Law:Title 3. Higher Education. Subtitle C. The University Of Texas System from Chapter 78. The University Of Texas At Brownsville (Texas)

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Subtitle C. The University Of Texas System

Contents

Chapter 78. The University Of Texas At Brownsville

Section  78.01.  Definitions.

In this chapter:

(1)  "Board" means the board of regents of The University of Texas System.

(2)  "University" means The University of Texas at Brownsville.

Added by Acts 1991, 72nd Leg., ch. 305, Sec. 1, eff. Sept. 1, 1991.



Section  78.02.  Establishment; Scope.

(a) The board shall establish an institution of higher education in the City of Brownsville, to be known as The University of Texas at Brownsville.

(b)  Except as provided by Subsections (c) and (d), the university shall teach only junior-, senior-, and graduate-level courses.

(c)  The university may enter into a partnership agreement with the Southmost Union Junior College District in the manner authorized by Subchapter N, Chapter 51, to offer a lower-division, occupational, or technical course that is not offered at the university.

(d)  The university shall, subject to the authority of the Texas Higher Education Coordinating Board, offer basic lower-division courses to support bachelor of arts and bachelor of science degree programs. If the Southmost Union Junior College District provides regular operational support for Texas Southmost College and the partnership with the university authorized by Subsection (c), the university may offer additional lower-division courses.

Added by Acts 1989, 71st Leg., ch. 181, Sec. 6, eff. Sept. 1, 1989. Redesignated from Education Code, Sec. 77.31 and amended by Acts 1991, 72nd Leg., ch. 305, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 920, Sec. 1, eff. June 18, 1997.



Section  78.03.  Courses And Degrees.

(a) The board may authorize the university to offer any upper-level or graduate course which is authorized by the Texas Higher Education Coordinating Board.

(b)  The board shall offer a broad array of courses at the university.

(c)  The board shall award degrees in the name of The University of Texas at Brownsville.

Added by Acts 1989, 71st Leg., ch. 181, Sec. 6, eff. Sept. 1, 1989. Redesignated from Education Code Sec. 77.32 and amended by Acts 1991, 72nd Leg., ch. 305, Sec. 1, eff. Sept. 1, 1991.



Section  78.04.  Facilities.

The board shall make provisions for adequate physical facilities for use by the university, on land committed by the board of trustees of the Southmost Union Junior College District on the district's Texas Southmost College campus, subject to the normal requirements of the board and the Texas Higher Education Coordinating Board.

Added by Acts 1989, 71st Leg., ch. 181, Sec. 6, eff. Sept. 1, 1989. Redesignated from Education Code Sec. 77.33 and amended by Acts 1991, 72nd Leg., ch. 305, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 920, Sec. 2, eff. June 18, 1997.



Section  78.05.  Gifts And Grants.

The board may accept and administer, on terms and conditions acceptable to it, gifts, grants, or donations of any kind and from any source for use by The University of Texas at Brownsville.

Added by Acts 1989, 71st Leg., ch. 181, Sec. 6, eff. Sept. 1, 1989. Redesignated from Education Code, Sec. 77.34 and amended by Acts 1991, 72nd Leg., ch. 305, Sec. 1, eff. Sept. 1, 1991.



Section  78.06.  Transfer Of Funds; Joint Appointments.

(a) Unless otherwise specifically restricted, funds may be transferred to the university to implement this chapter.

(b)  The board may make joint faculty appointments to a position in the university and to a position in another institution under its governance. The salary of a person receiving a joint appointment shall be apportioned between the university and the other institution on the basis of services rendered.

Added by Acts 1989, 71st Leg., ch. 181, Sec. 6, eff. Sept. 1, 1989. Redesignated from Education Code, Sec. 77.35 and amended by Acts 1991, 72nd Leg., ch. 305, Sec. 1, eff. Sept. 1, 1991.



Section  78.07.  Lower-division Admissions.

The board, with the concurrence of the board of trustees of the Southmost Union Junior College District, shall determine the number of entering freshmen who may be enrolled at the university each academic year.

Added by Acts 1997, 75th Leg., ch. 920, Sec. 3, eff. June 18, 1997. Amended by Acts 2001, 77th Leg., ch. 1100, Sec. 1, eff. June 15, 2001.



Section  78.08.  Formula Funding.

Notwithstanding Section 61.059, a formula adopted by the Texas Higher Education Coordinating Board under that section shall provide that the formula for upper-level general academic teaching institutions shall be applied to upper-division semester credit hours at the university for each state fiscal year preceding the state fiscal year ending August 31, 2006.

Added by Acts 1997, 75th Leg., ch. 920, Sec. 3, eff. June 18, 1997.



Section  78.09.  Center For Border Economic And Enterprise Development.

(a) The board shall establish a center for border economic and enterprise development at The University of Texas at Brownsville.

(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 the 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 established under this section shall cooperate fully with similar programs operated by Texas A&M International University, The University of Texas--Pan American, The University of Texas at El Paso, and other institutions of higher education.

Added by Acts 2001, 77th Leg., ch. 632, Sec. 1, eff. June 13, 2001.



Section 78.10.  Texas Academy Of Mathematics And Science.

(a) In this section, "academy" means the Texas Academy of Mathematics and Science at The University of Texas at Brownsville.

(b)  The Texas Academy of Mathematics and Science is a division of The University of Texas at Brownsville and is under the management and control of the board.  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 and problems;

(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 seminars, workshops, collaboration with postsecondary and university students including opportunities for summer studies, internships in foreign countries, and similar methods; 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.

(c)  The academy is a coeducational institution 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 on the university campus in Brownsville 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.

(d)  Except as otherwise provided by this subsection, 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 shall consult with the vice president for academic affairs and the dean of the School of Education and other members of the administration as the board considers necessary concerning the academy's administrative design and support, personnel and student issues, and faculty development.  The board shall consult with the dean of the College of Science, Mathematics and Technology and other members of the administration as the board considers necessary concerning the academy's curriculum development, program design, and general faculty issues.  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.

(e)  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 (b)(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.

(f)  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.

(g)  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.

(h)  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 (b).

(i)  The liability of the 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.

(j)  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.

Added by Acts 2005, 79th Leg., Ch. 887, Sec. 1, eff. June 17, 2005.


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