CHAPTER 78. THE UNIVERSITY OF TEXAS AT BROWNSVILLE

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EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE C. THE UNIVERSITY OF TEXAS SYSTEM

CHAPTER 78. THE UNIVERSITY OF TEXAS AT BROWNSVILLE

Sec. 78.01. DEFINITIONS. In this chapter:

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

Texas System.

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

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

1991.

Sec. 78.02. ESTABLISHMENT; SCOPE. (a) The board shall

establish an institution of higher education in the City of

Brownsville, to be known as The University of Texas at

Brownsville.

(b) Except as provided by Subsections (c) and (d), the

university shall teach only junior-, senior-, and graduate-level

courses.

the Southmost Union Junior College District in the manner

authorized by Subchapter N, Chapter 51, to offer a

lower-division, occupational, or technical course that is not

offered at the university.

(d) The university shall, subject to the authority of the Texas

Higher Education Coordinating Board, offer basic lower-division

courses to support bachelor of arts and bachelor of science

degree programs. If the Southmost Union Junior College District

provides regular operational support for Texas Southmost College

and the partnership with the university authorized by Subsection

(c), the university may offer additional lower-division courses.

Added by Acts 1989, 71st Leg., ch. 181, Sec. 6, eff. Sept. 1,

1989. Redesignated from Education Code, Sec. 77.31 and amended by

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

Amended by Acts 1997, 75th Leg., ch. 920, Sec. 1, eff. June 18,

1997.

Sec. 78.03. COURSES AND DEGREES. (a) The board may authorize

the university to offer any upper-level or graduate course which

is authorized by the Texas Higher Education Coordinating Board.

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

university.

of Texas at Brownsville.

Added by Acts 1989, 71st Leg., ch. 181, Sec. 6, eff. Sept. 1,

1989. Redesignated from Education Code Sec. 77.32 and amended by

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

Sec. 78.04. FACILITIES. The board shall make provisions for

adequate physical facilities for use by the university, on land

committed by the board of trustees of the Southmost Union Junior

College District on the district's Texas Southmost College

campus, subject to the normal requirements of the board and the

Texas Higher Education Coordinating Board.

Added by Acts 1989, 71st Leg., ch. 181, Sec. 6, eff. Sept. 1,

1989. Redesignated from Education Code Sec. 77.33 and amended by

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

Amended by Acts 1997, 75th Leg., ch. 920, Sec. 2, eff. June 18,

1997.

Sec. 78.05. GIFTS AND GRANTS. The board may accept and

administer, on terms and conditions acceptable to it, gifts,

grants, or donations of any kind and from any source for use by

The University of Texas at Brownsville.

Added by Acts 1989, 71st Leg., ch. 181, Sec. 6, eff. Sept. 1,

1989. Redesignated from Education Code, Sec. 77.34 and amended by

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

Sec. 78.06. TRANSFER OF FUNDS; JOINT APPOINTMENTS. (a) Unless

otherwise specifically restricted, funds may be transferred to

the university to implement this chapter.

(b) The board may make joint faculty appointments to a position

in the university and to a position in another institution under

its governance. The salary of a person receiving a joint

appointment shall be apportioned between the university and the

other institution on the basis of services rendered.

Added by Acts 1989, 71st Leg., ch. 181, Sec. 6, eff. Sept. 1,

1989. Redesignated from Education Code, Sec. 77.35 and amended by

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

Sec. 78.07. LOWER-DIVISION ADMISSIONS. The board, with the

concurrence of the board of trustees of the Southmost Union

Junior College District, shall determine the number of entering

freshmen who may be enrolled at the university each academic

year.

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

1997. Amended by Acts 2001, 77th Leg., ch. 1100, Sec. 1, eff.

June 15, 2001.

Sec. 78.08. FORMULA FUNDING. Notwithstanding Section 61.059, a

formula adopted by the Texas Higher Education Coordinating Board

under that section shall provide that the formula for upper-level

general academic teaching institutions shall be applied to

upper-division semester credit hours at the university for each

state fiscal year preceding the state fiscal year ending August

31, 2006.

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

1997.

Sec. 78.09. CENTER FOR BORDER ECONOMIC AND ENTERPRISE

DEVELOPMENT. (a) The board shall establish a center for border

economic and enterprise development at The University of Texas at

Brownsville.

(b) The center established under this section may:

(1) develop and manage an economic database concerning the

Texas-Mexico border;

(2) perform economic development planning and research;

(3) provide technical assistance to industrial and governmental

entities; and

(4) in cooperation with other state agencies, coordinate

economic and enterprise development planning activities of state

agencies to ensure that the economic needs of the Texas-Mexico

border are integrated within a comprehensive state economic

development plan.

other educational programs concerning the Texas-Mexico border

economy and economic and enterprise development within the state.

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

donations to aid in the establishment, maintenance, and operation

of the center.

(e) The center established under this section shall cooperate

fully with similar programs operated by Texas A&M

International University, The University of Texas--Pan American,

The University of Texas at El Paso, and other institutions of

higher education.

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

2001.

Sec. 78.10. TEXAS ACADEMY OF MATHEMATICS AND SCIENCE. (a) In

this section, "academy" means the Texas Academy of Mathematics

and Science at The University of Texas at Brownsville.

(b) The Texas Academy of Mathematics and Science is a division

of The University of Texas at Brownsville and is under the

management and control of the board. The academy serves the

following purposes:

(1) to provide academically gifted and highly motivated junior

and senior high school students with a challenging

university-level curriculum that:

(A) allows students to complete high school graduation

requirements, including requirements adopted under Section 28.025

for the advanced high school program, while attending for

academic credit a public institution of higher education;

(B) fosters students' knowledge of real-world mathematics and

science issues and applications and teaches students to apply

critical thinking and problem-solving skills to those issues and

problems;

studies, mathematics, science, and technology; and

(D) offers students learning opportunities related to

mathematics and science through in-depth research and field-based

studies;

(2) to provide students with an awareness of mathematics and

science careers and professional development opportunities

through seminars, workshops, collaboration with postsecondary and

university students including opportunities for summer studies,

internships in foreign countries, and similar methods; and

(3) to provide students with social development activities that

enrich the academic curriculum and student life, including, as

determined appropriate by the academy, University Interscholastic

League activities and other extracurricular activities.

Texas high school students with an interest in and the potential

to excel in mathematics and science studies. The academy shall

admit only high school juniors and seniors, except that the

academy may admit a student with exceptional abilities who is not

yet a high school junior. The board shall set aside adequate

space on the university campus in Brownsville to operate the

academy and implement the purposes of this section. The academy

must operate on the same fall and spring semester basis as the

university. Full-time students of the academy must enroll for

both the fall and spring semesters. Faculty members of the

university shall teach all academic classes at the academy. A

student of the academy may attend a college course offered by the

university and receive college credit for that course.

(d) Except as otherwise provided by this subsection, the

university administration has the same powers and duties with

respect to the academy that the administration has with respect

to the university. The board shall consult with the vice

president for academic affairs and the dean of the School of

Education and other members of the administration as the board

considers necessary concerning the academy's administrative

design and support, personnel and student issues, and faculty

development. The board shall consult with the dean of the

College of Science, Mathematics and Technology and other members

of the administration as the board considers necessary concerning

the academy's curriculum development, program design, and general

faculty issues. The board, in consultation with university

administration, shall:

(1) establish an internal management system for the academy and

appoint an academy principal who serves at the will of the board

and reports to the vice president for academic affairs;

(2) provide for one or more academy counselors;

(3) establish for the academy a site-based decision-making

process similar to the process required by Subchapter F, Chapter

11, that provides for the participation of academy faculty,

parents of academy students, and other members of the community;

and

(4) establish an admissions process for the academy.

(e) The student-teacher ratio in all regular academic classes at

the academy may not exceed 30 students for each classroom

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

limit:

(1) in a program provided for the purposes prescribed by

Subsection (b)(2) or another special enrichment course or in a

physical education course;

(2) if the board determines that a class with a higher

student-teacher ratio would contribute to the educational

development of the students in the class; or

(3) if an academy class is combined with a university class with

more than 30 students.

(f) The academy shall provide the university-level curriculum in

a manner that is appropriate for the social, psychological,

emotional, and physical development of high school juniors and

seniors. The administrative and counseling personnel of the

academy shall provide continuous support to and supervision of

students.

(g) For each student enrolled in the academy, the academy is

entitled to allotments from the foundation school fund under

Chapter 42 as if the academy were a school district without a

tier one local share for purposes of Section 42.253. If in any

academic year the amount of the allotments under this subsection

exceeds the amount of state funds paid to the academy in the

first fiscal year of the academy's operation, the commissioner of

education shall set aside from the total amount of funds to which

school districts are entitled under Section 42.253(c) an amount

equal to the excess amount and shall distribute that amount to

the academy. After deducting the amount set aside and paid to

the academy by the commissioner of education under this

subsection, the commissioner of education shall reduce the amount

to which each district is entitled under Section 42.253(c) in the

manner described by Section 42.253(h). A determination of the

commissioner of education under this subsection is final and may

not be appealed.

(h) The board may use any available money, enter into contracts,

and accept grants, including matching grants, federal grants, and

grants from a corporation or other private contributor, in

establishing and operating the academy. Money spent by the

academy must further the purposes of the academy under Subsection

(b).

(i) The liability of the state under Chapters 101 and 104, Civil

Practice and Remedies Code, is limited for the academy and

employees assigned to the academy and acting on behalf of the

academy to the same extent that the liability of a school

district and an employee of the school district is limited under

Sections 22.0511, 22.0512, and 22.052 of this code and Section

101.051, Civil Practice and Remedies Code. An employee assigned

to the academy is entitled to representation by the attorney

general in a civil suit based on an action or omission of the

employee in the course of the employee's employment, to limits on

liability, and to indemnity under Chapters 104 and 108, Civil

Practice and Remedies Code.

(j) Except as otherwise provided by this section, the academy is

not subject to the provisions of this code, or to the rules of

the Texas Education Agency, regulating public schools.

Added by Acts 2005, 79th Leg., Ch.

887, Sec. 1, eff. June 17, 2005.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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