By Duncan H.B. No. 2448
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eliminating, consolidating, or revising certain reports
1-3 relating to institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. PURPOSE. One of the primary goals of Texas state
1-6 government is to ensure that the tax dollars of Texas citizens are
1-7 used in the most effective manner. One of the methods used by
1-8 state government to ensure that this occurs is to collect
1-9 information for the various agencies and organizations which
1-10 receive state funding. This process provides valuable information.
1-11 However, it can also add substantial cost to the operation of state
1-12 government. To ensure that these reporting requirements do not
1-13 unnecessarily add to the cost of state government, this bill
1-14 proposes that the following criteria be applied to all existing and
1-15 proposed reports required by any state agency of another state
1-16 agency or institution of higher education.
1-17 (a) A specific rational will be provided for each existing
1-18 proposed report, specifying how the information collected will be
1-19 used in the process of decision-making and/or evaluation.
1-20 (b) The agency must verify that data which could be used for
1-21 this purpose is not already available from some other source or may
1-22 be found in a different format.
1-23 (c) Provide an estimate or fiscal note regarding the cost to
2-1 the agency providing this information. This estimate must be
2-2 verified by the agencies involved.
2-3 (d) The data collection instrument used by the collecting
2-4 agency must be in a format which is compatible with that used by
2-5 the majority of the agencies involved. If no clear format exists
2-6 the collecting agency must work with the providing agencies to
2-7 develop the least costly method of data collection.
2-8 (e) Require that all agencies complete a review of all
2-9 reports required of other state agencies or institutions of higher
2-10 education on a five-year basis. This review would include specific
2-11 examples of how the information in the report has been used, cost
2-12 savings or increased operating efficiencies which are a result of
2-13 the data collected and the cost to providing agencies. This review
2-14 would be provided to the respective oversight committees in the
2-15 Texas Legislature and the State Auditor to continue to review
2-16 statewide reporting requirements and eliminate burdensome or
2-17 unnecessary reporting.
2-18 SECTION 2. Article 601(b), Sec. 6.111, Vernon's Civil
2-19 Statues, is amended to read as follows:
2-20 Sec. 6.111. The commission may delegate to an institution of
2-21 higher education the authority to enter into space lease contracts
2-22 financed from sources other than funds appropriated from general
2-23 revenue, provided that an institution of higher education may not
2-24 enter a lease contract under this section unless it complies with
2-25 the provisions of Article 9102, Revised Statutes concerning
3-1 architectural barriers. Any reports on delegated space lease
3-2 contracts of an institution of higher education shall be required
3-3 on an annual basis.
3-4 SECTION 3. Article 601b, Sec. 14.03(a), Vernon's Civil
3-5 Statutes, is amended to read as follows:
3-6 Sec. 14.03. (a) The office of vehicle fleet maintenance
3-7 shall establish a vehicle-reporting system to assist each state
3-8 agency in the management of its vehicle fleet. State agencies
3-9 shall be required to submit such reports no more than
3-10 semi-annually. The office shall develop computerized data
3-11 retrieval systems to implement the reporting system and shall
3-12 maintain a complete inventory of agency vehicles by class of
3-13 vehicles. The office shall determine the average cost of operation
3-14 of the various classes of vehicles.
3-15 SECTION 4. Section 51.0051, Education Code, is amended to
3-16 read as follows:
3-17 Sec. 51.0051. Annual Operating Budgets. The governing board
3-18 of each institution shall approve on or before September 1 of each
3-19 year an itemized budget covering the operation of the institution
3-20 for the fiscal year beginning on September 1 of each year. The
3-21 budget shall be prepared within the limits of legislatively
3-22 appropriated general revenue and estimated educational and general
3-23 funds. The budget shall also include estimated institutional
3-24 funds. Copies of each budget shall be furnished to the Texas
3-25 Higher Education Coordinating Board for distribution to the
4-1 Governor's Budget and Planning Office, Legislative Budget Board,
4-2 <state auditor,> and Legislative Reference Library. Additional
4-3 copies shall be delivered to the Texas Higher Education
4-4 Coordinating Board as required. The governing board of the
4-5 institution shall retain five copies of the budget for distribution
4-6 to legislators or other state officials on request.
4-7 SECTION 5. Section 51.912(c), Education Code, is amended to
4-8 read as follows:
4-9 (c) The <On November 1 of each year, the> governing board of
4-10 each system and institution shall include in the appropriate annual
4-11 report required by Section 51.005 <report to the governor and
4-12 legislature> the information that is provided to it under
4-13 Subsection (b) of this section during the preceding fiscal year.
4-14 SECTION 6. Section 54.506, Education Code, is amended to
4-15 read as follows:
4-16 Sec. 54.506. FEES AND CHARGES FOR SERVICES TO THE PUBLIC;
4-17 <REPORTS,> THE UNIVERSITY OF HOUSTON SYSTEM. <(a)> A schedule of
4-18 minimum fees and charges shall be established by the board of
4-19 regents of the University of Houston System for services performed
4-20 by any department of a component institution for students and the
4-21 public. The schedule shall conform to the fees and charges
4-22 customarily made for like services in the community. By way of
4-23 example, but not as a limitation, are services of the hearing
4-24 clinic, optometry clinic, reading clinic, and data processing and
4-25 computing center.
5-1 <(b) All fees and compensation derived from performing
5-2 services shall be reported to the governor and to the Coordinating
5-3 Board, Texas College and University System, annually, to the
5-4 legislature at the beginning of each regular session, and to the
5-5 board as required by it. A brief statement of the firm, society,
5-6 organization, or association using the facilities and the use made
5-7 shall be included in each report.>
5-8 SECTION 7. Section 61.073, Education Code, is amended to
5-9 read as follows:
5-10 Sec. 61.073. Allocation of Funds for Tuition and Fee
5-11 Exemptions. <(a)> Funds shall be appropriated to the Texas Higher
5-12 Education Coordinating Board<, Texas College and University
5-13 System,> for allocation to each junior and community college in an
5-14 amount equal to the total of all tuition and laboratory fees
5-15 foregone each semester as a result of the tuition and laboratory
5-16 fee exemptions required by law in Sections 54.201 through 54.209,
5-17 Texas Education Code.
5-18 <(b) The governing board of each junior or community college
5-19 shall report to the coordinating board the number of students
5-20 enrolled on the 12th class day of each semester who were exempt
5-21 from the payment of tuition and laboratory fees which would have
5-22 been collected from the students if they had not been exempt from
5-23 the payment thereof. The coordinating board shall remit to each
5-24 junior and community college an amount equal to the tuition and
5-25 laboratory fees foregone from the funds appropriated for that
6-1 purpose.>
6-2 SECTION 8. Subsections (a) and (b), Section 66.05, Education
6-3 Code, are amended to read as follows:
6-4 (a) Before December 1 of each year the board of regents of
6-5 The University of Texas System shall prepare a written report
6-6 providing statements of assets and a schedule of changes in book
6-7 value of the investments <disclosing all details concerning the
6-8 investments made and income realized> from the permanent university
6-9 fund during the year ending August 31 preceding the publication of
6-10 the report.
6-11 (b) The report shall contain a summary of all gains, losses
6-12 and income from investments and an itemized list of all securities
6-13 held for the fund on August 31<, a summary of investment changes
6-14 during the preceding year, and a summary of all income realized
6-15 from the various components of the fund>. The report shall also
6-16 contain any other information needed to clearly indicate the nature
6-17 and extent of investments made of the fund and all income realized
6-18 from the components of the fund.
6-19 SECTION 9. Section 66.06 (b), Education Code, is amended to
6-20 read as follows:
6-21 (b) The board of regents shall <employ a well-recognized
6-22 performance measurement service to> evaluate and analyze the
6-23 investment results of the permanent university fund. The service
6-24 shall compare investment results with the written investment
6-25 objectives developed by the board of regents, and shall also
7-1 compare the investment of the permanent university fund with the
7-2 investment of other <public and private> funds operating with
7-3 substantially the same objectives and restrictions.
7-4 SECTION 10. Section 51.572, Education Code, is amended to
7-5 read as follows:
7-6 Sec. 51.572. Disclosure of Gifts Required. <(a)> The
7-7 governing board of any subject institution that receives a
7-8 conditional gift from a foreign person or an agent or
7-9 representative of a foreign person shall file with the secretary of
7-10 state a disclosure statement in accordance with federal law.
7-11 <(b) Subsection (a) of this section applies only to a
7-12 conditional gift that:>
7-13 <(1) has a value of more than $50,000;>
7-14 <(2) is one of multiple conditional gifts from the
7-15 same foreign person in a single fiscal year with an aggregate value
7-16 exceeding $50,000; or>
7-17 <(3) is one of multiple conditional gifts from two or
7-18 more foreign persons in a single fiscal year which have an
7-19 aggregate value exceeding $50,000 and which impose, request, or
7-20 provide similar conditions.>
7-21 <(c) The governing board shall file a disclosure statement
7-22 required by this section not later than the 30th day after the last
7-23 day of the institution's fiscal year in which the conditional gift
7-24 was received.>
7-25 SECTION 11. Section 51.573, Education Code, is amended to
8-1 read as follows:
8-2 Sec. 51.573. Form of Statement. <(a)> The secretary of
8-3 state shall prescribe the form and contents of a disclosure
8-4 statement in accordance with federal law <required by this
8-5 subchapter>.
8-6 <(b) The disclosure statement must include:>
8-7 <(1) the monetary value or amount of the conditional
8-8 gift;>
8-9 <(2) the date the conditional gift was received by the
8-10 institution;>
8-11 <(3) the name of the donor;>
8-12 <(4) if the donor is an entity described in Paragraph
8-13 (C) or (D) of Subdivision (2) of Section 51.571 of this subchapter
8-14 or a committee or other group described in Paragraph (E) of
8-15 Subdivision (2) of Section 51.571 of this subchapter, the name and
8-16 principal location or residence of each record and beneficial owner
8-17 of any equity interest therein, each member thereof, and each
8-18 person providing funding thereto;>
8-19 <(5) if the donor is an individual, the name of the
8-20 country in which the donor resides;>
8-21 <(6) a detailed description of any conditions of the
8-22 conditional gift and a copy of any written agreement or statement
8-23 containing such conditions; and>
8-24 <(7) a statement of whether and how the institution
8-25 intends to comply with the conditions of the conditional gift.>
9-1 SECTION 12. Sec. 31.157(b), Natural Resources Code, is
9-2 amended to read as follows:
9-3 (b) The State Department of Highways and Public
9-4 Transportation, or the Texas National Research Laboratory
9-5 commission, on the request of the division, shall submit its real
9-6 property inventory records to the division. The real property
9-7 inventory records of an institution of higher education, the
9-8 Employees Retirement System of Texas, and the Teacher Retirement
9-9 System of Texas, on the request of the division, but not more than
9-10 semi-annually, shall be submitted to the division for information
9-11 purposes only.
9-12 SECTION 13. The following provisions of the Education Code
9-13 are repealed:
9-14 (1) Section 61.0571;
9-15 (2) Section 51.507;
9-16 (3) Section 61.080;
9-17 (4) Section 61.083 (b-d), Acts of 1993, 73rd
9-18 Legislature, Chapter 363, Section 1;
9-19 (5) Section 101.21; and
9-20 (6) Section 111.32.
9-21 SECTION 14. The importance of this legislation and the
9-22 crowded condition of the calendars in both houses create an
9-23 emergency and an imperative public necessity that the
9-24 constitutional rule requiring bills to be read on three several
9-25 days in each house be suspended, and this rule is hereby suspended,
10-1 and that this Act take effect and be in force from and after its
10-2 passage, and it is so enacted.