) The board of regents of Texas Tech University,
acting separately and independently for and on behalf of Texas Tech
University and separately and independently for and on behalf of
the Texas Tech University Health Sciences Center, may pledge
irrevocably to the payment of its revenue bonds all or any part of
the aggregate amount of student tuition charges required or
authorized by law to be imposed on students enrolled at Texas Tech
University and/or at the Texas Tech University Health Sciences
Center; and the amount of any pledge so made shall never be reduced
or abrogated while such bonds are outstanding; provided, however,
that such tuition charges shall not be pledged pursuant to the
authority granted by this Subsection (e)(2) except to the payment
of bonds issued in an aggregate principal amount of not to exceed
$35 million for the purpose of providing funds to acquire,
purchase, construct, improve, renovate, enlarge, or equip
property, buildings, structures, facilities, roads, or related
infrastructure for the Texas Tech University Health Sciences
Center.
(3) In addition to the authority granted by Sections
55.13, 55.14, 55.17, and 55.19 of this code, the board of regents of
Texas Tech University and the Texas Tech University Health Sciences
Center may issue bonds in accordance with this subchapter and in
accordance with a systemwide revenue financing program adopted by
the board in an additional aggregate principal amount not to exceed
$25 million to finance the items listed under Subdivision (1) of
this subsection. The board may pledge irrevocably to the payment of
those bonds all or any part of the revenue funds of Texas Tech
University or Texas Tech University Health Sciences Center,
including student tuition charges required or authorized by law to
be imposed on students enrolled at Texas Tech University or at the
Texas Tech University Health Sciences Center. The amount of a
pledge made under this subdivision may not be reduced or abrogated
while the bonds for which the pledge is made, or bonds issued to
refund those bonds, are outstanding.
(4) In addition to the other authority granted by this
subchapter, the board of regents of Texas Tech University and the
Texas Tech University Health Sciences Center may issue bonds in
accordance with this subchapter and in accordance with a systemwide
revenue financing program adopted by the board to finance the items
listed under Subdivision (1) of this subsection in an additional
aggregate principal amount for Texas Tech University not to exceed
$30 million, and in an additional aggregate principal amount for
the Texas Tech University Health Sciences Center not to exceed
$32.5 million. The board may pledge irrevocably to the payment of
those bonds all or any part of the revenue funds of Texas Tech
University or the Texas Tech University Health Sciences Center,
including student tuition charges required or authorized by law to
be imposed on students enrolled at Texas Tech University or at the
Texas Tech University Health Sciences Center. The amount of a
pledge made under this subdivision may not be reduced or abrogated
while the bonds for which the pledge is made, or bonds issued to
refund those bonds, are outstanding. Of the proceeds of bonds
authorized by this subdivision for the Texas Tech University Health
Sciences Center, $2.5 million may be used only to build and equip a
surgical and medical facility in the Midland County Hospital
District for a cardiology residency program.
(f)(1) The board of regents of The University of Texas System
is hereby granted full and final authority and responsibility to
acquire, purchase, construct, improve, enlarge, and/or equip
property, buildings, structures, and/or facilities for The
University of Texas at Dallas, The University of Texas of the
Permian Basin, The University of Texas at San Antonio, The
University of Texas Medical School at Houston, The University of
Texas Dental School at San Antonio, The University of Texas
(Undergraduate) Nursing School at El Paso, and The University of
Texas (Clinical) Nursing School at San Antonio.
(2) The board of regents of The University of Texas
System may pledge irrevocably to the payment of its revenue bonds
all or any part of the aggregate amount of student tuition charges
required or authorized by law to be imposed on students enrolled at
each and every institution, branch, and school operated by or under
the jurisdiction of said board of regents of The University of Texas
System; and the amount of any pledge so made shall never be reduced
or abrogated while such bonds are outstanding; provided, however,
that such tuition charges shall not be pledged pursuant to the
authority granted by this Subsection (f)(2) except to the payment
of bonds issued in an aggregate principal amount of not to exceed
$150 million for the purpose of providing funds to acquire,
purchase, construct, improve, enlarge, and/or equip property,
buildings, structures, and facilities for The University of Texas
at Dallas, The University of Texas of the Permian Basin, The
University of Texas at San Antonio, The University of Texas Medical
School at Houston, The University of Texas Dental School at San
Antonio, The University of Texas (Undergraduate) Nursing School at
El Paso, and The University of Texas (Clinical) Nursing School at
San Antonio.
(g) The board of regents of The University of Texas System,
The Texas A & M University System, or Texas Tech University may not
issue bonds under this section pursuant to its systemwide revenue
financing program for the benefit of an institution under its
governance unless the board determines before issuing the bonds
that the institution is reasonably expected to have the financial
resources necessary to meet its obligations with respect to the
bonds without using the resources of any other institution under
the governance of the board. This subsection does not decrease the
authority of a board of regents to enter into pledges or covenants
with respect to bonds, notes, or other obligations under law
existing before the effective date of this subsection.
(h) Subsections (a) through (g) of this section are
cumulative of all other laws on the subject, but they shall be
wholly sufficient authority for the issuance of the bonds and the
performance of the acts and procedures, and the exercise of the
powers granted and authorized thereby, regardless of any
restrictions or limitations contained in any other laws; and when
any bonds are being issued or any acts or procedures are being
undertaken, or any powers being exercised pursuant to those
subsections, then to the extent of any conflict or inconsistency
between any provisions of those subsections, and any provision of
any other law, the provisions of those subsections shall prevail
and control.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1971, 62nd Leg., p. 3335, ch. 1024, art. 2,
§ 1, eff. Sept. 1, 1971; Acts 1993, 73rd Leg., ch. 803, § 3,
eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 757, § 8, eff. June
16, 1995; Acts 1997, 75th Leg., ch. 748, § 1, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1073, § 1.06, 2.02, eff. Aug. 1, 1997.
Section: 55.04 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.171 55.1711 55.1712 55.1713 55.1714 55.1715 55.1716
Last modified: August 10, 2007
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