Texas Education Code - Section 61.0572. Construction Funds And Development Of Physical Plants
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§ 61.0572. CONSTRUCTION FUNDS AND DEVELOPMENT OF PHYSICAL
PLANTS. (a) To assure efficient use of construction funds and the
orderly development of physical plants to accommodate projected
college student enrollments, the board shall carry out the duties
prescribed by this section and Section 61.058 of this code.
(b) The board shall:
(1) determine formulas for space utilization in all
educational and general buildings and facilities at institutions of
higher education;
(2) devise and promulgate methods to assure maximum
daily and year-round use of educational and general buildings and
facilities, including but not limited to maximum scheduling of day
and night classes and maximum summer school enrollment;
(3) consider plans for selective standards of
admission when institutions of higher education approach capacity
enrollment;
(4) require, and assist the public technical
institutes, public senior colleges and universities, medical and
dental units, and other agencies of higher education in developing
long-range campus master plans for campus development;
(5) endorse, or delay until the next succeeding
session of the legislature has the opportunity to approve or
disapprove, the proposed purchase of any real property by an
institution of higher education, except a public junior college;
(6) develop and publish standards, rules, and
regulations to guide the institutions and agencies of higher
education in making application for the approval of new
construction and major repair and rehabilitation of all buildings
and facilities regardless of proposed use; and
(7) ascertain that the standards and specifications
for new construction, repair, and rehabilitation of all buildings
and facilities are in accordance with Article 9102, Revised
Statutes.
(c) The board in consultation with institutions of higher
education shall develop space standards for new construction or
other capital improvement projects at public senior colleges and
universities and medical and dental units that address the
differences in space requirements in teaching, research, and public
service activities for those institutions. The standards developed
under this subsection shall not be used to determine space needs for
those projects related to clinical care facilities.
(d)(1) The board, for purposes of state funding, may review
and approve as an addition to an institution's educational and
general buildings and facilities inventory any improved real
property acquired by gifts or lease-purchase only if:
(A) the institution requests to place the
improved real property on its educational and general buildings and
facilities inventory; and
(B) the value of the improved real property is
more than $300,000 at the time the institution requests the
property to be added to the educational and general buildings and
facilities inventory.
(2) This subsection does not apply to gifts, grants,
or lease-purchase arrangements intended for clinical or research
facilities.
(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, or 55.1751-55.17592, 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.
Acts 1971, 62nd Leg., p. 3137, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1975, 64th Leg., p. 2056, ch. 676, § 3,
eff. June 20, 1975; Acts 1977, 65th Leg., p. 1133, ch. 425, § 1,
eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 585, ch. 121, § 1,
eff. Sept. 1, 1983: Acts 1983, 68th Leg., p. 1694, ch. 319, § 1,
eff. June 16, 1983; Acts 1985, 69th Leg., ch. 646, § 3, eff. Aug.
26, 1985. Renumbered from V.T.C.A., Education Code § 61.058(1)
to (7) and amended by Acts 1989, 71st Leg., ch. 1084, § 1.16,
eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 803, §
5, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 748, § 4, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 165, § 17.19(7), eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 615, § 5, eff. June 20,
2003; Acts 2003, 78th Leg., ch. 940, § 3, eff. June 20, 2003;
Acts 2003, 78th Leg., ch. 1319, § 3, eff. June 18, 2003; Acts
2006, 79th Leg., 3rd C.S., ch. 9, § 3, eff. May 26, 2006.
Section: 61.0516 61.052 61.053 61.054 61.055 61.056 61.057 61.0572 61.058 61.0581 61.0582 61.0583 61.059 61.0591 61.0594
Last modified: August 10, 2007
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