88R315 MM-D     By: Ortega H.B. No. 157       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of a public law school in El Paso   County.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 61, Education Code, is   amended by adding Section 61.0907 to read as follows:          Sec. 61.0907.  EL PASO SCHOOL OF LAW. (a) The governing   board of a university system may establish and operate, as a   professional school of the system, a school of law in El Paso County   as the governing board considers appropriate.          (b)  In administering the law school, the governing board may   prescribe courses leading to customary degrees offered at other   leading American schools of law and may award those degrees.          (c)  The governing board may assign responsibility for the   management of the law school to a general academic teaching   institution in the university system.          (d)  The governing board may accept and administer gifts and   grants from any public or private person or entity for the use and   benefit of the law school.  Notwithstanding any other provision of   this section, establishment of a law school is subject to the   availability of funding, either through appropriation or from   another source.          (e)  The governing board of a university system that intends   to establish a law school under this section shall notify the Texas   Higher Education Coordinating Board. If the coordinating board   receives notice from a governing board under this subsection, the   coordinating board shall provide a statement regarding that   intention on its Internet website and provide the other governing   boards with a reasonable opportunity to notify the coordinating   board of an intent to establish a law school under this section. If   the coordinating board receives notice from more than one governing   board under this subsection, the coordinating board, based on   community and student input, available system resources, the   feasibility of the specific proposal of each system, and other   appropriate criteria, shall determine which of those governing   boards may establish a law school under this section.          (f)  Before a governing board establishes a law school under   this section, the governing board shall request the coordinating   board to prepare a feasibility study to determine the actions the   system must take to obtain accreditation of the law school. The   coordinating board shall deliver a copy of the study to the   governing board and to the chair of each legislative standing   committee with jurisdiction over higher education.          (g)  Not more than one law school may be established under   this section.          SECTION 2.  Subchapter B, Chapter 55, Education Code, is   amended by adding Section 55.178 to read as follows:          Sec. 55.178.  UNIVERSITY SYSTEM ESTABLISHING EL PASO SCHOOL   OF LAW; ADDITIONAL BONDS. (a) In addition to the other authority   granted by this subchapter, the governing board of the university   system that establishes an El Paso school of law under Section   61.0907 may acquire, purchase, construct, improve, renovate,   enlarge, or equip property, buildings, structures, or other   facilities, including roads and related infrastructure, for the law   school for projects to be financed by the issuance of bonds in   accordance with this subchapter, including bonds issued in   accordance with a systemwide revenue financing program and secured   as provided by that program, in an aggregate principal amount not to   exceed $40 million.          (b)  The governing board may pledge irrevocably to the   payment of the bonds authorized by this section all or any part of   the revenue funds of an institution, branch, or entity of the   university system described by Subsection (a), including student   tuition charges. The amount of a pledge made under this subsection   may not be reduced or abrogated while the bonds for which the pledge   is made, or bonds issued to refund those bonds, are outstanding.          (c)  If sufficient funds are not available to the governing   board to meet its obligations under this section, the board may   transfer funds among institutions, branches, and entities of the   university system described by Subsection (a) to ensure the most   equitable and efficient allocation of available resources for each   institution, branch, or entity to carry out its duties and   purposes.          SECTION 3.  (a) If this Act receives a vote of at least   two-thirds of the membership of each house of the legislature, and   if an El Paso school of law is created by The University of Texas   System or The Texas A&M University System under Section 61.0907,   Education Code, as added by this Act, the El Paso school of law is   entitled to participate in the funding provided by Section 18,   Article VII, Texas Constitution, for the appropriate university   system.          (b)  If this Act receives a vote of at least two-thirds of the   membership of each house of the legislature, and if an El Paso   school of law is created under Section 61.0907, Education Code, as   added by this Act, by a university system other than a system   described by Subsection (a) of this section, the El Paso school of   law is entitled to participate in the funding provided by Section   17, Article VII, Texas Constitution. Before the first periodic   allocation of funding under Section 17, Article VII, is made that   includes the El Paso school of law, the legislature may reallocate   the total amount allocated to institutions under that section to   allow for the allocation to the law school.          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, 2023.