1-1 By: Duncan (Senate Sponsor - Cain) H.B. No. 2448
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 16, 1995, read first time and referred to Committee on Finance;
1-4 May 23, 1995, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; May 23, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to information from and policies of certain state agencies
1-9 and the analysis of some of the information and policies.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. PURPOSE. One of the primary goals of Texas state
1-12 government is to ensure that the tax dollars of Texas citizens are
1-13 used in the most effective manner. One of the methods used by
1-14 state government to ensure that this occurs is to collect
1-15 information for the various agencies and organizations which
1-16 receive state funding. This process provides valuable information.
1-17 However, it can also add substantial cost to the operation of state
1-18 government. To ensure that these reporting requirements do not
1-19 unnecessarily add to the cost of state government, this bill
1-20 proposes that the following criteria be applied to all existing and
1-21 proposed reports required by any state agency of another state
1-22 agency or institution of higher education.
1-23 (a) A specific rationale will be provided for each existing
1-24 proposed report, specifying how the information collected will be
1-25 used in the process of decision making and/or evaluation.
1-26 (b) The agency must verify that data which could be used for
1-27 this purpose is not already available from some other source or may
1-28 be found in a different format.
1-29 (c) An estimate or fiscal note will be provided regarding
1-30 the cost to the agency providing this information. This estimate
1-31 must be verified by the agencies involved.
1-32 (d) The data collection instrument used by the collecting
1-33 agency must be in a format which is compatible with that used by
1-34 the majority of the agencies involved. If no clear format exists,
1-35 the collecting agency must work with the providing agencies to
1-36 develop the least costly method of data collection.
1-37 (e) All agencies shall be required to complete a review of
1-38 all reports required of other state agencies or institutions of
1-39 higher education on a five-year basis. This review would include
1-40 specific examples of how the information in the report has been
1-41 used, cost savings or increased operating efficiencies which are a
1-42 result of the data collected, and the cost to providing agencies.
1-43 This review would be provided to the respective oversight
1-44 committees in the Texas Legislature and the state auditor to
1-45 continue to review statewide reporting requirements and eliminate
1-46 burdensome or unnecessary reporting.
1-47 SECTION 2. Section 6.111, State Purchasing and General
1-48 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
1-49 amended to read as follows:
1-50 Sec. 6.111. DELEGATION OF AUTHORITY TO INSTITUTIONS OF
1-51 HIGHER EDUCATION. The commission may delegate to an institution of
1-52 higher education the authority to enter into space lease contracts
1-53 financed from sources other than funds appropriated from general
1-54 revenue, provided that an institution of higher education may not
1-55 enter a lease contract under this section unless it complies with
1-56 the provisions of Article 9102, Revised Statutes, concerning
1-57 architectural barriers. Any reports on delegated space lease
1-58 contracts of an institution of higher education shall be required
1-59 on an annual basis.
1-60 SECTION 3. Section 14.03(a), State Purchasing and General
1-61 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
1-62 amended to read as follows:
1-63 (a) The office of vehicle fleet maintenance shall establish
1-64 a vehicle-reporting system to assist each state agency in the
1-65 management of its vehicle fleet. State agencies shall be required
1-66 to submit such reports no more than semiannually. The office shall
1-67 develop computerized data retrieval systems to implement the
1-68 reporting system and shall maintain a complete inventory of agency
2-1 vehicles by class of vehicles. The office shall determine the
2-2 average cost of operation of the various classes of vehicles.
2-3 SECTION 4. Section 51.0051, Education Code, is amended to
2-4 read as follows:
2-5 Sec. 51.0051. Annual Operating Budgets. The governing board
2-6 of each institution shall approve on or before September 1 of each
2-7 year an itemized budget covering the operation of the institution
2-8 for the fiscal year beginning on September 1 of each year. The
2-9 budget shall be prepared within the limits of legislatively
2-10 appropriated general revenue and estimated educational and general
2-11 funds. The budget shall also include estimated institutional
2-12 funds. Copies of each such budget shall be furnished to the Texas
2-13 Higher Education Coordinating Board for distribution to the
2-14 Governor's Budget and Planning Office, Legislative Budget Board,
2-15 <state auditor,> and Legislative Reference Library. Additional
2-16 copies shall be delivered to the Texas Higher Education
2-17 Coordinating Board as required. The governing board of the
2-18 institution shall retain five copies of the budget for distribution
2-19 to legislators or other state officials on request.
2-20 SECTION 5. Section 51.912(c), Education Code, is amended to
2-21 read as follows:
2-22 (c) The <On November 1 of each year, the> governing board of
2-23 each system and institution shall include in the appropriate annual
2-24 report required by Section 51.005 <report to the governor and
2-25 legislature> the information that is provided to it under
2-26 Subsection (b) of this section during the preceding fiscal year.
2-27 SECTION 6. Section 54.506, Education Code, is amended to
2-28 read as follows:
2-29 Sec. 54.506. FEES AND CHARGES FOR SERVICES TO THE PUBLIC;
2-30 <REPORTS;> THE UNIVERSITY OF HOUSTON SYSTEM. <(a)> A schedule of
2-31 minimum fees and charges shall be established by the board of
2-32 regents of the University of Houston System for services performed
2-33 by any department of a component institution for students and the
2-34 public. The schedule shall conform to the fees and charges
2-35 customarily made for like services in the community. By way of
2-36 example, but not as a limitation, are services of the hearing
2-37 clinic, optometry clinic, reading clinic, and data processing and
2-38 computing center.
2-39 <(b) All fees and compensation derived from performing
2-40 services shall be reported to the governor and to the Coordinating
2-41 Board, Texas College and University System, annually, to the
2-42 legislature at the beginning of each regular session, and to the
2-43 board as required by it. A brief statement of the firm, society,
2-44 organization, or association using the facilities and the use made
2-45 shall be included in each report.>
2-46 SECTION 7. Section 61.073, Education Code, is amended to
2-47 read as follows:
2-48 Sec. 61.073. Allocation of Funds for Tuition and Fee
2-49 Exemptions. <(a)> Funds shall be appropriated to the Texas Higher
2-50 Education Coordinating Board<, Texas College and University
2-51 System,> for allocation to each junior and community college in an
2-52 amount equal to the total of all tuition and laboratory fees
2-53 foregone each semester as a result of the tuition and laboratory
2-54 fee exemptions required by law in Sections 54.201 through 54.209,
2-55 Texas Education Code.
2-56 <(b) The governing board of each junior or community college
2-57 shall report to the coordinating board the number of students
2-58 enrolled on the 12th class day of each semester who were exempt
2-59 from the payment of tuition and laboratory fees which would have
2-60 been collected from the students if they had not been exempt from
2-61 the payment thereof. The coordinating board shall remit to each
2-62 junior and community college an amount equal to the tuition and
2-63 laboratory fees foregone from the funds appropriated for that
2-64 purpose.>
2-65 SECTION 8. Sections 66.05(a) and (b), Education Code, are
2-66 amended to read as follows:
2-67 (a) Before December 1 of each year the board of regents of
2-68 The University of Texas System shall prepare a written report
2-69 providing statements of assets and a schedule of changes in book
2-70 value of the investments <disclosing all details concerning the
3-1 investments made and income realized> from the permanent university
3-2 fund during the year ending August 31 preceding the publication of
3-3 the report.
3-4 (b) The report shall contain a summary of all gains, losses
3-5 and income from investments and an itemized list of all securities
3-6 held for the fund on August 31<, a summary of investment changes
3-7 during the preceding year, and a summary of all income realized
3-8 from the various components of the fund>. The report shall also
3-9 contain any other information needed to clearly indicate the nature
3-10 and extent of investments made of the fund and all income realized
3-11 from the components of the fund.
3-12 SECTION 9. Section 66.06(b), Education Code, is amended to
3-13 read as follows:
3-14 (b) The board of regents shall <employ a well-recognized
3-15 performance measurement service to> evaluate and analyze the
3-16 investment results of the permanent university fund. The service
3-17 shall compare investment results with the written investment
3-18 objectives developed by the board of regents, and shall also
3-19 compare the investment of the permanent university fund with the
3-20 investment of other <public and private> funds operating with
3-21 substantially the same objectives and restrictions.
3-22 SECTION 10. Section 51.572, Education Code, is amended to
3-23 read as follows:
3-24 Sec. 51.572. Disclosure of Gifts Required. <(a)> The
3-25 governing board of any subject institution that receives a
3-26 conditional gift from a foreign person or an agent or
3-27 representative of a foreign person shall file with the secretary of
3-28 state a disclosure statement in accordance with federal law.
3-29 <(b) Subsection (a) of this section applies only to a
3-30 conditional gift that:>
3-31 <(1) has a value of more than $50,000;>
3-32 <(2) is one of multiple conditional gifts from the
3-33 same foreign person in a single fiscal year with an aggregate value
3-34 exceeding $50,000; or>
3-35 <(3) is one of multiple conditional gifts from two or
3-36 more foreign persons in a single fiscal year which have an
3-37 aggregate value exceeding $50,000 and which impose, request, or
3-38 provide similar conditions.>
3-39 <(c) The governing board shall file a disclosure statement
3-40 required by this section not later than the 30th day after the last
3-41 day of the institution's fiscal year in which the conditional gift
3-42 was received.>
3-43 SECTION 11. Section 51.573, Education Code, is amended to
3-44 read as follows:
3-45 Sec. 51.573. Form of Statement. <(a)> The secretary of
3-46 state shall prescribe the form and contents of a disclosure
3-47 statement in accordance with federal law <required by this
3-48 subchapter>.
3-49 <(b) The disclosure statement must include:>
3-50 <(1) the monetary value or amount of the conditional
3-51 gift;>
3-52 <(2) the date the conditional gift was received by the
3-53 institution;>
3-54 <(3) the name of the donor;>
3-55 <(4) if the donor is an entity described in Paragraph
3-56 (C) or (D) of Subdivision (2) of Section 51.571 of this subchapter
3-57 or a committee or other group described in Paragraph (E) of
3-58 Subdivision (2) of Section 51.571 of this subchapter, the name and
3-59 principal location or residence of each record and beneficial owner
3-60 of any equity interest therein, each member thereof, and each
3-61 person providing funding thereto;>
3-62 <(5) if the donor is an individual, the name of the
3-63 country in which the donor resides;>
3-64 <(6) a detailed description of any conditions of the
3-65 conditional gift and a copy of any written agreement or statement
3-66 containing such conditions; and>
3-67 <(7) a statement of whether and how the institution
3-68 intends to comply with the conditions of the conditional gift.>
3-69 SECTION 12. Sec. 31.155(b), Natural Resources Code, is
3-70 amended to read as follows:
4-1 (b) The State Department of Highways and Public
4-2 Transportation, or the Texas National Research Laboratory
4-3 Commission, on the request of the division, shall submit its real
4-4 property inventory records to the division. The real property
4-5 inventory records of an institution of higher education, the
4-6 Employees Retirement System of Texas, and the Teacher Retirement
4-7 System of Texas, on the request of the division, but not more than
4-8 semiannually, shall be submitted to the division for information
4-9 purposes only.
4-10 SECTION 13. The following provisions of the Education Code
4-11 are repealed:
4-12 (1) Section 61.0571;
4-13 (2) Section 51.507;
4-14 (3) Section 61.080;
4-15 (4) Section 61.083(b)-(d), as amended by Section 1,
4-16 Chapter 363, Acts of the 73rd Legislature, 1993;
4-17 (5) Section 101.21; and
4-18 (6) Section 111.32.
4-19 SECTION 14. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended,
4-24 and that this Act take effect and be in force from and after its
4-25 passage, and it is so enacted.
4-26 * * * * *