SENATE AUTHOR: Shapiro et al. |
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EFFECTIVE: See below |
HOUSE SPONSOR: Morrison |
Senate Bill 1652 amends various statutes relating to institutions of higher education, including their administration, operation, governance, and financing.
The bill creates an interim committee to study higher education organization, operations, and funding, sets forth specific issues to be addressed by the committee's investigation and recommendations, and requires the committee to submit a report on its findings and recommendations to the governor and legislature not later than November 1, 2004. The bill clarifies a tax exemption of property owned by higher education institutions that is used for both public and nonpublic purposes. It also exempts major consulting services contracts for higher education institutions other than public junior colleges from provisions requiring a university to obtain a finding of fact from the governor's budget and planning office justifying the consulting services.
The bill sets forth the limited authority of municipally created higher education authorities and nonprofit instrumentalities to acquire, own, lease, and operate educational or housing facilities and to issue and execute revenue bonds or other obligations to finance their own or another entity's activities regarding such facilities.
The bill extends a college tuition and fee exemption for students in foster or other residential care to adopted students who formerly were in such care, and it allows a public college or university to charge an additional transaction fee to process any tuition, fee, or other charge paid by means of an electronic funds transfer or credit card and to include a discount, convenience, or service charge or a service charge for a transaction dishonored or refused for insufficient funds.
The bill allows a public college or university to enter into contracts for legal services to protect intellectual property rights arising from a center for technology development and transfer and
allows The University of Texas System board of regents to enter into an agreement to manage a national laboratory engaged in science and technology development, management, and transfer.
The bill allows higher education institutions to hire retired school teachers and faculty members after 30 days rather than one year of their retirement, allows them to use money appropriated for an across-the-board employee pay raise to give merit raises instead, and, effective January 1, 2004, allows institutions other than public junior colleges to establish deferred compensation plans for their employees. The bill increases from three to 10 years the service requirement for a person, other than a current employee or retiree, to become eligible as a retiree for coverage under the State University Employees Uniform Insurance Benefits Act, and, effective September 1, 2003, it extends coverage under that act to a postdoctoral fellow with an institution of either The University of Texas System or The Texas A&M University System. The bill also extends workers' compensation insurance coverage to out-of-state employees of those two systems.
The bill creates the Information Technology Council for Higher Education, and it requires the Department of Information Resources to consult with the council and prepare an impact analysis before adopting a rule that would apply to colleges and universities. The bill sunsets each rule currently applicable to colleges and universities on September 1, 2004, unless it is readopted by the department in a form expressly applicable to those institutions.
The bill allows the Board for Lease of University Lands to hold an open or closed meeting by telephone conference call if physically convening a quorum is difficult or impossible.
The bill protects from public disclosure the name or other identifying information relating to a private donor to a higher education institution.
The bill allows The Texas A&M University System board of regents to lease mineral interests under its control and requires the board to offer such leases at public auction, by sealed bid, by negotiated agreement, or through any other means the board considers in the system's best interest. Effective September 1, 2003, the bill establishes venue for a suit filed against the board or a board member in the member's official capacity in Brazos County; venue for a suit filed against the system, any component institution, or any system officer or employee is in the county in which the primary office of the chief executive officer of the system or component, as applicable, is located.
The bill exempts higher education institutions from reporting requirements relating to nonresident bidders awarded contracts, spending on recycled, remanufactured, or environmentally sensitive commodities or services, and the compilation of construction and maintenance information.
The bill allows The Texas A&M University System board of regents to charge students at Prairie View A&M University an intercollegiate athletics fee of up to $10 per semester credit hour, with the initial fee and any fee increase subject to student body approval.
The bill limits general revenue funding to the University of North Texas at Dallas to the amount of its 2003 expenditures, with some exceptions, until its enrollment reaches 2,500 full-time equivalent students, at which time it also becomes eligible to receive the small school supplement in the General Academic Instruction and Operations Formula.
The bill also includes provisions relating to eminent domain, physician's liens, delinquent student loans, comptroller's payroll requirements, historically underutilized businesses, and posting of intellectual property policies.
Except as otherwise provided, Senate Bill 1652 takes effect June 21, 2003.