CHAPTER 78. THE UNIVERSITY OF TEXAS AT BROWNSVILLE
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.
(c) The university may enter into a partnership agreement with
the Southmost Union Junior College District in the manner
authorized by Subchapter N, Chapter 51, to offer a
lower-division, occupational, or technical course that is not
offered at the university.
(d) The university shall, subject to the authority of the Texas
Higher Education Coordinating Board, offer basic lower-division
courses to support bachelor of arts and bachelor of science
degree programs. If the Southmost Union Junior College District
provides regular operational support for Texas Southmost College
and the partnership with the university authorized by Subsection
(c), the university may offer additional lower-division courses.
Added by Acts 1989, 71st Leg., ch. 181, Sec. 6, eff. Sept. 1,
1989. Redesignated from Education Code, Sec. 77.31 and amended by
Acts 1991, 72nd Leg., ch. 305, Sec. 1, eff. Sept. 1, 1991.
Amended by Acts 1997, 75th Leg., ch. 920, Sec. 1, eff. June 18,
1997.
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.
(c) The board shall award degrees in the name of The University
of Texas at Brownsville.
Added by Acts 1989, 71st Leg., ch. 181, Sec. 6, eff. Sept. 1,
1989. Redesignated from Education Code Sec. 77.32 and amended by
Acts 1991, 72nd Leg., ch. 305, Sec. 1, eff. Sept. 1, 1991.
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.
(c) The center may offer seminars and conduct conferences and
other educational programs concerning the Texas-Mexico border
economy and economic and enterprise development within the state.
(d) The board may solicit and accept gifts, grants, and
donations to aid in the establishment, maintenance, and operation
of the center.
(e) The center established under this section shall cooperate
fully with similar programs operated by Texas A&M
International University, The University of Texas--Pan American,
The University of Texas at El Paso, and other institutions of
higher education.
Added by Acts 2001, 77th Leg., ch. 632, Sec. 1, eff. June 13,
2001.
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;
(C) includes the study of English, foreign languages, social
studies, mathematics, science, and technology; and
(D) offers students learning opportunities related to
mathematics and science through in-depth research and field-based
studies;
(2) to provide students with an awareness of mathematics and
science careers and professional development opportunities
through seminars, workshops, collaboration with postsecondary and
university students including opportunities for summer studies,
internships in foreign countries, and similar methods; and
(3) to provide students with social development activities that
enrich the academic curriculum and student life, including, as
determined appropriate by the academy, University Interscholastic
League activities and other extracurricular activities.
(c) The academy is a coeducational institution for selected
Texas high school students with an interest in and the potential
to excel in mathematics and science studies. The academy shall
admit only high school juniors and seniors, except that the
academy may admit a student with exceptional abilities who is not
yet a high school junior. The board shall set aside adequate
space on the university campus in Brownsville to operate the
academy and implement the purposes of this section. The academy
must operate on the same fall and spring semester basis as the
university. Full-time students of the academy must enroll for
both the fall and spring semesters. Faculty members of the
university shall teach all academic classes at the academy. A
student of the academy may attend a college course offered by the
university and receive college credit for that course.
(d) Except as otherwise provided by this subsection, the
university administration has the same powers and duties with
respect to the academy that the administration has with respect
to the university. The board shall consult with the vice
president for academic affairs and the dean of the School of
Education and other members of the administration as the board
considers necessary concerning the academy's administrative
design and support, personnel and student issues, and faculty
development. The board shall consult with the dean of the
College of Science, Mathematics and Technology and other members
of the administration as the board considers necessary concerning
the academy's curriculum development, program design, and general
faculty issues. The board, in consultation with university
administration, shall:
(1) establish an internal management system for the academy and
appoint an academy principal who serves at the will of the board
and reports to the vice president for academic affairs;
(2) provide for one or more academy counselors;
(3) establish for the academy a site-based decision-making
process similar to the process required by Subchapter F, Chapter
11, that provides for the participation of academy faculty,
parents of academy students, and other members of the community;
and
(4) establish an admissions process for the academy.
(e) The student-teacher ratio in all regular academic classes at
the academy may not exceed 30 students for each classroom
teacher, except that the student-teacher ratio may exceed that
limit:
(1) in a program provided for the purposes prescribed by
Subsection (b)(2) or another special enrichment course or in a
physical education course;
(2) if the board determines that a class with a higher
student-teacher ratio would contribute to the educational
development of the students in the class; or
(3) if an academy class is combined with a university class with
more than 30 students.
(f) The academy shall provide the university-level curriculum in
a manner that is appropriate for the social, psychological,
emotional, and physical development of high school juniors and
seniors. The administrative and counseling personnel of the
academy shall provide continuous support to and supervision of
students.
(g) For each student enrolled in the academy, the academy is
entitled to allotments from the foundation school fund under
Chapter 42 as if the academy were a school district without a
tier one local share for purposes of Section 42.253. If in any
academic year the amount of the allotments under this subsection
exceeds the amount of state funds paid to the academy in the
first fiscal year of the academy's operation, the commissioner of
education shall set aside from the total amount of funds to which
school districts are entitled under Section 42.253(c) an amount
equal to the excess amount and shall distribute that amount to
the academy. After deducting the amount set aside and paid to
the academy by the commissioner of education under this
subsection, the commissioner of education shall reduce the amount
to which each district is entitled under Section 42.253(c) in the
manner described by Section 42.253(h). A determination of the
commissioner of education under this subsection is final and may
not be appealed.
(h) The board may use any available money, enter into contracts,
and accept grants, including matching grants, federal grants, and
grants from a corporation or other private contributor, in
establishing and operating the academy. Money spent by the
academy must further the purposes of the academy under Subsection
(b).
(i) The liability of the state under Chapters 101 and 104, Civil
Practice and Remedies Code, is limited for the academy and
employees assigned to the academy and acting on behalf of the
academy to the same extent that the liability of a school
district and an employee of the school district is limited under
Sections 22.0511, 22.0512, and 22.052 of this code and Section
101.051, Civil Practice and Remedies Code. An employee assigned
to the academy is entitled to representation by the attorney
general in a civil suit based on an action or omission of the
employee in the course of the employee's employment, to limits on
liability, and to indemnity under Chapters 104 and 108, Civil
Practice and Remedies Code.
(j) Except as otherwise provided by this section, the academy is
not subject to the provisions of this code, or to the rules of
the Texas Education Agency, regulating public schools.
Added by Acts 2005, 79th Leg., Ch.
887, Sec. 1, eff. June 17, 2005.