CHAPTER 65. ADMINISTRATION OF THE UNIVERSITY OF TEXAS SYSTEM

EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE C. THE UNIVERSITY OF TEXAS SYSTEM

CHAPTER 65. ADMINISTRATION OF THE UNIVERSITY OF TEXAS SYSTEM

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 65.01. DEFINITIONS. In this chapter:

(1) "System" or "university system" means The University of

Texas System.

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

Texas System.

Acts 1971, 62nd Leg., p. 3144, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 65.02. ORGANIZATION. (a) The University of Texas System

is composed of the following institutions and entities:

(1) The University of Texas at Arlington, including:

(A) The University of Texas Institute of Urban Studies at

Arlington; and

(B) The University of Texas School of Nursing at Arlington;

(2) The University of Texas at Austin, including:

(A) The University of Texas Marine Science Institute;

(B) The University of Texas McDonald Observatory at Mount Locke;

and

(C) The University of Texas School of Nursing at Austin;

(3) The University of Texas at Dallas;

(4) The University of Texas at El Paso, including The University

of Texas School of Nursing at El Paso;

(5) The University of Texas of the Permian Basin;

(6) The University of Texas at San Antonio, including the

University of Texas Institute of Texan Cultures at San Antonio;

(7) The University of Texas Southwestern Medical Center at

Dallas, including:

(A) The University of Texas Southwestern Medical School at

Dallas;

(B) The University of Texas Southwestern Graduate School of

Biomedical Sciences at Dallas; and

(C) The University of Texas Southwestern Allied Health Sciences

School at Dallas;

(8) The University of Texas Medical Branch at Galveston,

including:

(A) The University of Texas Medical School at Galveston;

(B) The University of Texas Graduate School of Biomedical

Sciences at Galveston;

(C) The University of Texas School of Allied Health Sciences at

Galveston;

(D) The University of Texas Marine Biomedical Institute at

Galveston;

(E) The University of Texas Hospitals at Galveston; and

(F) The University of Texas School of Nursing at Galveston;

(9) The University of Texas Health Science Center at Houston,

including:

(A) The University of Texas Medical School at Houston;

(B) The University of Texas Dental Branch at Houston;

(C) The University of Texas Graduate School of Biomedical

Sciences at Houston;

(D) The University of Texas School of Health Information

Sciences at Houston;

(E) The University of Texas School of Public Health at Houston;

(F) The University of Texas Speech and Hearing Institute at

Houston; and

(G) The University of Texas School of Nursing at Houston;

(10) The University of Texas Health Science Center at San

Antonio, including:

(A) The University of Texas Medical School at San Antonio;

(B) The University of Texas Dental School at San Antonio;

(C) The University of Texas Graduate School of Biomedical

Sciences at San Antonio;

(D) The University of Texas School of Allied Health Sciences at

San Antonio; and

(E) The University of Texas School of Nursing at San Antonio;

(11) The University of Texas M. D. Anderson Cancer Center,

including:

(A) The University of Texas M. D. Anderson Hospital;

(B) The University of Texas M. D. Anderson Tumor Institute; and

(C) The University of Texas M. D. Anderson Science Park; and

(12) The University of Texas Health Science Center--South Texas,

including The University of Texas Medical School--South Texas, if

established under Subchapter N, Chapter 74.

(b) The University of Texas System shall also be composed of

such other institutions and entities as from time to time may be

assigned by specific legislative act to the governance, control,

jurisdiction, or management of The University of Texas System.

Added by Acts 1973, 63rd Leg., p. 1186, ch. 435, Sec. 1, eff.

Aug. 27, 1973. Amended by Acts 1989, 71st Leg., ch. 644, Sec. 2,

eff. June 14, 1989; Acts 2001, 77th Leg., ch. 325, Sec. 1, eff.

Sept. 1, 2001.

Amended by:

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

1341, Sec. 5, eff. June 19, 2009.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 65.11. BOARD OF REGENTS. The government of the university

system is vested in a board of nine regents appointed by the

governor with the advice and consent of the senate. The board may

provide for the administration, organization, and names of the

institutions and entities in The University of Texas System in

such a way as will achieve the maximum operating efficiency of

such institutions and entities, provided, however, that no

institution or entity of The University of Texas System not

authorized by specific legislative act to offer a four-year

undergraduate program as of the effective date of this Act shall

offer any such four-year undergraduate program without prior

recommendation and approval by a two-thirds vote of the Texas

Higher Education Coordinating Board and a specific act of the

Legislature.

Acts 1971, 62nd Leg., p. 3144, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1973, 63rd Leg., p. 1188, ch. 435,

Sec. 2, eff. Aug. 27, 1973; Acts 1989, 71st Leg., ch. 644, Sec.

3, eff. June 14, 1989.

Sec. 65.12. QUALIFICATIONS; TERMS. Each member of the board

shall be a qualified voter; and the members shall be selected

from different portions of the state. The members hold office for

staggered terms of six years, with the terms of three expiring

February 1 of odd-numbered years.

Acts 1971, 62nd Leg., p. 3144, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1983, 68th Leg., p. 2837, ch. 484,

art. III, Sec. 1, eff. June 19, 1983.

Sec. 65.13. BOARD OFFICERS. The board shall elect a chairman

from its members to serve at the will of the board. The

comptroller shall be the treasurer of the university system.

Acts 1971, 62nd Leg., p. 3144, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1997, 75th Leg., ch. 1423, Sec.

5.16, eff. Sept. 1, 1997.

Sec. 65.14. EXPENSES. The reasonable expenses incurred by

members of the board in the discharge of their duties shall be

paid from the available university fund.

Acts 1971, 62nd Leg., p. 3144, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 65.15. SEAL. The board may make and use a common seal and

may alter it at will.

Acts 1971, 62nd Leg., p. 3145, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 65.16. SYSTEM CENTRAL ADMINISTRATION OFFICE; EXECUTIVE

OFFICER. (a) The board shall establish a central administration

of the university system to provide oversight and coordination of

the activities of the system and each component institution

within the system.

(b) The board shall appoint a chief executive officer and such

other executive officers of the system central administration as

the board considers appropriate. The board shall determine each

officer's term of appointment, salary, and duties.

(c) Subject to the power and authority of the board, the chief

executive officer is responsible for the general management of

the university system within the policies of the board and for

making recommendations to the board concerning the organization

of the university system and the appointment of the chief

administrative officer for each component institution within the

system.

(d) In addition to other powers and duties provided by this code

or other law, the central administration of the system shall

recommend policies and rules to the governing board of the system

to ensure conformity with all laws and rules and to provide

uniformity in data collection and financial reporting procedures.

Added by Acts 1989, 71st Leg., ch. 464, Sec. 1, eff. June 14,

1989.

SUBCHAPTER C. POWERS AND DUTIES OF BOARD

Sec. 65.31. GENERAL POWERS AND DUTIES. (a) The board is

authorized and directed to govern, operate, support, and maintain

each of the component institutions that are now or may hereafter

be included in a part of The University of Texas System.

(b) The board is authorized to prescribe for each of the

component institutions courses and programs leading to such

degrees as are customarily offered in outstanding American

universities, and to award all such degrees. It is the intent of

the legislature that such degrees shall include baccalaureate,

master's, and doctoral degrees, and their equivalents, but no new

department, school, or degree-program shall be instituted without

the prior approval of the Coordinating Board, Texas College and

University System.

(c) The board has authority to promulgate and enforce such other

rules and regulations for the operation, control, and management

of the university system and the component institutions thereof

as the board may deem either necessary or desirable. The board is

specifically authorized and empowered to determine and prescribe

the number of students that shall be admitted to any course,

department, school, college, degree-program, or institution under

its governance.

(d) The board is specifically authorized to make joint

appointments in the component institutions under its governance.

The salary of any person who receives such joint appointment

shall be apportioned to the appointing institutions on the basis

of services rendered.

(e) The board is specifically authorized, upon terms and

conditions acceptable to it, to accept, retain in depositories of

its choosing, and administer gifts, grants, or donations of any

kind, from any source, for use by the system or any of the

component institutions of the system.

(f) No component institution which is not authorized to offer a

four-year undergraduate program shall offer a four-year

undergraduate program without the specific authorization of the

legislature.

(g) The board by rule may delegate a power or duty of the board

to a committee, officer, employee, or other agent of the board.

Acts 1971, 62nd Leg., p. 3145, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1971, 62nd Leg., p. 3360, ch.

1024, art. 2, Sec. 37, eff. Sept. 1, 1971; Acts 1983, 68th Leg.,

p. 5010, ch. 900, Sec. 1, eff. Aug. 29, 1983; Acts 1995, 74th

Leg., ch. 213, Sec. 1, eff. May 23, 1995.

Sec. 65.32. REMOVAL OF OFFICERS, ETC. The board may remove any

officer, member of the faculty, or employee connected with the

system when in its judgment the interest of the system requires

the removal.

Acts 1971, 62nd Leg., p. 3145, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 65.33. EMINENT DOMAIN. (a) The board has the power of

eminent domain to acquire for the use of the university system

any land that may be necessary and proper for carrying out its

purposes in the manner prescribed by Chapter 21, Property Code.

(b) Whenever the board has been made trustees by a will,

instrument in writing, or otherwise of a trust for a scientific,

educational, philanthropic, or charitable purpose, or other trust

for a public purpose, it may act by a quorum of the board or a

majority of all members. Unless otherwise directed by the terms

of the will or instrument, as trustees the board may exercise for

the purpose of the trust the power of eminent domain and may

condemn land and other property as provided by Chapter 21,

Property Code.

(c) The taking of the property is declared to be for the use of

the state. The board is not required to deposit a bond or the

amount equal to the award of damages by the commissioners as

provided by Section 21.021, Property Code.

Acts 1971, 62nd Leg., p. 3145, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1985, 69th Leg., ch. 922, Sec. 1,

eff. Aug. 26, 1985.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

609, Sec. 2, eff. June 15, 2007.

Sec. 65.34. CONTRACTS. A contract must be approved by the board

or otherwise entered into in accordance with rules of the board

relating to contracting authority.

Acts 1971, 62nd Leg., p. 3146, p. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1977, 65th Leg., p. 562, ch. 197,

Sec. 2, eff. May 20, 1977; Acts 1995, 74th Leg., ch. 213, Sec. 2,

eff. May 23, 1995.

Sec. 65.35. EXPENDITURES. All expenditures may be made by the

order of the board and shall be paid on warrants from the

comptroller based on vouchers approved by the chairman of the

board or his delegate, or by the institutional head or his

delegate of the component institution making the expenditures.

Acts 1971, 62nd Leg., p. 3146, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 65.36. DONATIONS FOR PROFESSORSHIPS AND SCHOLARSHIPS. (a)

Donations of property may be made and accepted by the board for

the purpose of establishing or assisting in the establishment of

a professorship or scholarship in the university system or any of

its component institutions, or for creating in the university

system or any of its component institutions any trust for any

lawful, educational, or charitable purpose, either temporarily or

permanently, and the donations or trusts thereby created will be

governed by the rules prescribed by this section.

(b) The legal title to the property shall be vested in the board

acting as an entity, or the State of Texas, to be held in trust

for the purpose under any directions, limitations, and provisions

that may be declared in writing in the donation or trust

agreement, not inconsistent with the objectives and proper

management of the system or its component institutions.

(c) The donor may declare and direct the manner in which the

title to the property shall thereafter be transmitted from the

trustee in continued succession, to be held for and appropriated

to the declared purposes.

(d) The donor may declare and direct the person or class of

persons who shall receive the benefit of the donation and the

manner of their selection.

(e) The declarations, directions, and limitations shall not be

inconsistent with the objects and proper management of the system

or its institutions.

(f) In case of failure to transmit the title to the property or

to bestow its use in the manner declared and directed in the

donation, or in case the uses, or either of them, become

impracticable from the change of circumstances, the title to the

property, unless otherwise expressly directed by the donor, shall

vest in this state to be held in trust to carry into effect the

purposes of the donation as nearly as practicable by such

agencies as may be provided therefor.

(g) The title to the property donated shall be received, and the

trust conferred in the donation shall be assumed, subject to laws

that may be passed and carried into effect from time to time

which may be necessary to prevent the loss of, or damage to, the

property donated, or an abuse or neglect of the trust so as to

defeat, materially change, or prevent the objects of the

donation.

(h) Copies of the donation shall be filed with the board or the

branch to which the donation applies; and the board shall report

the condition and management of the property and the manner in

which the trust is being administered as part of the matters

reported pertaining to the institution.

Acts 1971, 62nd Leg., p. 3146, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1973, 63rd Leg., p. 1577, ch. 568,

Sec. 1, eff. Aug. 27, 1973.

Sec. 65.37. FUNDS RECEIVED FOR TRUST SERVICES. The board may

deposit in an appropriate university account all funds received

as administrative fees or charges for services rendered in the

management and administration of any trust estate under the

control of the university system or any institution of the

system. The funds so received as administrative fees or charges

may be expended by the board for any educational purpose of the

university system.

Acts 1971, 62nd Leg., p. 3147, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 65.38. NONSECTARIAN. No religious qualification shall be

required for admission to any office or privilege in the

university system. No course of instruction of a sectarian

character shall be taught in the system.

Acts 1971, 62nd Leg., p. 3147, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 65.39. MANAGEMENT OF LANDS OTHER THAN PERMANENT UNIVERSITY

FUND LANDS. The board of regents of The University of Texas

System has the sole and exclusive management and control of the

lands set aside and appropriated to, or acquired by, The

University of Texas System. The board may sell, lease, and

otherwise manage, control, and use the lands in any manner and at

prices and under terms and conditions the board deems best for

the interest of The University of Texas System, not in conflict

with the constitution. However, the land shall not be sold at a

price less per acre than that at which the same class of other

public land may be sold under the statutes. No grazing lease

shall be made for a period of more than 10 years.

Acts 1971, 62nd Leg., p. 3147, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 65.40. M.D. ANDERSON SCIENCE PARK. (a) The board is

hereby authorized to establish, maintain, and support an

environmental science park in Bastrop County, Texas, on lands

owned or controlled by it, the administration and business

management of which shall be delegated to The University of Texas

M. D. Anderson Cancer Center.

(b) The board shall have authority to cooperate with agencies,

institutions, instrumentalities, and subdivisions of this state,

other states, and the federal government; and with private

institutes, institutions, foundations, and organizations, in the

furtherance of this section, and the promotion of educational and

environmental science programs.

(c) The board is specifically authorized upon terms and

conditions acceptable to it, to accept and administer, gifts,

grants, or donations, of any kind, from any source, to aid in the

establishment, operation, maintenance, or administration of the

environmental science park.

Added by Acts 1971, 62nd Leg., p. 3336, ch. 1024, art. 2, Sec. 2,

eff. Sept. 1, 1971. Amended by Acts 1989, 71st Leg., ch. 644,

Sec. 4, eff. June 14, 1989.

Sec. 65.41. MEDICAL SCHOOL ADMISSION POLICIES. The Board of

Regents shall promulgate appropriate rules and regulations

pertaining to the admission of students to medical schools which

will provide for admission of those students to its entering

class each year who are equally or as well qualified as all other

students and who have entered a contract with or received a

commitment for a stipend, grant, loan or scholarship from the

State Rural Medical Education Board. The State Rural Medical

Education Board may contract with medical students providing for

such students to engage in a general or family practice of

medicine for not less than four years after licensing and a

period of medical residency, as determined by the rules and

regulations established by the State Rural Medical Education

Board, in cities of Texas which have a population of less than

5,000 or in rural areas, as that term may be defined by the State

Rural Medical Education Board, and said Board is hereby given the

authority to define and from time to time redefine the term rural

area, at the time the medical practice is commenced. This

contract shall provide for a monthly stipend of at least $100 to

be granted by the State Rural Medical Education Board to each

person under contract with the state while enrolled as a medical

school student.

Added by Acts 1975, 64th Leg., p. 2408, ch. 740, Sec. 3, eff.

Sept. 1, 1975.

Sec. 65.42. DELINQUENT ACCOUNTS; VENUE. A suit by The

University of Texas System on its own behalf or on behalf of a

component institution of The University of Texas System to

recover a delinquent loan, account, or debt owed to The

University of Texas System or a component institution of The

University of Texas System may be brought in Travis County.

Added by Acts 1987, 70th Leg., ch. 403, Sec. 3, eff. Sept. 1,

1987.

Sec. 65.43. SALE OF OBSOLETE MEDICAL EQUIPMENT. The board shall

have the authority to sell and transfer, after due notification

by journal or mail, on fair and reasonable terms, to any hospital

within the State of Texas operated by the state, a city, a

county, a hospital district, a nonprofit corporation, or a

tax-exempt charitable organization any medical equipment that has

been in use at an institution or facility governed by the board

and is obsolete with regard to the instructional objectives of

The University of Texas System.

Added by Acts 1981, 67th Leg., p. 2068, ch. 459, Sec. 1, eff.

June 11, 1981.

Sec. 65.45. SCIENCE AND TECHNOLOGY DEVELOPMENT, MANAGEMENT, AND

TRANSFER. (a) The legislature finds that it is essential to the

economic growth of the state that the potential for the

development and growth of high technology industry be promoted

and expanded. As a means of accomplishing this purpose, the board

may enter into agreements with individuals, corporations,

partnerships, associations, and local, state, or federal agencies

for funding the discovery, development, and commercialization of

new products, technology, and scientific information, including

an agreement to manage a national laboratory engaged in any of

those endeavors. At the discretion of the board, research

facilities, funding, and personnel at the various component

institutions of The University of Texas System may be utilized to

achieve the purposes of this section.

(b) As a means of carrying out the purposes of this section, the

board may, through one or more corporations incorporated by the

board or under any other cooperative arrangement:

(1) own and license rights to products, technology, and

scientific information;

(2) own shares in corporations engaged in the discovery,

development, manufacture, management, or marketing of products,

technology, or scientific information in this state or outside

this state;

(3) participate, either directly or through a subsidiary

corporation or other legal entity formed for that purpose, in the

discovery, development, manufacture, management, or marketing of

products, technology, or scientific information on behalf of the

United States or a state or local governmental entity; and

(4) carry on and support such other activities as the board may

deem appropriate for achieving the purposes of this section.

(c) The board may cooperate in any manner the board considers

appropriate with similar programs operated by other

state-supported institutions of higher education in this state or

in other states.

(d) To the extent provided for in an agreement authorized by

this section, a person employed by the entity with whom the

system enters such an agreement, or the person's spouse or child,

may pay the tuition and fees charged to residents of this state

when enrolled in a system institution.

Added by Acts 1985, 69th Leg., ch. 818, Sec. 1, eff. Aug. 26,

1985. Amended by Acts 2003, 78th Leg., ch. 1266, Sec. 4.04, eff.

June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

888, Sec. 10, eff. September 1, 2005.

Sec. 65.46. POWERS RELATED TO ISSUANCE OF BONDS AND NOTES. (a)

In this section:

(1) "Bond" or "note" means a bond or note that the board is

authorized to issue according to law, including Article VII,

Section 18, of the Texas Constitution, Chapter 55 or 66 of this

code, or other applicable law.

(2) "Credit agreement" means a loan agreement, revolving credit

agreement, agreement establishing a line of credit, letter of

credit, reimbursement agreement, insurance contract, commitment

to purchase bonds or notes, purchase or sale agreement, or

another commitment, contract, or agreement authorized and

approved by the board in connection with the authorization,

issuance, security, exchange, payment, purchase, or redemption of

bonds or notes or interest on bonds or notes.

(b) To enhance the security for, or provide for the purchase,

payment, redemption, or remarketing of, bonds or notes and the

interest on bonds or notes, or to reduce the cost of interest

payable on bonds or notes, the board may enter into credit

agreements in relation to bonds or notes, and may secure its

obligations under the credit agreements by pledging, encumbering,

or granting liens on or security interests in revenues, funds, or

other property or security that may be pledged or encumbered or

made subject to a lien or security interest to secure the bonds

or notes that are secured by the credit agreement. The cost to

the board of the credit agreement and the obligations of the

board under the credit agreement may be paid from proceeds of the

sale of bonds or notes to which the credit agreement relates or

from any other source that is available for the purpose of paying

the bonds or notes and the interest on the bonds or notes or that

may otherwise be legally available to make those payments. The

credit agreement shall be submitted, together with the bonds or

notes, to the attorney general for review. If the attorney

general finds that the credit agreement conforms to applicable

law, the attorney general shall approve the credit agreement with

the bonds or notes. On approval and delivery, the credit

agreement is incontestable for any cause.

(c) The board may authorize bonds or notes to bear interest at a

rate or rates (either fixed, variable, floating, adjustable, or

otherwise, all as determined in accordance with the resolution

authorizing the issuance of the bonds or notes, which may provide

a formula, index, or contractual arrangement for the periodic

determination of interest rates without the requirement of

specific approval, by the board, of each determination) not to

exceed the maximum net effective interest rate allowed by law.

The resolution under which the bonds or notes are issued may

delegate to one or more designated officers, employees, or agents

of the board the authority to act on behalf of the board, while

the bonds or notes remain outstanding, in fixing dates, prices,

interest rates, interest payment periods, and other procedures

specified in the resolution so that, among other things, the

interest on the bonds or notes may be adjusted from time to time

by the officer, employee, or agent to permit the bonds or notes

to be sold or resold at par in conjunction with secondary market

transactions.

(d) The board may enter into financing programs under which the

board may issue notes for any lawful purpose for which bonds or

notes may be issued and may make provision for the notes

initially issued under the programs to be refinanced, renewed, or

refunded throughout the period of the programs by the issuance,

sale, and delivery of additional notes. The notes may be secured

in any manner provided by law for securing notes or bonds, and

also may be secured by the proceeds of the sale of notes, the

proceeds of the sale of bonds, or credit agreements, all as the

board provides in the resolution authorizing the financing

program and the issuance of notes under the program. The board

may:

(1) provide in the resolution authorizing the financing program

for the maximum principal amount of notes to be outstanding at

any time under the financing program;

(2) provide for the authorization of one or more officers or

employees of the board to act on behalf of the board in selling

and delivering notes and fixing their dates, prices, interest

rates, terms of payment, and other procedures relating to the

notes as specified in the resolution;

(3) contract for the future sale of notes under which designated

purchasers are committed to purchase notes from time to time on

the terms and conditions stated in the contract, including a

credit agreement executed in connection with the notes;

(4) provide for the payment of consideration that the board

considers proper for the purchase commitments, and provide for

the payment of the consideration out of proceeds from the sale of

notes or from any other source that is available for the purpose

of paying the notes or that may otherwise be legally available to

make the payments; and

(5) exercise any other rights and powers that are granted to

issuers of obligations under Chapter 1371, Government Code, which

also governs the approval by the attorney general of the notes,

related credit agreements, and other contracts or instruments and

the registration of the notes by the comptroller.

(e) This section shall be construed liberally to effect the

legislative intent and purposes of this section, and all powers

granted by this section shall be broadly interpreted to effect

that intent and those purposes and not as a limitation of powers.

Added by Acts 1985, 69th Leg., ch. 919, Sec. 1, eff. June 15,

1985. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.223, eff.

Sept. 1, 2001.

Sec. 65.461. BOND ENHANCEMENT AGREEMENTS. (a) In this section:

(1) "Bond" or "note" means a bond or note that the board is

authorized to issue according to law, including Section 18,

Article VII, Texas Constitution, Chapter 55 or 66 of this code,

or other applicable law.

(2) "Bond enhancement agreement" means an interest rate swap

agreement, a currency swap agreement, a forward payment

conversion agreement, an agreement providing for payments based

on levels of or changes in interest rates or currency exchange

rates, an agreement to exchange cash flows or a series of

payments, or other agreement, including an option, put, or call,

to hedge or modify payment, currency, rate, spread, or other

exposure.

(b) The board may at any time and from time to time enter into

one or more bond enhancement agreements that the board determines

to be necessary or appropriate to place the obligation of the

board, as represented by the bonds or notes issued or to be

issued, in whole or in part, on the interest rate, currency, cash

flow, or other basis desired by the board. A bond enhancement

agreement is an agreement for professional services and shall

contain the terms and conditions and be for the period that the

board authorizes. The fees and expenses of the board in

connection with a bond enhancement agreement, including any

payments due from the board under a bond enhancement agreement,

may be paid from and secured by a lien on and pledge of all or

any part of any of the revenue funds of the board and its

institutions, proceeds of the sale of bonds or notes to which the

bond enhancement agreement relates, or from any other source that

is legally available for the purpose of paying the bonds or notes

and the interest on the bonds or notes or that may otherwise be

legally available to make those payments. Payments due from the

board under a bond enhancement agreement relating to bonds or

notes issued pursuant to Section 18, Article VII, Texas

Constitution, are deemed to be for the support and maintenance of

The University of Texas System administration and may be paid

from the available university fund.

(c) The resolution of the board authorizing a bond enhancement

agreement may authorize one or more designated officers or

employees of the board to act on behalf of the board in entering

into and delivering the bond enhancement agreement and in

determining or setting the counterparty and terms of the bond

enhancement agreement specified in the resolution.

(d) The resolution of the board authorizing a financing program

pursuant to Section 65.46 may include authorization of one or

more bond enhancement agreements.

(e) Unless the board or its designee elects otherwise in its

authorization or approval of a bond enhancement agreement, the

bond enhancement agreement is not a credit agreement for purposes

of Chapter 1371, Government Code, or Section 65.46 of this

chapter, or any successor to such laws, regardless of whether the

bonds or notes relating to the bond enhancement agreement were

issued in part under either such law.

(f) This section shall be construed liberally to effect the

legislative intent and purposes of this section, and all powers

granted by this section shall be broadly interpreted to effect

that intent and those purposes and not as a limitation of powers.

Added by Acts 2007, 80th Leg., R.S., Ch.

1310, Sec. 8, eff. June 15, 2007.