By Bivins                                              S.B. No. 850
       74R7428 SMH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the provision of vocational, technical, and other
    1-3  freshman- and sophomore-level education by certain public
    1-4  institutions of higher education, the reorganization of the Texas
    1-5  State Technical College System, and the establishment of an
    1-6  advanced or emerging technology grant fund to support certain
    1-7  public technical institute and public junior college programs.
    1-8        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-9       ARTICLE 1.  TEXAS STATE TECHNICAL COLLEGE SYSTEM PROGRAMS
   1-10        SECTION 1.01.  AMENDMENT.  Subchapter A, Chapter 135,
   1-11  Education Code, is amended by adding Section 135.09 to read as
   1-12  follows:
   1-13        Sec. 135.09.  OFFERING OF CERTAIN PROGRAMS PROHIBITED.  (a)
   1-14  The board of regents of the Texas State Technical College System
   1-15  may not offer certificate or associate degree programs, other than
   1-16  vocational or vocational-technical programs, at a campus of the
   1-17  system, except as provided by Subsection (b).
   1-18        (b)  The board of regents of the Texas State Technical
   1-19  College System may enter into an agreement with a public junior
   1-20  college for the public junior college to offer certificate or
   1-21  associate degree programs, other than vocational or
   1-22  vocational-technical programs, at a campus of the system.
   1-23        (c)  The board of regents of the Texas State Technical
   1-24  College System must comply with Subsection (a) beginning September
    2-1  1, 2000, except that it must comply with Subsection (a) at the Waco
    2-2  campus of the system beginning September 1, 1997.
    2-3              ARTICLE 2.  WACO CAMPUS OF THE TEXAS STATE
    2-4                       TECHNICAL COLLEGE SYSTEM
    2-5        SECTION 2.01.  TRANSFER.  Not later than September 1, 1997,
    2-6  the board of regents of the Texas State Technical College System
    2-7  shall transfer responsibility for offering certificate or associate
    2-8  degree programs, other than vocational or vocational-technical
    2-9  programs, at the Texas State Technical College System's campus
   2-10  located in the city of Waco in McLennan County to the board of
   2-11  trustees of the McLennan County Community College to be operated as
   2-12  provided by Section 135.09, Education Code, as added by this Act.
   2-13        SECTION 2.02.  EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
   2-14  The board of regents of the Texas State Technical College System
   2-15  and board of trustees of the McLennan County Community College by
   2-16  agreement shall provide for:
   2-17              (1)  the transfer of credit hours earned before the
   2-18  transfer by a student in a program covered by the transfer from the
   2-19  technical college to the community college; and
   2-20              (2)  the transfer of any employees of the technical
   2-21  college to the community college and the continuation of benefits
   2-22  for transferred employees.
   2-23            ARTICLE 3.  HARLINGEN CAMPUS OF THE TEXAS STATE
   2-24                       TECHNICAL COLLEGE SYSTEM
   2-25        SECTION 3.01.  AMENDMENT.  Chapter 135, Education Code, is
   2-26  amended by adding Subchapter D to read as follows:
   2-27        SUBCHAPTER D.  TRANSFER OF PROGRAMS AT HARLINGEN CAMPUS
    3-1        Sec. 135.71.  TRANSFER.  (a)  Not later than September 1,
    3-2  2000, the board of regents of the Texas State Technical College
    3-3  System shall:
    3-4              (1)  transfer the responsibility for offering
    3-5  certificate or associate degree programs, other than vocational or
    3-6  vocational-technical programs, at the Texas State Technical College
    3-7  System's campus located in the city of Harlingen in Cameron County
    3-8  to the board of trustees of the public junior college, if any,
    3-9  whose taxing district includes the Texas State Technical College
   3-10  System's campus located in the city of Harlingen in Cameron County
   3-11  if the public junior college agrees to the transfer; or
   3-12              (2)  if Subdivision (1) does not apply, cease offering
   3-13  the programs.
   3-14        (b)  If the board of trustees of a public junior college
   3-15  accepts the transfer, the transfer is subject to Sections
   3-16  135.72-135.75.
   3-17        Sec. 135.72.  POWERS AND DUTIES.  On completion of the
   3-18  transfer, the board of trustees of the public junior college shall
   3-19  undertake to offer the certificate or associate degree programs,
   3-20  other than vocational or vocational-technical programs, at the
   3-21  system's campus located in the city of Harlingen in Cameron County
   3-22  as provided by Section 135.09 pursuant to the powers, duties, and
   3-23  responsibilities conferred by law on the board of trustees of the
   3-24  public junior college.
   3-25        Sec. 135.73.  CONTRACTS AND WRITTEN OBLIGATIONS.  Contracts
   3-26  and written obligations of every kind and character, including
   3-27  bonds, entered into by the board of regents of the Texas State
    4-1  Technical College System in connection with offering certificate or
    4-2  associate degree  programs, other than vocational or
    4-3  vocational-technical programs, at the Texas State Technical College
    4-4  System's campus located in the city of Harlingen in Cameron County
    4-5  are ratified, confirmed, and validated.  In those contracts and
    4-6  written obligations, including bonds, on completion of the
    4-7  transfer, the board of trustees of the public junior college is
    4-8  substituted for and stands and acts in the place of the board of
    4-9  regents of the Texas State Technical College System.
   4-10        Sec. 135.74.  EMPLOYEE INSURANCE AND OTHER BENEFITS.  Any
   4-11  contract or other agreement with a provider of insurance or
   4-12  employee benefits that provides coverage for employees of the Texas
   4-13  State Technical College System's campus located in the city of
   4-14  Harlingen in Cameron County who are engaged in offering certificate
   4-15  or associate degree programs, other than vocational or
   4-16  vocational-technical programs, is not void nor does it terminate on
   4-17  the effective date of the transfer.  Any such contract or agreement
   4-18  remains in full force and effect as a contract or agreement of the
   4-19  public junior college for the employees transferred to the public
   4-20  junior college until its date of expiration unless it terminates
   4-21  before the expiration date in accordance with its terms.  All
   4-22  persons for whom the insurance or benefits are provided on the
   4-23  effective date of the transfer are covered by the insurance or
   4-24  benefits in accordance with the terms of those agreements until the
   4-25  respective dates of termination or expiration of those agreements.
   4-26  The persons covered by the agreements who are employees of the
   4-27  public junior college on the respective termination or expiration
    5-1  dates of those agreements shall be included in any similar
    5-2  agreements that relate to other employees of the public junior
    5-3  college and that are in effect on the termination or expiration
    5-4  dates.
    5-5        Sec. 135.75.  EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
    5-6  The transfer of responsibility for offering certificate or
    5-7  associate degree programs, other than vocational or
    5-8  vocational-technical programs, at the Texas State Technical College
    5-9  System's campus located in the city of Harlingen in Cameron County
   5-10  to the board of trustees of the public junior college does not
   5-11  affect:
   5-12              (1)  the credit hours earned by students at that campus
   5-13  before the effective date of the transfer; or
   5-14              (2)  the employment status on the effective date of the
   5-15  transfer of the administrative, faculty, or support staff of the
   5-16  campus.
   5-17            ARTICLE 4.  AMARILLO CAMPUS OF THE TEXAS STATE
   5-18                       TECHNICAL COLLEGE SYSTEM
   5-19        SECTION 4.01.  TRANSFER.  (a)  Not later than September 1,
   5-20  1997, the Texas State Technical College System shall transfer the
   5-21  governance, operation, management, and control of the system's
   5-22  campus located in the city of Amarillo in Potter County, along with
   5-23  all right, title, and interest in the land, buildings, facilities,
   5-24  improvements, equipment, supplies, and property comprising that
   5-25  campus, to the board of trustees of Amarillo College, if that board
   5-26  of trustees agrees to the transfer.
   5-27        (b)  The transfer made by this section includes all programs
    6-1  operated by or in connection with the Texas State Technical College
    6-2  System's campus located in the city of Amarillo in Potter County on
    6-3  the effective date of the transfer.
    6-4        (c)  If the board of trustees of Amarillo College accepts the
    6-5  transfer, the transfer is subject to Sections 4.02-4.05 of this
    6-6  Act.
    6-7        SECTION 4.02.  POWERS AND DUTIES.  The board of trustees of
    6-8  Amarillo College may govern, operate, manage, and control the
    6-9  campus transferred under Section 4.01 of this Act and all land,
   6-10  buildings, facilities, improvements, equipment, supplies, and
   6-11  property comprising that institution pursuant to the powers,
   6-12  duties, and responsibilities conferred by law on the board of
   6-13  trustees of Amarillo College for the governance, operation,
   6-14  management, and control of Amarillo College.
   6-15        SECTION 4.03.  CONTRACTS AND WRITTEN OBLIGATIONS.  Contracts
   6-16  and written obligations of every kind and character, including
   6-17  bonds, entered into by the board of regents of the Texas State
   6-18  Technical College System for and on behalf of the Texas State
   6-19  Technical College System's campus located in the city of Amarillo
   6-20  in Potter County are ratified, confirmed, and validated.  In those
   6-21  contracts and written obligations, including bonds, the board of
   6-22  trustees of Amarillo College is substituted for and stands and acts
   6-23  in the place of the board of regents of the Texas State Technical
   6-24  College System.
   6-25        SECTION 4.04.  EMPLOYEE INSURANCE AND OTHER BENEFITS.  Any
   6-26  contract or other agreement with a provider of insurance or
   6-27  employee benefits that provides coverage for employees of the Texas
    7-1  State Technical College System's campus located in the city of
    7-2  Amarillo in Potter County is not void nor does it terminate on the
    7-3  effective date of this Act.  Any such contract or agreement remains
    7-4  in full force and effect as a contract or agreement of Amarillo
    7-5  College for the employees transferred to Amarillo College until its
    7-6  date of expiration unless it terminates before the expiration date
    7-7  in accordance with its terms.  All persons for whom the insurance
    7-8  or benefits are provided on the effective date of this Act are
    7-9  covered by the insurance or benefits in accordance with the terms
   7-10  of those agreements until the respective dates of termination or
   7-11  expiration of those agreements.  The persons covered by the
   7-12  agreements who are employees of Amarillo College on the respective
   7-13  termination or expiration dates of those agreements shall be
   7-14  included in any similar agreements that relate to other employees
   7-15  of Amarillo College and that are in effect on the termination or
   7-16  expiration dates.
   7-17        SECTION 4.05.  EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
   7-18  The transfer of governance, operation, management, and control of
   7-19  the Texas State Technical College System's campus located in the
   7-20  city of Amarillo in Potter County to the board of trustees of
   7-21  Amarillo College does not affect:
   7-22              (1)  the credit hours earned by students at that campus
   7-23  before the effective date of this Act; or
   7-24              (2)  the employment status on the effective date of
   7-25  this Act of the administrative, faculty, or support staff of the
   7-26  campus.
   7-27        SECTION 4.06.  AMENDMENT.  (a)  The changes in law made by
    8-1  this section, other than those relating to the campus of the Texas
    8-2  State Technical College System located in the city of Amarillo, are
    8-3  subject to Sections 3 and 4, Chapter 359, Acts of the 73rd
    8-4  Legislature, Regular Session, 1993, providing for the possible
    8-5  creation of South Texas Community College.
    8-6        (b)  Until the date that a quorum of the initial board of
    8-7  trustees of South Texas Community College has qualified for office,
    8-8  Section 135.02(a), Education Code, is amended to read as follows:
    8-9        (a)  The Texas State Technical College System is composed of:
   8-10              (1)  a system office located in the city of Waco in
   8-11  McLennan County;
   8-12              (2)  <a campus located in the city of Amarillo in
   8-13  Potter County;>
   8-14              <(3)>  a campus located in the city of Harlingen in
   8-15  Cameron County;
   8-16              (3) <(4)>  a campus located in the city of Sweetwater
   8-17  in Nolan County;
   8-18              (4) <(5)>  an extension center located in the city of
   8-19  Marshall in Harrison County; <and>
   8-20              (5)  a campus located in the city of Waco in McLennan
   8-21  County;
   8-22              (6)  extension centers in the city of McAllen in
   8-23  Hidalgo County and the city of Abilene in Taylor County and an
   8-24  extension program offered through a rural technology center in the
   8-25  city of Breckenridge in Stephens County; and
   8-26              (7)  other campuses assigned to the system from time to
   8-27  time by specific legislative Act.
    9-1        (c)  On the date that a quorum of the initial board of
    9-2  trustees of South Texas Community College has qualified for office,
    9-3  Section 135.02(a), Education Code, is amended to read as follows:
    9-4        (a)  The Texas State Technical College System is composed of:
    9-5              (1)  a system office located in the city of Waco in
    9-6  McLennan County;
    9-7              (2)  <a campus located in the city of Amarillo in
    9-8  Potter County;>
    9-9              <(3)>  a campus located in the city of Harlingen in
   9-10  Cameron County;
   9-11              (3) <(4)>  a campus located in the city of Sweetwater
   9-12  in Nolan County;
   9-13              (4) <(5)>  an extension center located in the city of
   9-14  Marshall in Harrison County;
   9-15              (5) <(6)>  a campus located in the city of Waco in
   9-16  McLennan County;
   9-17              (6) <(7)>  extension centers in the city of Brownwood
   9-18  in Brown County and the city of Abilene in Taylor County and an
   9-19  extension program offered through a rural technology center in the
   9-20  city of Breckenridge in Stephens County; and
   9-21              (7) <(8)>  other campuses assigned to the system from
   9-22  time to time by specific legislative Act.
   9-23     ARTICLE 5.  OTHER CAMPUSES, EXTENSION CENTERS, AND EXTENSION
   9-24         PROGRAMS OF THE TEXAS STATE TECHNICAL COLLEGE SYSTEM
   9-25        SECTION 5.01.  AMENDMENT.  Chapter 135, Education Code, is
   9-26  amended by adding Subchapter E to read as follows:
   9-27              SUBCHAPTER E.  TRANSFER OF OTHER CAMPUSES,
   10-1               EXTENSION CENTERS, AND EXTENSION PROGRAMS
   10-2        Sec. 135.81.  APPLICATION.  This subchapter does not apply to
   10-3  the Texas State Technical College System's campus located in the
   10-4  city of:
   10-5              (1)  Waco in McLennan County;
   10-6              (2)  Harlingen in Cameron County; or
   10-7              (3)  Amarillo in Potter County.
   10-8        Sec. 135.82.  TRANSFER OR CLOSURE OF CAMPUSES, EXTENSION
   10-9  CENTERS, AND EXTENSION PROGRAMS.  (a)  Not later than September 1,
  10-10  2000, the board of regents of the Texas State Technical College
  10-11  System shall:
  10-12              (1)  transfer the governance, operation, management,
  10-13  and control of each campus, extension center, or extension program
  10-14  of the Texas State Technical College System, along with all right,
  10-15  title, and interest in the land, buildings, facilities,
  10-16  improvements, equipment, supplies, and property comprising that
  10-17  campus, extension center, or extension program, to the board of
  10-18  trustees of the public junior college, if any, whose taxing
  10-19  district includes that campus, extension center, or extension
  10-20  program if the public junior college agrees to the transfer; or
  10-21              (2)  if Subdivision (1) does not apply, close the
  10-22  campus, extension center, or extension program.
  10-23        (b)  If the board of trustees of the public junior college
  10-24  accepts the transfer, the transfer is subject to Sections
  10-25  135.83-135.86.
  10-26        Sec. 135.83.  POWERS AND DUTIES.  On completion of the
  10-27  transfer, the board of trustees of the public junior college shall
   11-1  undertake to govern, operate, manage, and control the campus,
   11-2  extension center, or extension program and all land, buildings,
   11-3  facilities, improvements, equipment, supplies, and property
   11-4  comprising that campus, extension center, or extension program
   11-5  pursuant to the powers, duties, and responsibilities that are or
   11-6  may be conferred by law upon the board of trustees for the
   11-7  governance, operation, management, and control of the public junior
   11-8  college.
   11-9        Sec. 135.84.  CONTRACTS AND WRITTEN OBLIGATIONS.  Contracts
  11-10  and written obligations of every kind and character, including
  11-11  bonds, entered into by the board of regents of the Texas State
  11-12  Technical College System for and on behalf of a campus, extension
  11-13  center, or extension program are ratified, confirmed, and
  11-14  validated.  In those contracts and written obligations, including
  11-15  bonds, on completion of the transfer, the board of trustees of the
  11-16  public junior college that agrees to the transfer of the campus,
  11-17  extension center, or extension program is substituted for and
  11-18  stands and acts in the place of the board of regents of the Texas
  11-19  State Technical College System.
  11-20        Sec. 135.85.  EMPLOYEE INSURANCE AND OTHER BENEFITS.  Any
  11-21  contract or other agreement with a provider of insurance or
  11-22  employee benefits that provides coverage for employees of a campus,
  11-23  extension center, or extension program of the Texas State Technical
  11-24  College System is not void nor does it terminate on the effective
  11-25  date of the transfer.  Any such contract or agreement remains in
  11-26  full force and effect as a contract or agreement of the public
  11-27  junior college for the employees transferred to the public junior
   12-1  college until its date of expiration unless it terminates before
   12-2  the expiration date in accordance with its terms.  All persons for
   12-3  whom the insurance or benefits are provided on the effective date
   12-4  of the transfer are covered by the insurance or benefits in
   12-5  accordance with the terms of those agreements until the respective
   12-6  dates of termination or expiration of those agreements.  The
   12-7  persons covered by the agreements who are employees of the public
   12-8  junior college that agrees to the transfer of the campus,
   12-9  extension center, or extension program shall be included in any
  12-10  similar agreements that relate to other employees of the public
  12-11  junior college and that are in effect on the termination or
  12-12  expiration dates.
  12-13        Sec. 135.86.  EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
  12-14  The transfer of governance, operation, management, and control of a
  12-15  campus, extension center, or extension program of the Texas State
  12-16  Technical College System to the board of trustees of a public
  12-17  junior college does not affect:
  12-18              (1)  the credit hours earned by students at that
  12-19  campus, extension center, or extension program before the effective
  12-20  date of the transfer; or
  12-21              (2)  the employment status on the effective date of the
  12-22  transfer of the administrative, faculty, or support staff of the
  12-23  campus, extension center, or extension program.
  12-24        ARTICLE 6.  ADVANCED OR EMERGING TECHNOLOGY GRANT FUND
  12-25        SECTION 6.01.  AMENDMENT.  Chapter 61, Education Code, is
  12-26  amended by adding Subchapter Q to read as follows:
  12-27            SUBCHAPTER Q.  ADVANCED OR EMERGING TECHNOLOGY
   13-1                              GRANT FUND
   13-2        Sec. 61.791.  DEFINITIONS.  In this subchapter:
   13-3              (1)  "Advisory committee" means the advanced or
   13-4  emerging technology advisory committee.
   13-5              (2)  "Fund" means the advanced or emerging technology
   13-6  grant fund.
   13-7        Sec. 61.792.  ESTABLISHMENT OF FUND.  (a)  The advanced or
   13-8  emerging technology grant fund is in the state treasury.  The fund
   13-9  consists of:
  13-10              (1)  state appropriations for purposes of the fund;
  13-11              (2)  money acquired from other governmental or private
  13-12  sources; and
  13-13              (3)  the income from money deposited in the fund.
  13-14        (b)  The coordinating board shall administer the assets of
  13-15  the fund.  The coordinating board is the trustee of the fund's
  13-16  assets.
  13-17        (c)  The coordinating board may:
  13-18              (1)  segregate contributions and payments to the fund
  13-19  into various accounts; and
  13-20              (2)  acquire, hold, manage, purchase, sell, assign,
  13-21  trade, transfer, and dispose of any security, evidence of
  13-22  indebtedness, or other investment in which the fund's assets may be
  13-23  invested.
  13-24        Sec. 61.793.  STATE TREASURER.  (a)  Except as provided by
  13-25  Subsection (d), the state treasurer is the custodian of the assets
  13-26  of the fund.
  13-27        (b)  The state treasurer shall pay money from the fund on a
   14-1  warrant drawn by the comptroller supported only on a voucher signed
   14-2  by the comptroller and the commissioner of higher education or
   14-3  their authorized representatives.
   14-4        (c)  The state treasurer annually shall furnish to the
   14-5  coordinating board a sworn statement of the amount of the fund's
   14-6  assets in the treasurer's custody.
   14-7        (d)  The coordinating board may select one or more commercial
   14-8  banks, depository trust companies, or other entities to serve as
   14-9  custodian of all or part of the fund's assets.
  14-10        Sec. 61.794.  INVESTMENT OF FUND ASSETS.  (a)  The
  14-11  coordinating board shall invest the assets of the fund.
  14-12        (b)  The coordinating board may contract with private
  14-13  professional investment managers to assist the coordinating board
  14-14  in investing the assets of the fund.
  14-15        (c)  The coordinating board shall develop written investment
  14-16  objectives concerning the investment of assets of the fund.  The
  14-17  objectives may address desired rates of return, risks involved,
  14-18  investment time frames, and any other relevant considerations.
  14-19        (d)  In investing the assets of the fund, the coordinating
  14-20  board shall exercise the judgment and care, under the circumstances
  14-21  prevailing at the time of the investment, that persons of ordinary
  14-22  prudence, discretion, and intelligence exercise in the management
  14-23  of their own affairs, not in speculation but when making a
  14-24  permanent disposition of their money, considering the probable
  14-25  income from the disposition and the probable safety of their
  14-26  capital.
  14-27        Sec. 61.795.  USE OF FUND ASSETS.  The coordinating board may
   15-1  use the assets of the fund only to fund a course or degree program
   15-2  pertaining to an advanced or emerging technology at a public
   15-3  technical institute or public junior college.
   15-4        Sec. 61.796.  REPORT.  Not later than December 1 of each
   15-5  year, the coordinating board shall submit to the governor,
   15-6  lieutenant governor, speaker of the house of representatives,
   15-7  Legislative Budget Board, Legislative Audit Committee, and state
   15-8  auditor a report including:
   15-9              (1)  the coordinating board's fiscal transactions
  15-10  during the preceding fiscal year;
  15-11              (2)  the market and book value of the fund as of the
  15-12  end of the preceding fiscal year;
  15-13              (3)  the asset allocations of the fund expressed in
  15-14  percentages of stocks, fixed income, cash, or other financial
  15-15  investments; and
  15-16              (4)  the rate of return on the investment of the fund's
  15-17  assets during the preceding fiscal year.
  15-18        Sec. 61.797.  ADVISORY COMMITTEE.  (a)  The advisory
  15-19  committee shall advise the coordinating board regarding funding of
  15-20  a course or degree program pertaining to an advanced or emerging
  15-21  technology at a public technical institute or public junior
  15-22  college.
  15-23        (b)  The advisory committee is composed of:
  15-24              (1)  the commissioner of higher education;
  15-25              (2)  one member of the board of regents of the Texas
  15-26  State Technical College System designated by the coordinating
  15-27  board;
   16-1              (3)  one member of the board of trustees of a public
   16-2  junior college designated by the coordinating board;
   16-3              (4)  one member of the board of regents of a public
   16-4  senior college or university designated by the coordinating board;
   16-5              (5)  one member designated by the governor;
   16-6              (6)  one member designated by the lieutenant governor;
   16-7  and
   16-8              (7)  one member designated by the speaker of the house
   16-9  of representatives.
  16-10        (c)  A member designated by the governor, lieutenant
  16-11  governor, or speaker must represent business and industry and have
  16-12  expertise in an advanced or emerging technology.
  16-13        (d)  The commissioner of higher education serves as the
  16-14  presiding officer of the advisory committee.
  16-15        (e)  The advisory committee shall hold regular annual
  16-16  meetings and other meetings as called by the presiding officer.
  16-17         ARTICLE 7.  TRANSITION; EFFECTIVE DATE; AND EMERGENCY
  16-18        SECTION 7.01.  TRANSITION.  As soon as possible on or after
  16-19  the effective date of this Act, the governor, lieutenant governor,
  16-20  and speaker of the house of representatives shall designate members
  16-21  of the advanced or emerging technology advisory committee.
  16-22        SECTION 7.02.  EFFECTIVE DATE.  This Act takes effect
  16-23  September 1, 1995.
  16-24        SECTION 7.03.  EMERGENCY.  The importance of this legislation
  16-25  and the crowded condition of the calendars in both houses create an
  16-26  emergency and an imperative public necessity that the
  16-27  constitutional rule requiring bills to be read on three several
   17-1  days in each house be suspended, and this rule is hereby suspended.