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Statutes > Texas > Education-code > Title-3-higher-education > Chapter-105-university-of-north-texas-system

EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE F. OTHER COLLEGES AND UNIVERSITIES

CHAPTER 105. UNIVERSITY OF NORTH TEXAS SYSTEM

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective until June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

Sec. 105.001. UNIVERSITY OF NORTH TEXAS SYSTEM. The University

of North Texas System is composed of:

(1) the University of North Texas;

(2) the University of North Texas Health Science Center at Fort

Worth; and

(3) the University of North Texas at Dallas.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1213, Sec. 1, eff. June 19, 2009.

Text of section effective on June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

Sec. 105.001. UNIVERSITY OF NORTH TEXAS SYSTEM. The University

of North Texas System is composed of:

(1) the University of North Texas;

(2) the University of North Texas Health Science Center at Fort

Worth;

(3) the University of North Texas at Dallas; and

(4) the University of North Texas at Dallas College of Law.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1213, Sec. 1, eff. June 19, 2009.

Sec. 105.002. DEFINITIONS. In this chapter:

(1) "Board" means the board of regents of the University of

North Texas System.

(2) "Health Science Center" means the University of North Texas

Health Science Center at Fort Worth.

(3) "System" means the University of North Texas System

including its components and entities.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 105.051. BOARD OF REGENTS. The organization, control, and

management of the University of North Texas System and each

component institution of the system is vested in a board of nine

regents appointed by the governor and confirmed by the senate.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.052. TERM OF OFFICE; REMOVAL; VACANCY. The term of

office of each regent is six years, with the terms of three

regents expiring every two years. Members of the board may be

removed from office for inefficiency or malfeasance of office.

Any vacancy that occurs on the board shall be filled by the

governor for the unexpired term.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.053. OATH. Each member of the board shall take the

constitutional oath of office before assuming the duties of his

office.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.054. OFFICERS; MEETINGS. The board shall elect a

chairman and any other officers it considers necessary. The

chairman may convene the board when the chairman considers it

expedient to consider any business related to the system.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

SUBCHAPTER C. POWERS AND DUTIES OF BOARD

Sec. 105.101. GENERAL POWERS AND DUTIES. (a) The board may

direct, govern, operate, support, maintain, manage, and control

the system.

(b) The board may:

(1) erect, equip, maintain, and repair system buildings;

(2) purchase libraries, furniture, equipment, fuel, and supplies

necessary to operate the system;

(3) employ and discharge personnel, including faculty, to carry

out the board's powers and duties;

(4) adopt rules and policies for the administration of the

board's powers and duties;

(5) in accordance with the rules of the Texas Higher Education

Coordinating Board, prescribe for each component institution

programs and courses leading to customary degrees as are offered

at outstanding American universities and award those degrees,

including baccalaureate, master's, and doctoral degrees and their

equivalents;

(6) establish admission standards for each component

institution;

(7) perform other acts that contribute to the development of the

system or to the welfare of students of component institutions;

and

(8) delegate a power or assign a duty of the board to an

officer, employee, or committee designated by the board.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.102. CHIEF EXECUTIVE OFFICERS. (a) The board shall

appoint a chancellor who serves as chief executive officer of the

system.

(b) The board shall appoint a president of each component

institution who serves as chief executive officer of the

institution. The president of the University of North Texas

Health Science Center at Fort Worth must be a licensed physician

who possesses a doctor of osteopathy degree from an accredited

college of osteopathic medicine and must have been licensed to

practice medicine in a state of the United States for at least

five years

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.103. EMINENT DOMAIN: RESTRICTION. (a) The board may

exercise the power of eminent domain to acquire land for the use

of the system.

(b) The board must exercise the power of eminent domain in the

manner provided by Chapter 21, Property Code, but the board is

not required to provide a bond for appeal or a bond for costs.

(c) The board may not use the power of eminent domain to acquire

land that is dedicated to a public use by another governmental

entity.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.104. DONATIONS, GIFTS, GRANTS, AND ENDOWMENT. (a)

From any source, including the federal government, a

municipality, a foundation, a trust fund, a corporation, another

education agency, or any other person, the board may accept

donations, gifts, grants, and endowments of money or property,

real or personal, for the system to be held in trust and

administered by the board for the purposes and under the

direction, limitations, and provisions declared in writing in the

donation, gift, grant, or endowment.

(b) The donation, gift, grant, or endowment must be consistent

with the laws of this state and with the objectives and proper

management of the system.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.105. FUNDS RECEIVED FOR TRUST SERVICES. (a) The board

may deposit in an appropriate system account outside the state

treasury all funds received as administrative fees or charges for

services rendered in the management or administration of a trust

estate under the control of the system.

(b) The funds under Subsection (a) may be spent by the board for

any educational purpose of the system.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.106. DISBURSEMENT OF FUNDS. (a) Except as otherwise

provided by law, the board shall disburse all appropriations to

the system.

(b) Except as otherwise provided by law, the board may adopt

rules for:

(1) the disbursal of appropriations and other funds;

(2) the auditing and approval of system accounts; and

(3) the issuance of system vouchers and warrants.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.107. SYSTEM PROPERTY. (a) The board has the sole and

exclusive management and control of system lands.

(b) The board may acquire by purchase, donation, exchange,

condemnation, or otherwise:

(1) land, including improvements, for the use of the system; and

(2) other real property that is necessary or convenient to carry

out the purposes of state-supported institutions of higher

education.

(c) Except as otherwise provided by law, the board may sell,

exchange, lease, or dispose of any land or other real property

owned by or acquired for the board or the system.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.108. CONTRACTS. (a) Except as provided by Subsection

(b), a contract with the system must be approved by the board.

(b) The board by rule may delegate to a representative of the

board or an employee of the system the authority to negotiate,

execute, and approve a contract with the system.

(c) A contract that is not approved in accordance with this

section is void.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.109. JOINT APPOINTMENTS. The board may make joint

appointments in the component institutions of the system, with

the salary of any person who receives a joint appointment to be

apportioned to the appointing institution on the basis of

services rendered.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.110. RESEARCH PARK. (a) The board may authorize the

establishment of a research park by one or more component

institutions of the system.

(b) The administrator of the research park may use private or

public entities for scientific and technological research and

development in the surrounding region.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

SUBCHAPTER D. MISCELLANEOUS ADMINISTRATIVE PROVISIONS

Sec. 105.151. MANDATORY VENUE; SERVICE OF PROCESS. (a) Venue

for a suit filed against the system, the board, the University of

North Texas, or officers or employees of the University of North

Texas is in Denton County.

(b) Venue for a suit filed solely against the health science

center or officers or employees of the health science center is

in Tarrant County.

(c) Venue for a suit filed solely against the University of

North Texas at Dallas or against officers or employees of the

University of North Texas at Dallas is in Dallas County.

Text of subsection effective on June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

(c-1) Venue for a suit filed solely against the University of

North Texas at Dallas College of Law or against officers or

employees of the University of North Texas at Dallas College of

Law is in Dallas County.

Text of subsection effective until June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

(d) In case of a conflict between Subsection (a), (b), or (c)

and any other law, Subsection (a), (b), or (c) controls.

Text of subsection effective on June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

(d) In case of a conflict between Subsection (a), (b), (c), or

(c-1) and any other law, Subsection (a), (b), (c), or (c-1)

controls.

(e) Service of citation or other required process must be made

on the attorney general and on an individual named by board rule

as a representative of the board.

(f) This section does not waive any defense or any immunity to

suit or liability that may be asserted by an entity or other

person described by Subsection (a), (b), or (c).

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1213, Sec. 2, eff. June 19, 2009.

Sec. 105.152. POLICE JURISDICTION. Campus peace officers shall

have the same jurisdiction, powers, privileges, and immunities as

specified in Section 51.203, Education Code.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.153. DELEGATION OF MUNICIPAL PARKING REGULATION

AUTHORITY. (a) By contract between the municipality and the

component institution, the governing body of the municipality may

delegate to the institution the authority to regulate the parking

of vehicles on any public street running through or immediately

adjacent to property owned or occupied and controlled by the

institution.

(b) The contract may authorize the component institution to

assign and regulate parking spaces for its use, to charge and

collect a fee from its personnel and students for parking, to

prohibit parking, and to charge and collect a fee for removing

vehicles parked in violation of law or ordinance or in violation

of a rule governing the parking of vehicles adopted by the board.

(c) The contract must be approved by resolution of the board and

the governing body of the municipality.

(d) The component institution shall have jurisdiction over

property owned or controlled by the institution to the extent

that it may:

(1) assign and regulate parking spaces for its use and charge

and collect appropriate fees for parking and improper parking;

(2) prohibit parking where it considers necessary; and

(3) set and collect fees for and remove vehicles parked in

violation of its rules and regulations or of state law.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.154. CONSTRUCTION OF PROVISIONS REGARDING CAMPUS

SECURITY PERSONNEL. Sections 105.152 and 105.153 do not:

(1) limit the police powers of the municipality or its law

enforcement jurisdiction;

(2) render a campus peace officer an employee of the

municipality or entitle a campus peace officer to compensation

from the municipality; or

(3) restrict the power of the component institution under other

law to enforce laws, ordinances, or rules regulating traffic or

parking.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

SUBCHAPTER E. UNIVERSITY OF NORTH TEXAS

Sec. 105.201. DEFINITION. In this subchapter, "university"

means the University of North Texas.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.202. UNIVERSITY OF NORTH TEXAS. The University of

North Texas is a coeducational institution of higher education

located in the city of Denton.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.203. CONTRACTS WITH CITY FOR UTILITY SERVICES. The

board may contract with the City of Denton for the furnishing of

water and other utility services to the university. The rates to

be charged the university may not exceed those regularly

established, published, and declared rates for similar customers.

If there are no similar customers, the rates to be charged shall

be those established by the City of Denton for commercial users.

The city may make any adjustments, discounts, and special rates

that the governing authorities of the city may consider

appropriate to provide for the university.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.204. MENTORING PROGRAM. (a) The board may establish a

mentoring program at the university. The program may provide

mentoring, tutoring, and other resources to students at all

levels of the educational system to assist students to:

(1) succeed in their education and achieve appropriate

educational goals; and

(2) prepare for the transition from being a student to becoming

an independent adult member of society.

(b) The program may recruit, train, coordinate, and support

mentors and tutors and may provide other resources to students in

the communities primarily served by the university who are

students at risk of dropping out of school, as defined by Section

29.081, or who are otherwise in need of services to assist them

in successfully completing their education and becoming

productive members of the community.

(c) The board shall establish in connection with the program a

continuing study and evaluation of mentoring activities and

research into the best practices and methods of mentoring.

(d) At the times determined by the board, the board shall

prepare a report relating to the operation of the program. The

report must include:

(1) a description of the program;

(2) information relating to the students served by the program;

(3) an analysis of the effects of the program on student

performance, including effects on dropout rates, school

attendance, grades, performance on assessment tests, graduation

rates, and entry into higher education programs;

(4) the costs of the program and the sources of funds used to

support the program; and

(5) the board's recommendations for continuing the program and

for any changes in the law authorizing the program.

(e) The board may use available institutional funds, as defined

by Section 51.009, to support the program. The board may solicit

and accept gift, grants, and donations from any public or private

source to support the program.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

SUBCHAPTER F. STATE HISTORICAL COLLECTION

Sec. 105.251. DESIGNATION. The historical collection of the

University of North Texas, consisting of books, documents,

stamps, coins, firearms, implements of warfare, relics,

heirlooms, and other items of historical importance, is

designated as a State Historical Collection, to be known as "The

State Historical Collection of the University of North Texas."

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.252. GIFTS AND DONATIONS. The board may accept and

receive gifts, donations, and collections of books, documents,

stamps, coins, firearms, implements of warfare, relics,

heirlooms, and collections of all kinds having historical

importance and value, to be used in teaching the youth of this

state.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.253. RULES REGARDING GIFTS AND DONATIONS. The board

may adopt any rules regarding the receiving and holding of these

gifts, donations, and collections that it considers necessary and

advisable.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

SUBCHAPTER G. TEXAS ACADEMY OF MATHEMATICS AND SCIENCE

Sec. 105.301. ESTABLISHMENT; SCOPE. (a) The Texas Academy of

Mathematics and Science is established as a division of the

University of North Texas for the following purposes:

(1) to provide an enriched school for gifted and talented high

school juniors and seniors to complete their high school

education and to attend college courses for credit;

(2) to identify exceptionally gifted and intelligent high school

students at the junior and senior levels and offer them a

challenging education to maximize their development;

(3) to provide a rigorous academic program emphasizing

mathematics and science, but also including a strong and varied

humanities curriculum; and

(4) to reduce the shortage of mathematics and science

professionals in this state.

(b) The academy is a residential, coeducational institution for

selected Texas high school students with interest and potential

in mathematics and science under the control and management of

the board. Faculty members of the university shall teach all

academic classes at the academy.

(c) A student of the academy may attend a college course offered

by the university and receive college credit for that course.

(d) The board shall set aside adequate space on the university

campus in Denton to be used for the operation of the academy and

to carry out the purposes of this subchapter.

(e) The academy is not subject to the provisions of this code,

or to the rules of the Texas Education Agency, regulating public

schools, except that:

(1) professional employees of the academy are entitled to the

limited liability of an employee under Section 22.0511, 22.0512,

or 22.052;

(2) a student's attendance at the academy satisfies compulsory

school attendance requirements; and

(3) for each student enrolled, the academy is entitled to

allotments from the foundation school program under Chapter 42 as

if the academy were a school district without a tier one local

share for purposes of Section 42.253.

(f) If in any academic year the amount of the allotments under

Subsection (e)(3) exceeds the amount of state funds paid to the

academy under this section in the fiscal year ending August 31,

2003, the commissioner 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 under this

subsection, the commissioner 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 under this section is final and may not be appealed.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001; Acts 2003, 78th Leg., ch. 204, Sec. 15.05, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 241, Sec. 1, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 1197, Sec. 6, eff. Sept. 1, 2003.

Sec. 105.302. SUPERVISION BY ADVISORY BOARD. (a) In operating

the academy the board shall consider the advice of an advisory

board composed of nine members.

(b) Each of the following shall appoint one member to serve on

the advisory board:

(1) the chairman of the State Board of Education;

(2) the commissioner of higher education;

(3) the president of the Texas Association of School

Administrators;

(4) the president of the Texas Association for the Gifted and

Talented;

(5) the governor;

(6) the lieutenant governor; and

(7) the speaker of the Texas House of Representatives.

(c) The president of the University of North Texas shall appoint

two members to the advisory board.

(d) A member of the advisory board serves for a term of six

years. If reappointed, a member may serve for more than one term.

(e) A member of the advisory board may not receive compensation

for the performance of duties on the advisory board, but a member

is entitled to reimbursement for actual and necessary expenses

incurred in carrying out official duties from funds appropriated

for the academy.

(f) The advisory board shall make recommendations to the dean of

the academy concerning the following:

(1) admission criteria;

(2) extracurricular activities;

(3) programs of study;

(4) rules for the discipline of students and for the management

of the academy and academy programs;

(5) a formula of admission that ensures the admission of

students from the various geographical areas of the state; and

(6) acceptance of nominations for and the selection of students

to be admitted to the academy.

(g) The advisory board shall conduct an annual evaluation of the

programs of the academy.

(h) A rule recommended by the advisory board under Subsection

(f) shall be consistent with the law and, if adopted, shall be

enforced by the staff and faculty of the academy.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001; Acts 2003, 78th Leg., ch. 1276, Sec. 6.011, eff. Sept. 1,

2003.

Sec. 105.303. PROGRAM AND OPERATION. (a) The academy shall

operate on the same fall and spring semester basis as the

University of North Texas. Full-time students of the academy must

be enrolled for both the fall and spring semesters.

(b) In addition to academic classes, the academy may offer short

courses, workshops, seminars, weekend instructional programs,

summer programs, and other innovative programs.

(c) The pupil-teacher ratio in all regular academic classes at

the academy may not exceed 30 students for each classroom

teacher, except that the pupil-teacher ratio may exceed that

limit:

(1) in programs provided under Subsection (b), in physical

education courses, or in special enrichment courses; or

(2) if the board determines that a class with more than 30

students for each classroom teacher would contribute to the

educational development of the students in the class.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.304. EXTRACURRICULAR ACTIVITIES. The academy may offer

any extracurricular activity that a public secondary school could

offer. Students attending the academy may participate in all

extracurricular activities sanctioned by the university

interscholastic league.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.305. ELIGIBILITY. (a) Except as provided by

Subsection (b), the academy shall admit only high school juniors

and seniors.

(b) The academy may provide for an early admission year to allow

the admission of a student who is not yet a high school junior if

the abilities of the student warrant early entry.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.306. FUNDING. (a) The board is hereby authorized to

use available funds or to enter into contracts and accept grants

or matching grants for the purpose of establishing an academy of

mathematics and science.

(b) Any money received by the academy shall be expended to

further the functions and purposes of the academy listed in

Section 105.301.

(c) This section does not prevent the board from accepting

federal funds or money from any corporation or other private

contributor for use in operating or providing programs to the

academy.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.307. DEAN. (a) The board may appoint a dean of the

academy who shall serve at the pleasure of the board.

(b) The dean shall report to the provost of the University of

North Texas and shall have a seat on the council of deans.

(c) The dean shall prepare an annual budget for the operation of

the academy and submit the budget to the provost of the

university.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.308. LIABILITY. (a) 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. 051 and 22.052 of this

code and Section 101.051, Civil Practice and Remedies Code.

(b) 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, limits on liability, and indemnity under

Chapters 104 and 108, Civil Practice and Remedies Code.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

SUBCHAPTER H. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER AT

FORT WORTH

Sec. 105.401. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER AT

FORT WORTH. The University of North Texas Health Science Center

at Fort Worth is a coeducational institution of higher education

that consists of a college of osteopathic medicine and other

programs as prescribed by the board in accordance with the rules

of the Texas Higher Education Coordinating Board.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.402. PROHIBITED DEGREES. The board may not award an

M.D. degree.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.403. TEACHING HOSPITAL; FACILITIES. (a) A complete

teaching hospital for the health science center shall be

furnished without cost or expense to the state.

(b) The board shall provide for adequate physical facilities for

use by the health science center in its teaching and research

programs.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.404. AGREEMENTS WITH OTHER ENTITIES. The board may

execute and carry out affiliation or coordinating agreements with

any other entity, school, or institution in this state to provide

clinical, postgraduate, including internship and residency, or

other levels of medical educational work for the health science

center.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

SUBCHAPTER J. UNIVERSITY OF NORTH TEXAS AT DALLAS

Sec. 105.501. UNIVERSITY OF NORTH TEXAS AT DALLAS. (a) The

University of North Texas at Dallas is established as an

institution of higher education and component institution of the

University of North Texas System in the city of Dallas on

property designated by the board.

(b) The board may accept gifts, grants, and donations and may

acquire land for the University of North Texas at Dallas.

(c) The board may plan for the development of the University of

North Texas at Dallas and for the academic programs offered by

the university.

Text of subsection effective until May 23, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 129, Sec. 4, which states: This Act does not

make an appropriation. This Act takes effect only if a specific

appropriation for the implementation of the Act is provided in a

general appropriations act of the 81st Legislature.

(d) Notwithstanding any other provision of this subchapter, the

University of North Texas at Dallas may 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 enrollment at the

University of North Texas System Center at Dallas has reached an

enrollment equivalent to 1,000 full-time students for one

semester. Until that enrollment level is reached, the board may

operate a system center of the University of North Texas in the

city of Dallas. Prior to reaching 2,500 full-time equivalent

students, the University of North Texas at Dallas may not receive

general revenue in excess of the 2003 expended amount with the

exception of funding provided through the General Academic

Instruction and Operations Formula for semester credit hour

increases and the Tuition Revenue Bond debt service for bonds

approved in the 78th Legislature. The institution will not be

eligible to receive the small school supplement in the General

Academic Instruction and Operations Formula until it reaches

2,500 full-time equivalent student enrollment.

Text of subsection effective on May 23, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 129, Sec. 4, which states: This Act does not

make an appropriation. This Act takes effect only if a specific

appropriation for the implementation of the Act is provided in a

general appropriations act of the 81st Legislature.

(d) Notwithstanding any other provision of this subchapter, the

University of North Texas at Dallas may 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 enrollment at the

University of North Texas System Center at Dallas has reached an

enrollment equivalent to 1,000 full-time students for one

semester. Until that enrollment level is reached, the board may

operate a system center of the University of North Texas in the

city of Dallas.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Amended by Acts 2003, 78th Leg., ch. 1266, Sec. 7.01, eff. June

20, 2003. Renumbered from Education Code Sec. 105.451 by Acts

2003, 78th Leg., ch. 1275, Sec. 2(49), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

129, Sec. 2, eff. May 23, 2009.

Text of section effective on June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

Sec. 105.502. UNIVERSITY OF NORTH TEXAS SYSTEM COLLEGE OF LAW.

(a) The board may establish and operate a school of law in the

city of Dallas as a professional school of the University of

North Texas System.

(b) In administering the law school, the board may prescribe

courses leading to customary degrees offered at other leading

American schools of law and may award those degrees.

(c) Until the University of North Texas at Dallas has been

administered as a general academic teaching institution for five

years, the board shall administer the law school as a

professional school of the system. After that period, the law

school shall become a professional school of the University of

North Texas at Dallas. Until the law school becomes a

professional school of the University of North Texas at Dallas,

the law school:

(1) is considered an institution of higher education under

Section 61.003 for all purposes under other law; and

(2) is entitled to formula funding as if the law school were a

professional school of a general academic teaching institution.

(d) Before the board establishes a law school under this

section, but not later than June 1, 2010, the Texas Higher

Education Coordinating Board shall prepare a feasibility study to

determine the actions the system must take to obtain

accreditation of the law school. The Texas Higher Education

Coordinating Board shall deliver a copy of the study to the chair

of each legislative standing committee or subcommittee with

jurisdiction over higher education.

(e) The board may solicit and accept gifts, grants, and

donations from any public or private source for the purposes of

this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

1213, Sec. 3, eff. June 19, 2009.

State Codes and Statutes

Statutes > Texas > Education-code > Title-3-higher-education > Chapter-105-university-of-north-texas-system

EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE F. OTHER COLLEGES AND UNIVERSITIES

CHAPTER 105. UNIVERSITY OF NORTH TEXAS SYSTEM

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective until June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

Sec. 105.001. UNIVERSITY OF NORTH TEXAS SYSTEM. The University

of North Texas System is composed of:

(1) the University of North Texas;

(2) the University of North Texas Health Science Center at Fort

Worth; and

(3) the University of North Texas at Dallas.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1213, Sec. 1, eff. June 19, 2009.

Text of section effective on June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

Sec. 105.001. UNIVERSITY OF NORTH TEXAS SYSTEM. The University

of North Texas System is composed of:

(1) the University of North Texas;

(2) the University of North Texas Health Science Center at Fort

Worth;

(3) the University of North Texas at Dallas; and

(4) the University of North Texas at Dallas College of Law.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1213, Sec. 1, eff. June 19, 2009.

Sec. 105.002. DEFINITIONS. In this chapter:

(1) "Board" means the board of regents of the University of

North Texas System.

(2) "Health Science Center" means the University of North Texas

Health Science Center at Fort Worth.

(3) "System" means the University of North Texas System

including its components and entities.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 105.051. BOARD OF REGENTS. The organization, control, and

management of the University of North Texas System and each

component institution of the system is vested in a board of nine

regents appointed by the governor and confirmed by the senate.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.052. TERM OF OFFICE; REMOVAL; VACANCY. The term of

office of each regent is six years, with the terms of three

regents expiring every two years. Members of the board may be

removed from office for inefficiency or malfeasance of office.

Any vacancy that occurs on the board shall be filled by the

governor for the unexpired term.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.053. OATH. Each member of the board shall take the

constitutional oath of office before assuming the duties of his

office.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.054. OFFICERS; MEETINGS. The board shall elect a

chairman and any other officers it considers necessary. The

chairman may convene the board when the chairman considers it

expedient to consider any business related to the system.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

SUBCHAPTER C. POWERS AND DUTIES OF BOARD

Sec. 105.101. GENERAL POWERS AND DUTIES. (a) The board may

direct, govern, operate, support, maintain, manage, and control

the system.

(b) The board may:

(1) erect, equip, maintain, and repair system buildings;

(2) purchase libraries, furniture, equipment, fuel, and supplies

necessary to operate the system;

(3) employ and discharge personnel, including faculty, to carry

out the board's powers and duties;

(4) adopt rules and policies for the administration of the

board's powers and duties;

(5) in accordance with the rules of the Texas Higher Education

Coordinating Board, prescribe for each component institution

programs and courses leading to customary degrees as are offered

at outstanding American universities and award those degrees,

including baccalaureate, master's, and doctoral degrees and their

equivalents;

(6) establish admission standards for each component

institution;

(7) perform other acts that contribute to the development of the

system or to the welfare of students of component institutions;

and

(8) delegate a power or assign a duty of the board to an

officer, employee, or committee designated by the board.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.102. CHIEF EXECUTIVE OFFICERS. (a) The board shall

appoint a chancellor who serves as chief executive officer of the

system.

(b) The board shall appoint a president of each component

institution who serves as chief executive officer of the

institution. The president of the University of North Texas

Health Science Center at Fort Worth must be a licensed physician

who possesses a doctor of osteopathy degree from an accredited

college of osteopathic medicine and must have been licensed to

practice medicine in a state of the United States for at least

five years

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.103. EMINENT DOMAIN: RESTRICTION. (a) The board may

exercise the power of eminent domain to acquire land for the use

of the system.

(b) The board must exercise the power of eminent domain in the

manner provided by Chapter 21, Property Code, but the board is

not required to provide a bond for appeal or a bond for costs.

(c) The board may not use the power of eminent domain to acquire

land that is dedicated to a public use by another governmental

entity.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.104. DONATIONS, GIFTS, GRANTS, AND ENDOWMENT. (a)

From any source, including the federal government, a

municipality, a foundation, a trust fund, a corporation, another

education agency, or any other person, the board may accept

donations, gifts, grants, and endowments of money or property,

real or personal, for the system to be held in trust and

administered by the board for the purposes and under the

direction, limitations, and provisions declared in writing in the

donation, gift, grant, or endowment.

(b) The donation, gift, grant, or endowment must be consistent

with the laws of this state and with the objectives and proper

management of the system.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.105. FUNDS RECEIVED FOR TRUST SERVICES. (a) The board

may deposit in an appropriate system account outside the state

treasury all funds received as administrative fees or charges for

services rendered in the management or administration of a trust

estate under the control of the system.

(b) The funds under Subsection (a) may be spent by the board for

any educational purpose of the system.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.106. DISBURSEMENT OF FUNDS. (a) Except as otherwise

provided by law, the board shall disburse all appropriations to

the system.

(b) Except as otherwise provided by law, the board may adopt

rules for:

(1) the disbursal of appropriations and other funds;

(2) the auditing and approval of system accounts; and

(3) the issuance of system vouchers and warrants.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.107. SYSTEM PROPERTY. (a) The board has the sole and

exclusive management and control of system lands.

(b) The board may acquire by purchase, donation, exchange,

condemnation, or otherwise:

(1) land, including improvements, for the use of the system; and

(2) other real property that is necessary or convenient to carry

out the purposes of state-supported institutions of higher

education.

(c) Except as otherwise provided by law, the board may sell,

exchange, lease, or dispose of any land or other real property

owned by or acquired for the board or the system.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.108. CONTRACTS. (a) Except as provided by Subsection

(b), a contract with the system must be approved by the board.

(b) The board by rule may delegate to a representative of the

board or an employee of the system the authority to negotiate,

execute, and approve a contract with the system.

(c) A contract that is not approved in accordance with this

section is void.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.109. JOINT APPOINTMENTS. The board may make joint

appointments in the component institutions of the system, with

the salary of any person who receives a joint appointment to be

apportioned to the appointing institution on the basis of

services rendered.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.110. RESEARCH PARK. (a) The board may authorize the

establishment of a research park by one or more component

institutions of the system.

(b) The administrator of the research park may use private or

public entities for scientific and technological research and

development in the surrounding region.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

SUBCHAPTER D. MISCELLANEOUS ADMINISTRATIVE PROVISIONS

Sec. 105.151. MANDATORY VENUE; SERVICE OF PROCESS. (a) Venue

for a suit filed against the system, the board, the University of

North Texas, or officers or employees of the University of North

Texas is in Denton County.

(b) Venue for a suit filed solely against the health science

center or officers or employees of the health science center is

in Tarrant County.

(c) Venue for a suit filed solely against the University of

North Texas at Dallas or against officers or employees of the

University of North Texas at Dallas is in Dallas County.

Text of subsection effective on June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

(c-1) Venue for a suit filed solely against the University of

North Texas at Dallas College of Law or against officers or

employees of the University of North Texas at Dallas College of

Law is in Dallas County.

Text of subsection effective until June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

(d) In case of a conflict between Subsection (a), (b), or (c)

and any other law, Subsection (a), (b), or (c) controls.

Text of subsection effective on June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

(d) In case of a conflict between Subsection (a), (b), (c), or

(c-1) and any other law, Subsection (a), (b), (c), or (c-1)

controls.

(e) Service of citation or other required process must be made

on the attorney general and on an individual named by board rule

as a representative of the board.

(f) This section does not waive any defense or any immunity to

suit or liability that may be asserted by an entity or other

person described by Subsection (a), (b), or (c).

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1213, Sec. 2, eff. June 19, 2009.

Sec. 105.152. POLICE JURISDICTION. Campus peace officers shall

have the same jurisdiction, powers, privileges, and immunities as

specified in Section 51.203, Education Code.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.153. DELEGATION OF MUNICIPAL PARKING REGULATION

AUTHORITY. (a) By contract between the municipality and the

component institution, the governing body of the municipality may

delegate to the institution the authority to regulate the parking

of vehicles on any public street running through or immediately

adjacent to property owned or occupied and controlled by the

institution.

(b) The contract may authorize the component institution to

assign and regulate parking spaces for its use, to charge and

collect a fee from its personnel and students for parking, to

prohibit parking, and to charge and collect a fee for removing

vehicles parked in violation of law or ordinance or in violation

of a rule governing the parking of vehicles adopted by the board.

(c) The contract must be approved by resolution of the board and

the governing body of the municipality.

(d) The component institution shall have jurisdiction over

property owned or controlled by the institution to the extent

that it may:

(1) assign and regulate parking spaces for its use and charge

and collect appropriate fees for parking and improper parking;

(2) prohibit parking where it considers necessary; and

(3) set and collect fees for and remove vehicles parked in

violation of its rules and regulations or of state law.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.154. CONSTRUCTION OF PROVISIONS REGARDING CAMPUS

SECURITY PERSONNEL. Sections 105.152 and 105.153 do not:

(1) limit the police powers of the municipality or its law

enforcement jurisdiction;

(2) render a campus peace officer an employee of the

municipality or entitle a campus peace officer to compensation

from the municipality; or

(3) restrict the power of the component institution under other

law to enforce laws, ordinances, or rules regulating traffic or

parking.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

SUBCHAPTER E. UNIVERSITY OF NORTH TEXAS

Sec. 105.201. DEFINITION. In this subchapter, "university"

means the University of North Texas.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.202. UNIVERSITY OF NORTH TEXAS. The University of

North Texas is a coeducational institution of higher education

located in the city of Denton.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.203. CONTRACTS WITH CITY FOR UTILITY SERVICES. The

board may contract with the City of Denton for the furnishing of

water and other utility services to the university. The rates to

be charged the university may not exceed those regularly

established, published, and declared rates for similar customers.

If there are no similar customers, the rates to be charged shall

be those established by the City of Denton for commercial users.

The city may make any adjustments, discounts, and special rates

that the governing authorities of the city may consider

appropriate to provide for the university.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.204. MENTORING PROGRAM. (a) The board may establish a

mentoring program at the university. The program may provide

mentoring, tutoring, and other resources to students at all

levels of the educational system to assist students to:

(1) succeed in their education and achieve appropriate

educational goals; and

(2) prepare for the transition from being a student to becoming

an independent adult member of society.

(b) The program may recruit, train, coordinate, and support

mentors and tutors and may provide other resources to students in

the communities primarily served by the university who are

students at risk of dropping out of school, as defined by Section

29.081, or who are otherwise in need of services to assist them

in successfully completing their education and becoming

productive members of the community.

(c) The board shall establish in connection with the program a

continuing study and evaluation of mentoring activities and

research into the best practices and methods of mentoring.

(d) At the times determined by the board, the board shall

prepare a report relating to the operation of the program. The

report must include:

(1) a description of the program;

(2) information relating to the students served by the program;

(3) an analysis of the effects of the program on student

performance, including effects on dropout rates, school

attendance, grades, performance on assessment tests, graduation

rates, and entry into higher education programs;

(4) the costs of the program and the sources of funds used to

support the program; and

(5) the board's recommendations for continuing the program and

for any changes in the law authorizing the program.

(e) The board may use available institutional funds, as defined

by Section 51.009, to support the program. The board may solicit

and accept gift, grants, and donations from any public or private

source to support the program.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

SUBCHAPTER F. STATE HISTORICAL COLLECTION

Sec. 105.251. DESIGNATION. The historical collection of the

University of North Texas, consisting of books, documents,

stamps, coins, firearms, implements of warfare, relics,

heirlooms, and other items of historical importance, is

designated as a State Historical Collection, to be known as "The

State Historical Collection of the University of North Texas."

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.252. GIFTS AND DONATIONS. The board may accept and

receive gifts, donations, and collections of books, documents,

stamps, coins, firearms, implements of warfare, relics,

heirlooms, and collections of all kinds having historical

importance and value, to be used in teaching the youth of this

state.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.253. RULES REGARDING GIFTS AND DONATIONS. The board

may adopt any rules regarding the receiving and holding of these

gifts, donations, and collections that it considers necessary and

advisable.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

SUBCHAPTER G. TEXAS ACADEMY OF MATHEMATICS AND SCIENCE

Sec. 105.301. ESTABLISHMENT; SCOPE. (a) The Texas Academy of

Mathematics and Science is established as a division of the

University of North Texas for the following purposes:

(1) to provide an enriched school for gifted and talented high

school juniors and seniors to complete their high school

education and to attend college courses for credit;

(2) to identify exceptionally gifted and intelligent high school

students at the junior and senior levels and offer them a

challenging education to maximize their development;

(3) to provide a rigorous academic program emphasizing

mathematics and science, but also including a strong and varied

humanities curriculum; and

(4) to reduce the shortage of mathematics and science

professionals in this state.

(b) The academy is a residential, coeducational institution for

selected Texas high school students with interest and potential

in mathematics and science under the control and management of

the board. Faculty members of the university shall teach all

academic classes at the academy.

(c) A student of the academy may attend a college course offered

by the university and receive college credit for that course.

(d) The board shall set aside adequate space on the university

campus in Denton to be used for the operation of the academy and

to carry out the purposes of this subchapter.

(e) The academy is not subject to the provisions of this code,

or to the rules of the Texas Education Agency, regulating public

schools, except that:

(1) professional employees of the academy are entitled to the

limited liability of an employee under Section 22.0511, 22.0512,

or 22.052;

(2) a student's attendance at the academy satisfies compulsory

school attendance requirements; and

(3) for each student enrolled, the academy is entitled to

allotments from the foundation school program under Chapter 42 as

if the academy were a school district without a tier one local

share for purposes of Section 42.253.

(f) If in any academic year the amount of the allotments under

Subsection (e)(3) exceeds the amount of state funds paid to the

academy under this section in the fiscal year ending August 31,

2003, the commissioner 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 under this

subsection, the commissioner 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 under this section is final and may not be appealed.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001; Acts 2003, 78th Leg., ch. 204, Sec. 15.05, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 241, Sec. 1, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 1197, Sec. 6, eff. Sept. 1, 2003.

Sec. 105.302. SUPERVISION BY ADVISORY BOARD. (a) In operating

the academy the board shall consider the advice of an advisory

board composed of nine members.

(b) Each of the following shall appoint one member to serve on

the advisory board:

(1) the chairman of the State Board of Education;

(2) the commissioner of higher education;

(3) the president of the Texas Association of School

Administrators;

(4) the president of the Texas Association for the Gifted and

Talented;

(5) the governor;

(6) the lieutenant governor; and

(7) the speaker of the Texas House of Representatives.

(c) The president of the University of North Texas shall appoint

two members to the advisory board.

(d) A member of the advisory board serves for a term of six

years. If reappointed, a member may serve for more than one term.

(e) A member of the advisory board may not receive compensation

for the performance of duties on the advisory board, but a member

is entitled to reimbursement for actual and necessary expenses

incurred in carrying out official duties from funds appropriated

for the academy.

(f) The advisory board shall make recommendations to the dean of

the academy concerning the following:

(1) admission criteria;

(2) extracurricular activities;

(3) programs of study;

(4) rules for the discipline of students and for the management

of the academy and academy programs;

(5) a formula of admission that ensures the admission of

students from the various geographical areas of the state; and

(6) acceptance of nominations for and the selection of students

to be admitted to the academy.

(g) The advisory board shall conduct an annual evaluation of the

programs of the academy.

(h) A rule recommended by the advisory board under Subsection

(f) shall be consistent with the law and, if adopted, shall be

enforced by the staff and faculty of the academy.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001; Acts 2003, 78th Leg., ch. 1276, Sec. 6.011, eff. Sept. 1,

2003.

Sec. 105.303. PROGRAM AND OPERATION. (a) The academy shall

operate on the same fall and spring semester basis as the

University of North Texas. Full-time students of the academy must

be enrolled for both the fall and spring semesters.

(b) In addition to academic classes, the academy may offer short

courses, workshops, seminars, weekend instructional programs,

summer programs, and other innovative programs.

(c) The pupil-teacher ratio in all regular academic classes at

the academy may not exceed 30 students for each classroom

teacher, except that the pupil-teacher ratio may exceed that

limit:

(1) in programs provided under Subsection (b), in physical

education courses, or in special enrichment courses; or

(2) if the board determines that a class with more than 30

students for each classroom teacher would contribute to the

educational development of the students in the class.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.304. EXTRACURRICULAR ACTIVITIES. The academy may offer

any extracurricular activity that a public secondary school could

offer. Students attending the academy may participate in all

extracurricular activities sanctioned by the university

interscholastic league.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.305. ELIGIBILITY. (a) Except as provided by

Subsection (b), the academy shall admit only high school juniors

and seniors.

(b) The academy may provide for an early admission year to allow

the admission of a student who is not yet a high school junior if

the abilities of the student warrant early entry.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.306. FUNDING. (a) The board is hereby authorized to

use available funds or to enter into contracts and accept grants

or matching grants for the purpose of establishing an academy of

mathematics and science.

(b) Any money received by the academy shall be expended to

further the functions and purposes of the academy listed in

Section 105.301.

(c) This section does not prevent the board from accepting

federal funds or money from any corporation or other private

contributor for use in operating or providing programs to the

academy.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.307. DEAN. (a) The board may appoint a dean of the

academy who shall serve at the pleasure of the board.

(b) The dean shall report to the provost of the University of

North Texas and shall have a seat on the council of deans.

(c) The dean shall prepare an annual budget for the operation of

the academy and submit the budget to the provost of the

university.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.308. LIABILITY. (a) 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. 051 and 22.052 of this

code and Section 101.051, Civil Practice and Remedies Code.

(b) 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, limits on liability, and indemnity under

Chapters 104 and 108, Civil Practice and Remedies Code.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

SUBCHAPTER H. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER AT

FORT WORTH

Sec. 105.401. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER AT

FORT WORTH. The University of North Texas Health Science Center

at Fort Worth is a coeducational institution of higher education

that consists of a college of osteopathic medicine and other

programs as prescribed by the board in accordance with the rules

of the Texas Higher Education Coordinating Board.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.402. PROHIBITED DEGREES. The board may not award an

M.D. degree.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.403. TEACHING HOSPITAL; FACILITIES. (a) A complete

teaching hospital for the health science center shall be

furnished without cost or expense to the state.

(b) The board shall provide for adequate physical facilities for

use by the health science center in its teaching and research

programs.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.404. AGREEMENTS WITH OTHER ENTITIES. The board may

execute and carry out affiliation or coordinating agreements with

any other entity, school, or institution in this state to provide

clinical, postgraduate, including internship and residency, or

other levels of medical educational work for the health science

center.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

SUBCHAPTER J. UNIVERSITY OF NORTH TEXAS AT DALLAS

Sec. 105.501. UNIVERSITY OF NORTH TEXAS AT DALLAS. (a) The

University of North Texas at Dallas is established as an

institution of higher education and component institution of the

University of North Texas System in the city of Dallas on

property designated by the board.

(b) The board may accept gifts, grants, and donations and may

acquire land for the University of North Texas at Dallas.

(c) The board may plan for the development of the University of

North Texas at Dallas and for the academic programs offered by

the university.

Text of subsection effective until May 23, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 129, Sec. 4, which states: This Act does not

make an appropriation. This Act takes effect only if a specific

appropriation for the implementation of the Act is provided in a

general appropriations act of the 81st Legislature.

(d) Notwithstanding any other provision of this subchapter, the

University of North Texas at Dallas may 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 enrollment at the

University of North Texas System Center at Dallas has reached an

enrollment equivalent to 1,000 full-time students for one

semester. Until that enrollment level is reached, the board may

operate a system center of the University of North Texas in the

city of Dallas. Prior to reaching 2,500 full-time equivalent

students, the University of North Texas at Dallas may not receive

general revenue in excess of the 2003 expended amount with the

exception of funding provided through the General Academic

Instruction and Operations Formula for semester credit hour

increases and the Tuition Revenue Bond debt service for bonds

approved in the 78th Legislature. The institution will not be

eligible to receive the small school supplement in the General

Academic Instruction and Operations Formula until it reaches

2,500 full-time equivalent student enrollment.

Text of subsection effective on May 23, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 129, Sec. 4, which states: This Act does not

make an appropriation. This Act takes effect only if a specific

appropriation for the implementation of the Act is provided in a

general appropriations act of the 81st Legislature.

(d) Notwithstanding any other provision of this subchapter, the

University of North Texas at Dallas may 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 enrollment at the

University of North Texas System Center at Dallas has reached an

enrollment equivalent to 1,000 full-time students for one

semester. Until that enrollment level is reached, the board may

operate a system center of the University of North Texas in the

city of Dallas.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Amended by Acts 2003, 78th Leg., ch. 1266, Sec. 7.01, eff. June

20, 2003. Renumbered from Education Code Sec. 105.451 by Acts

2003, 78th Leg., ch. 1275, Sec. 2(49), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

129, Sec. 2, eff. May 23, 2009.

Text of section effective on June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

Sec. 105.502. UNIVERSITY OF NORTH TEXAS SYSTEM COLLEGE OF LAW.

(a) The board may establish and operate a school of law in the

city of Dallas as a professional school of the University of

North Texas System.

(b) In administering the law school, the board may prescribe

courses leading to customary degrees offered at other leading

American schools of law and may award those degrees.

(c) Until the University of North Texas at Dallas has been

administered as a general academic teaching institution for five

years, the board shall administer the law school as a

professional school of the system. After that period, the law

school shall become a professional school of the University of

North Texas at Dallas. Until the law school becomes a

professional school of the University of North Texas at Dallas,

the law school:

(1) is considered an institution of higher education under

Section 61.003 for all purposes under other law; and

(2) is entitled to formula funding as if the law school were a

professional school of a general academic teaching institution.

(d) Before the board establishes a law school under this

section, but not later than June 1, 2010, the Texas Higher

Education Coordinating Board shall prepare a feasibility study to

determine the actions the system must take to obtain

accreditation of the law school. The Texas Higher Education

Coordinating Board shall deliver a copy of the study to the chair

of each legislative standing committee or subcommittee with

jurisdiction over higher education.

(e) The board may solicit and accept gifts, grants, and

donations from any public or private source for the purposes of

this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

1213, Sec. 3, eff. June 19, 2009.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Education-code > Title-3-higher-education > Chapter-105-university-of-north-texas-system

EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE F. OTHER COLLEGES AND UNIVERSITIES

CHAPTER 105. UNIVERSITY OF NORTH TEXAS SYSTEM

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective until June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

Sec. 105.001. UNIVERSITY OF NORTH TEXAS SYSTEM. The University

of North Texas System is composed of:

(1) the University of North Texas;

(2) the University of North Texas Health Science Center at Fort

Worth; and

(3) the University of North Texas at Dallas.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1213, Sec. 1, eff. June 19, 2009.

Text of section effective on June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

Sec. 105.001. UNIVERSITY OF NORTH TEXAS SYSTEM. The University

of North Texas System is composed of:

(1) the University of North Texas;

(2) the University of North Texas Health Science Center at Fort

Worth;

(3) the University of North Texas at Dallas; and

(4) the University of North Texas at Dallas College of Law.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1213, Sec. 1, eff. June 19, 2009.

Sec. 105.002. DEFINITIONS. In this chapter:

(1) "Board" means the board of regents of the University of

North Texas System.

(2) "Health Science Center" means the University of North Texas

Health Science Center at Fort Worth.

(3) "System" means the University of North Texas System

including its components and entities.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 105.051. BOARD OF REGENTS. The organization, control, and

management of the University of North Texas System and each

component institution of the system is vested in a board of nine

regents appointed by the governor and confirmed by the senate.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.052. TERM OF OFFICE; REMOVAL; VACANCY. The term of

office of each regent is six years, with the terms of three

regents expiring every two years. Members of the board may be

removed from office for inefficiency or malfeasance of office.

Any vacancy that occurs on the board shall be filled by the

governor for the unexpired term.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.053. OATH. Each member of the board shall take the

constitutional oath of office before assuming the duties of his

office.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.054. OFFICERS; MEETINGS. The board shall elect a

chairman and any other officers it considers necessary. The

chairman may convene the board when the chairman considers it

expedient to consider any business related to the system.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

SUBCHAPTER C. POWERS AND DUTIES OF BOARD

Sec. 105.101. GENERAL POWERS AND DUTIES. (a) The board may

direct, govern, operate, support, maintain, manage, and control

the system.

(b) The board may:

(1) erect, equip, maintain, and repair system buildings;

(2) purchase libraries, furniture, equipment, fuel, and supplies

necessary to operate the system;

(3) employ and discharge personnel, including faculty, to carry

out the board's powers and duties;

(4) adopt rules and policies for the administration of the

board's powers and duties;

(5) in accordance with the rules of the Texas Higher Education

Coordinating Board, prescribe for each component institution

programs and courses leading to customary degrees as are offered

at outstanding American universities and award those degrees,

including baccalaureate, master's, and doctoral degrees and their

equivalents;

(6) establish admission standards for each component

institution;

(7) perform other acts that contribute to the development of the

system or to the welfare of students of component institutions;

and

(8) delegate a power or assign a duty of the board to an

officer, employee, or committee designated by the board.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.102. CHIEF EXECUTIVE OFFICERS. (a) The board shall

appoint a chancellor who serves as chief executive officer of the

system.

(b) The board shall appoint a president of each component

institution who serves as chief executive officer of the

institution. The president of the University of North Texas

Health Science Center at Fort Worth must be a licensed physician

who possesses a doctor of osteopathy degree from an accredited

college of osteopathic medicine and must have been licensed to

practice medicine in a state of the United States for at least

five years

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.103. EMINENT DOMAIN: RESTRICTION. (a) The board may

exercise the power of eminent domain to acquire land for the use

of the system.

(b) The board must exercise the power of eminent domain in the

manner provided by Chapter 21, Property Code, but the board is

not required to provide a bond for appeal or a bond for costs.

(c) The board may not use the power of eminent domain to acquire

land that is dedicated to a public use by another governmental

entity.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.104. DONATIONS, GIFTS, GRANTS, AND ENDOWMENT. (a)

From any source, including the federal government, a

municipality, a foundation, a trust fund, a corporation, another

education agency, or any other person, the board may accept

donations, gifts, grants, and endowments of money or property,

real or personal, for the system to be held in trust and

administered by the board for the purposes and under the

direction, limitations, and provisions declared in writing in the

donation, gift, grant, or endowment.

(b) The donation, gift, grant, or endowment must be consistent

with the laws of this state and with the objectives and proper

management of the system.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.105. FUNDS RECEIVED FOR TRUST SERVICES. (a) The board

may deposit in an appropriate system account outside the state

treasury all funds received as administrative fees or charges for

services rendered in the management or administration of a trust

estate under the control of the system.

(b) The funds under Subsection (a) may be spent by the board for

any educational purpose of the system.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.106. DISBURSEMENT OF FUNDS. (a) Except as otherwise

provided by law, the board shall disburse all appropriations to

the system.

(b) Except as otherwise provided by law, the board may adopt

rules for:

(1) the disbursal of appropriations and other funds;

(2) the auditing and approval of system accounts; and

(3) the issuance of system vouchers and warrants.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.107. SYSTEM PROPERTY. (a) The board has the sole and

exclusive management and control of system lands.

(b) The board may acquire by purchase, donation, exchange,

condemnation, or otherwise:

(1) land, including improvements, for the use of the system; and

(2) other real property that is necessary or convenient to carry

out the purposes of state-supported institutions of higher

education.

(c) Except as otherwise provided by law, the board may sell,

exchange, lease, or dispose of any land or other real property

owned by or acquired for the board or the system.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.108. CONTRACTS. (a) Except as provided by Subsection

(b), a contract with the system must be approved by the board.

(b) The board by rule may delegate to a representative of the

board or an employee of the system the authority to negotiate,

execute, and approve a contract with the system.

(c) A contract that is not approved in accordance with this

section is void.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.109. JOINT APPOINTMENTS. The board may make joint

appointments in the component institutions of the system, with

the salary of any person who receives a joint appointment to be

apportioned to the appointing institution on the basis of

services rendered.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.110. RESEARCH PARK. (a) The board may authorize the

establishment of a research park by one or more component

institutions of the system.

(b) The administrator of the research park may use private or

public entities for scientific and technological research and

development in the surrounding region.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

SUBCHAPTER D. MISCELLANEOUS ADMINISTRATIVE PROVISIONS

Sec. 105.151. MANDATORY VENUE; SERVICE OF PROCESS. (a) Venue

for a suit filed against the system, the board, the University of

North Texas, or officers or employees of the University of North

Texas is in Denton County.

(b) Venue for a suit filed solely against the health science

center or officers or employees of the health science center is

in Tarrant County.

(c) Venue for a suit filed solely against the University of

North Texas at Dallas or against officers or employees of the

University of North Texas at Dallas is in Dallas County.

Text of subsection effective on June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

(c-1) Venue for a suit filed solely against the University of

North Texas at Dallas College of Law or against officers or

employees of the University of North Texas at Dallas College of

Law is in Dallas County.

Text of subsection effective until June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

(d) In case of a conflict between Subsection (a), (b), or (c)

and any other law, Subsection (a), (b), or (c) controls.

Text of subsection effective on June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

(d) In case of a conflict between Subsection (a), (b), (c), or

(c-1) and any other law, Subsection (a), (b), (c), or (c-1)

controls.

(e) Service of citation or other required process must be made

on the attorney general and on an individual named by board rule

as a representative of the board.

(f) This section does not waive any defense or any immunity to

suit or liability that may be asserted by an entity or other

person described by Subsection (a), (b), or (c).

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1213, Sec. 2, eff. June 19, 2009.

Sec. 105.152. POLICE JURISDICTION. Campus peace officers shall

have the same jurisdiction, powers, privileges, and immunities as

specified in Section 51.203, Education Code.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.153. DELEGATION OF MUNICIPAL PARKING REGULATION

AUTHORITY. (a) By contract between the municipality and the

component institution, the governing body of the municipality may

delegate to the institution the authority to regulate the parking

of vehicles on any public street running through or immediately

adjacent to property owned or occupied and controlled by the

institution.

(b) The contract may authorize the component institution to

assign and regulate parking spaces for its use, to charge and

collect a fee from its personnel and students for parking, to

prohibit parking, and to charge and collect a fee for removing

vehicles parked in violation of law or ordinance or in violation

of a rule governing the parking of vehicles adopted by the board.

(c) The contract must be approved by resolution of the board and

the governing body of the municipality.

(d) The component institution shall have jurisdiction over

property owned or controlled by the institution to the extent

that it may:

(1) assign and regulate parking spaces for its use and charge

and collect appropriate fees for parking and improper parking;

(2) prohibit parking where it considers necessary; and

(3) set and collect fees for and remove vehicles parked in

violation of its rules and regulations or of state law.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.154. CONSTRUCTION OF PROVISIONS REGARDING CAMPUS

SECURITY PERSONNEL. Sections 105.152 and 105.153 do not:

(1) limit the police powers of the municipality or its law

enforcement jurisdiction;

(2) render a campus peace officer an employee of the

municipality or entitle a campus peace officer to compensation

from the municipality; or

(3) restrict the power of the component institution under other

law to enforce laws, ordinances, or rules regulating traffic or

parking.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

SUBCHAPTER E. UNIVERSITY OF NORTH TEXAS

Sec. 105.201. DEFINITION. In this subchapter, "university"

means the University of North Texas.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.202. UNIVERSITY OF NORTH TEXAS. The University of

North Texas is a coeducational institution of higher education

located in the city of Denton.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.203. CONTRACTS WITH CITY FOR UTILITY SERVICES. The

board may contract with the City of Denton for the furnishing of

water and other utility services to the university. The rates to

be charged the university may not exceed those regularly

established, published, and declared rates for similar customers.

If there are no similar customers, the rates to be charged shall

be those established by the City of Denton for commercial users.

The city may make any adjustments, discounts, and special rates

that the governing authorities of the city may consider

appropriate to provide for the university.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.204. MENTORING PROGRAM. (a) The board may establish a

mentoring program at the university. The program may provide

mentoring, tutoring, and other resources to students at all

levels of the educational system to assist students to:

(1) succeed in their education and achieve appropriate

educational goals; and

(2) prepare for the transition from being a student to becoming

an independent adult member of society.

(b) The program may recruit, train, coordinate, and support

mentors and tutors and may provide other resources to students in

the communities primarily served by the university who are

students at risk of dropping out of school, as defined by Section

29.081, or who are otherwise in need of services to assist them

in successfully completing their education and becoming

productive members of the community.

(c) The board shall establish in connection with the program a

continuing study and evaluation of mentoring activities and

research into the best practices and methods of mentoring.

(d) At the times determined by the board, the board shall

prepare a report relating to the operation of the program. The

report must include:

(1) a description of the program;

(2) information relating to the students served by the program;

(3) an analysis of the effects of the program on student

performance, including effects on dropout rates, school

attendance, grades, performance on assessment tests, graduation

rates, and entry into higher education programs;

(4) the costs of the program and the sources of funds used to

support the program; and

(5) the board's recommendations for continuing the program and

for any changes in the law authorizing the program.

(e) The board may use available institutional funds, as defined

by Section 51.009, to support the program. The board may solicit

and accept gift, grants, and donations from any public or private

source to support the program.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

SUBCHAPTER F. STATE HISTORICAL COLLECTION

Sec. 105.251. DESIGNATION. The historical collection of the

University of North Texas, consisting of books, documents,

stamps, coins, firearms, implements of warfare, relics,

heirlooms, and other items of historical importance, is

designated as a State Historical Collection, to be known as "The

State Historical Collection of the University of North Texas."

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.252. GIFTS AND DONATIONS. The board may accept and

receive gifts, donations, and collections of books, documents,

stamps, coins, firearms, implements of warfare, relics,

heirlooms, and collections of all kinds having historical

importance and value, to be used in teaching the youth of this

state.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.253. RULES REGARDING GIFTS AND DONATIONS. The board

may adopt any rules regarding the receiving and holding of these

gifts, donations, and collections that it considers necessary and

advisable.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

SUBCHAPTER G. TEXAS ACADEMY OF MATHEMATICS AND SCIENCE

Sec. 105.301. ESTABLISHMENT; SCOPE. (a) The Texas Academy of

Mathematics and Science is established as a division of the

University of North Texas for the following purposes:

(1) to provide an enriched school for gifted and talented high

school juniors and seniors to complete their high school

education and to attend college courses for credit;

(2) to identify exceptionally gifted and intelligent high school

students at the junior and senior levels and offer them a

challenging education to maximize their development;

(3) to provide a rigorous academic program emphasizing

mathematics and science, but also including a strong and varied

humanities curriculum; and

(4) to reduce the shortage of mathematics and science

professionals in this state.

(b) The academy is a residential, coeducational institution for

selected Texas high school students with interest and potential

in mathematics and science under the control and management of

the board. Faculty members of the university shall teach all

academic classes at the academy.

(c) A student of the academy may attend a college course offered

by the university and receive college credit for that course.

(d) The board shall set aside adequate space on the university

campus in Denton to be used for the operation of the academy and

to carry out the purposes of this subchapter.

(e) The academy is not subject to the provisions of this code,

or to the rules of the Texas Education Agency, regulating public

schools, except that:

(1) professional employees of the academy are entitled to the

limited liability of an employee under Section 22.0511, 22.0512,

or 22.052;

(2) a student's attendance at the academy satisfies compulsory

school attendance requirements; and

(3) for each student enrolled, the academy is entitled to

allotments from the foundation school program under Chapter 42 as

if the academy were a school district without a tier one local

share for purposes of Section 42.253.

(f) If in any academic year the amount of the allotments under

Subsection (e)(3) exceeds the amount of state funds paid to the

academy under this section in the fiscal year ending August 31,

2003, the commissioner 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 under this

subsection, the commissioner 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 under this section is final and may not be appealed.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001; Acts 2003, 78th Leg., ch. 204, Sec. 15.05, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 241, Sec. 1, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 1197, Sec. 6, eff. Sept. 1, 2003.

Sec. 105.302. SUPERVISION BY ADVISORY BOARD. (a) In operating

the academy the board shall consider the advice of an advisory

board composed of nine members.

(b) Each of the following shall appoint one member to serve on

the advisory board:

(1) the chairman of the State Board of Education;

(2) the commissioner of higher education;

(3) the president of the Texas Association of School

Administrators;

(4) the president of the Texas Association for the Gifted and

Talented;

(5) the governor;

(6) the lieutenant governor; and

(7) the speaker of the Texas House of Representatives.

(c) The president of the University of North Texas shall appoint

two members to the advisory board.

(d) A member of the advisory board serves for a term of six

years. If reappointed, a member may serve for more than one term.

(e) A member of the advisory board may not receive compensation

for the performance of duties on the advisory board, but a member

is entitled to reimbursement for actual and necessary expenses

incurred in carrying out official duties from funds appropriated

for the academy.

(f) The advisory board shall make recommendations to the dean of

the academy concerning the following:

(1) admission criteria;

(2) extracurricular activities;

(3) programs of study;

(4) rules for the discipline of students and for the management

of the academy and academy programs;

(5) a formula of admission that ensures the admission of

students from the various geographical areas of the state; and

(6) acceptance of nominations for and the selection of students

to be admitted to the academy.

(g) The advisory board shall conduct an annual evaluation of the

programs of the academy.

(h) A rule recommended by the advisory board under Subsection

(f) shall be consistent with the law and, if adopted, shall be

enforced by the staff and faculty of the academy.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001; Acts 2003, 78th Leg., ch. 1276, Sec. 6.011, eff. Sept. 1,

2003.

Sec. 105.303. PROGRAM AND OPERATION. (a) The academy shall

operate on the same fall and spring semester basis as the

University of North Texas. Full-time students of the academy must

be enrolled for both the fall and spring semesters.

(b) In addition to academic classes, the academy may offer short

courses, workshops, seminars, weekend instructional programs,

summer programs, and other innovative programs.

(c) The pupil-teacher ratio in all regular academic classes at

the academy may not exceed 30 students for each classroom

teacher, except that the pupil-teacher ratio may exceed that

limit:

(1) in programs provided under Subsection (b), in physical

education courses, or in special enrichment courses; or

(2) if the board determines that a class with more than 30

students for each classroom teacher would contribute to the

educational development of the students in the class.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.304. EXTRACURRICULAR ACTIVITIES. The academy may offer

any extracurricular activity that a public secondary school could

offer. Students attending the academy may participate in all

extracurricular activities sanctioned by the university

interscholastic league.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.305. ELIGIBILITY. (a) Except as provided by

Subsection (b), the academy shall admit only high school juniors

and seniors.

(b) The academy may provide for an early admission year to allow

the admission of a student who is not yet a high school junior if

the abilities of the student warrant early entry.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.306. FUNDING. (a) The board is hereby authorized to

use available funds or to enter into contracts and accept grants

or matching grants for the purpose of establishing an academy of

mathematics and science.

(b) Any money received by the academy shall be expended to

further the functions and purposes of the academy listed in

Section 105.301.

(c) This section does not prevent the board from accepting

federal funds or money from any corporation or other private

contributor for use in operating or providing programs to the

academy.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.307. DEAN. (a) The board may appoint a dean of the

academy who shall serve at the pleasure of the board.

(b) The dean shall report to the provost of the University of

North Texas and shall have a seat on the council of deans.

(c) The dean shall prepare an annual budget for the operation of

the academy and submit the budget to the provost of the

university.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

Sec. 105.308. LIABILITY. (a) 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. 051 and 22.052 of this

code and Section 101.051, Civil Practice and Remedies Code.

(b) 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, limits on liability, and indemnity under

Chapters 104 and 108, Civil Practice and Remedies Code.

Amended by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2,

2001.

SUBCHAPTER H. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER AT

FORT WORTH

Sec. 105.401. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER AT

FORT WORTH. The University of North Texas Health Science Center

at Fort Worth is a coeducational institution of higher education

that consists of a college of osteopathic medicine and other

programs as prescribed by the board in accordance with the rules

of the Texas Higher Education Coordinating Board.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.402. PROHIBITED DEGREES. The board may not award an

M.D. degree.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.403. TEACHING HOSPITAL; FACILITIES. (a) A complete

teaching hospital for the health science center shall be

furnished without cost or expense to the state.

(b) The board shall provide for adequate physical facilities for

use by the health science center in its teaching and research

programs.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Sec. 105.404. AGREEMENTS WITH OTHER ENTITIES. The board may

execute and carry out affiliation or coordinating agreements with

any other entity, school, or institution in this state to provide

clinical, postgraduate, including internship and residency, or

other levels of medical educational work for the health science

center.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

SUBCHAPTER J. UNIVERSITY OF NORTH TEXAS AT DALLAS

Sec. 105.501. UNIVERSITY OF NORTH TEXAS AT DALLAS. (a) The

University of North Texas at Dallas is established as an

institution of higher education and component institution of the

University of North Texas System in the city of Dallas on

property designated by the board.

(b) The board may accept gifts, grants, and donations and may

acquire land for the University of North Texas at Dallas.

(c) The board may plan for the development of the University of

North Texas at Dallas and for the academic programs offered by

the university.

Text of subsection effective until May 23, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 129, Sec. 4, which states: This Act does not

make an appropriation. This Act takes effect only if a specific

appropriation for the implementation of the Act is provided in a

general appropriations act of the 81st Legislature.

(d) Notwithstanding any other provision of this subchapter, the

University of North Texas at Dallas may 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 enrollment at the

University of North Texas System Center at Dallas has reached an

enrollment equivalent to 1,000 full-time students for one

semester. Until that enrollment level is reached, the board may

operate a system center of the University of North Texas in the

city of Dallas. Prior to reaching 2,500 full-time equivalent

students, the University of North Texas at Dallas may not receive

general revenue in excess of the 2003 expended amount with the

exception of funding provided through the General Academic

Instruction and Operations Formula for semester credit hour

increases and the Tuition Revenue Bond debt service for bonds

approved in the 78th Legislature. The institution will not be

eligible to receive the small school supplement in the General

Academic Instruction and Operations Formula until it reaches

2,500 full-time equivalent student enrollment.

Text of subsection effective on May 23, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 129, Sec. 4, which states: This Act does not

make an appropriation. This Act takes effect only if a specific

appropriation for the implementation of the Act is provided in a

general appropriations act of the 81st Legislature.

(d) Notwithstanding any other provision of this subchapter, the

University of North Texas at Dallas may 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 enrollment at the

University of North Texas System Center at Dallas has reached an

enrollment equivalent to 1,000 full-time students for one

semester. Until that enrollment level is reached, the board may

operate a system center of the University of North Texas in the

city of Dallas.

Added by Acts 2001, 77th Leg., ch. 25, Sec. 1, eff. May 2, 2001.

Amended by Acts 2003, 78th Leg., ch. 1266, Sec. 7.01, eff. June

20, 2003. Renumbered from Education Code Sec. 105.451 by Acts

2003, 78th Leg., ch. 1275, Sec. 2(49), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

129, Sec. 2, eff. May 23, 2009.

Text of section effective on June 19, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1213, Sec. 6, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

Sec. 105.502. UNIVERSITY OF NORTH TEXAS SYSTEM COLLEGE OF LAW.

(a) The board may establish and operate a school of law in the

city of Dallas as a professional school of the University of

North Texas System.

(b) In administering the law school, the board may prescribe

courses leading to customary degrees offered at other leading

American schools of law and may award those degrees.

(c) Until the University of North Texas at Dallas has been

administered as a general academic teaching institution for five

years, the board shall administer the law school as a

professional school of the system. After that period, the law

school shall become a professional school of the University of

North Texas at Dallas. Until the law school becomes a

professional school of the University of North Texas at Dallas,

the law school:

(1) is considered an institution of higher education under

Section 61.003 for all purposes under other law; and

(2) is entitled to formula funding as if the law school were a

professional school of a general academic teaching institution.

(d) Before the board establishes a law school under this

section, but not later than June 1, 2010, the Texas Higher

Education Coordinating Board shall prepare a feasibility study to

determine the actions the system must take to obtain

accreditation of the law school. The Texas Higher Education

Coordinating Board shall deliver a copy of the study to the chair

of each legislative standing committee or subcommittee with

jurisdiction over higher education.

(e) The board may solicit and accept gifts, grants, and

donations from any public or private source for the purposes of

this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

1213, Sec. 3, eff. June 19, 2009.