BILL ANALYSIS



H.B. 2862
By: Raymond
04-12-95
Committee Report (Unamended)


BACKGROUND

Current law, Education Code, Chapter 67 authorizes payment for
research services for the now-Texas Department of Transportation
conducted by the staff of the "University of Texas, Main
University, Austin."  The Legislature also provided that services
and payment would be based upon an agreement with the provisions of
Texas Highway Minute Order Number 52742, dated May 24, 1963.  

These provisions place limitations on the Texas Department of
Transportation's authority to enter into research agreements with
other universities because the existing provision refers only to
the University of Texas at Austin.  The most generous
interpretation has provided that the department may enter into
research agreements with the University of Texas System.

Recently, the department has acted under Sections 67.24 and 85.29,
Education Code, to authorize the University of Texas at Austin and
Texas A&M University to conduct highway related research. 
Similarly, the Interagency Cooperation Act, Government Code,
Chapter 771, has been used to govern contracts with other state
agencies. 

PURPOSE

HB 2862 authorizes any public senior college or university to
conduct transportation related research for the Texas Department of
Transportation.  This legislation also expands existing law
authorizing only "highway related" research for the department to
provide for "transportation related" research.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1: Amends Section 67.25, Education Code, as follows:
(a)Changes language from State Department of Highways and Public
Transportation to Texas Department of Transportation. This
subsection also (b)defines transportation facilities under this act
and (c)authorizes the University of Texas at Austin to conduct
transportation related research for the Texas Department of
Transportation.  Finally, this section (d)exempts a contract under
this section from the Interagency Cooperation Act.

SECTION 2: Amends Section 85.29, Education Code, to (a)replace
State Department of Highways and Public Transportation with Texas
Department of Transportation. This subsection also authorizes the
Texas A&M System to conduct transportation related research for the
department. Subsection (b) defines transportation facilities under
this act and (c)specifies that TxDOT may contract with the UT-system for research conducted by any part of that system. Finally,
this section (d)exempts a contract under this section from the
Interagency Cooperation Act.

SECTION 3: Amends Subtitle H, Title 3, Education Code, by adding
Chapter 150: 
Section 150.001 is added to define (1)Department (TxDOT), (2)Public
senior college or university, and (3)transportation facilities.
Section 150.003 is added to indicate that the comptroller may
authorize payment of contracts to
any public senior college or university to conduct transportation
related research for TxDOT.
Section 150.005 is added to indicate that the treasury must pay all
warrants to the college or university conducting the research.  
Section 150.007 is added which states that TxDOT may contract with
any college or university for research.
Section 150.009 is added to exempt a contract under this chapter
from the Interagency Cooperation Act.

SECTION 4: Emergency clause and Effective Date of September 1,
1995.                            

SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on March 30, 1995 at 6:02 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, April 5, 1995 at 2:00 p.m. or upon adjournment, in room
E1.014 of the Capitol Extension and was called to order at 6:30
p.m. by the Chair, Representative Clyde Alexander after the House
recessed.  The Chair laid out H.B. 2862 by Representative Raymond
and recognized Representative Uher to explain H.B. 2862.  There
were no witnesses testifying in support of, or in opposition to
H.B. 2862.  The Chair left H.B. 2862 pending before the Committee. 
The Chair laid out H.B. 2862.  The Chair recognized the following
person who testified but was neutral on H.B. 2862.  Bobbie
Templeton, Texas Department of Transportation.  The Chair left H.B.
2862 pending before the Committee.  Pursuant to a public  notice
posted on April 7, 1995 at 5:04 p.m., the House Committee on
Transportation met in a public hearing on Wednesday, April 12,
1995, at 2:00 p.m., or upon adjournment, in Room E1.014 of the
Capitol Extension and was called to order at 3:58 p.m. by the
Chair, Representative Clyde Alexander.  The Chair laid out H.B.
2862 by Raymond, which was pending before the Committee. 
Representative Alonzo moved that the Committee report H.B. 2862,
without amendments, to the full House with the recommendation that
it do pass.  The motion prevailed by the following vote: Ayes (6),
Nayes (0), Absent (3), Present not voting (0).