By: Ratliff S.B. No. 1489
A BILL TO BE ENTITLED
AN ACT
1-1 relating to research conducted by public senior colleges and
1-2 universities on behalf of the Texas Department of Transportation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 67.24, Education Code, is amended to read
1-5 as follows:
1-6 Sec. 67.24. RESEARCH AND EXPERIMENTATION FOR TEXAS <HIGHWAY>
1-7 DEPARTMENT OF TRANSPORTATION. (a) The state comptroller of public
1-8 accounts may draw proper warrants in favor of the university based
1-9 on vouchers or claims submitted by the university through the Texas
1-10 <State Highway> Department of Transportation covering reasonable
1-11 fees and charges for services rendered by members of the staff of
1-12 the university system to the Texas <State Highway> Department of
1-13 Transportation and for equipment and materials necessary for
1-14 research and experimentation in all phases of transportation
1-15 <highway> activity, economics, materials, specifications, design of
1-16 transportation facilities, including but not limited to roadways
1-17 and airports, construction, maintenance, pavement and structures,
1-18 drainage, traffic control, safety, the economics of transportation
1-19 facility <highway> design and construction, and other fields of
1-20 transportation system and facility planning, <highway> design,
1-21 construction, maintenance, or operation, based on an agreement
1-22 between the Texas <State Highway> Department of Transportation and
1-23 the university <in accordance with the provisions of Texas Highway
2-1 Department Minute Order Number 52742, dated May 24, 1963>; and the
2-2 state treasurer shall pay warrants so issued against any funds
2-3 appropriated by the legislature to the Texas <State Highway>
2-4 Department of Transportation <for the construction and maintenance
2-5 of highways, roads, and bridges>. The payments made to the
2-6 university shall be credited and deposited to local institutional
2-7 funds under its control.
2-8 (b) For purposes of this section, the term "transportation
2-9 facilities" means highways and turnpikes, airports, railroads,
2-10 including high-speed railroads, bicycle and pedestrian facilities,
2-11 waterways, pipelines, electric utility facilities, communication
2-12 lines and facilities, public transportation facilities, port
2-13 facilities, and all facilities appurtenant thereto.
2-14 (c) The Texas Department of Transportation may contract with
2-15 the university for research conducted by the university as
2-16 authorized by this section.
2-17 (d) An agreement entered into under this chapter is not
2-18 subject to Chapter 771, Government Code (Interagency Cooperation
2-19 Act).
2-20 SECTION 2. Section 85.29, Education Code, is amended to read
2-21 as follows:
2-22 Sec. 85.29. RESEARCH AND EXPERIMENTATION FOR TEXAS <HIGHWAY>
2-23 DEPARTMENT OF TRANSPORTATION. (a) The state comptroller of public
2-24 accounts may draw proper warrants in favor of any part of the
2-25 university system based on vouchers or claims submitted by the
3-1 system through the Texas <State Highway> Department of
3-2 Transportation covering reasonable fees and charges for services
3-3 rendered by members of the staff of the system to the Texas <State
3-4 Highway> Department of Transportation and for equipment and
3-5 materials necessary for research and experimentation in all phases
3-6 of transportation <highway> activity, economics, materials,
3-7 specifications, design of transportation facilities, including but
3-8 not limited to roadways and airports, construction, maintenance,
3-9 pavement and structures, drainage, traffic control, safety, the
3-10 economics of transportation facility <highway> design and
3-11 construction, and other fields of transportation system and
3-12 facility planning, <highway> design, construction, maintenance, or
3-13 operation, based on an agreement between the Texas <State Highway>
3-14 Department of Transportation and The <the> Texas A&M University
3-15 <Agricultural and Mechanical College> System <as passed by the
3-16 State Highway Department on September 29, 1948, and recorded by the
3-17 State Highway Department as Minute Order Number 25396>; and the
3-18 state treasurer shall pay warrants so issued against any funds
3-19 appropriated by the legislature to the Texas <State Highway>
3-20 Department of Transportation <for the construction and maintenance
3-21 of highways, roads, and bridges>. The payments made to the system
3-22 shall be credited and deposited to local institutional funds under
3-23 its control.
3-24 (b) For purposes of this section, the term "transportation
3-25 facilities" means highways and turnpikes, airports, railroads,
4-1 including high-speed railroads, bicycle and pedestrian facilities,
4-2 waterways, pipelines, electric utility facilities, communication
4-3 lines and facilities, public transportation facilities, port
4-4 facilities, and all facilities appurtenant thereto.
4-5 (c) The Texas Department of Transportation may contract with
4-6 the system for research conducted by any part of the university
4-7 system as authorized by this section.
4-8 (d) An agreement entered into under this chapter is not
4-9 subject to Chapter 771, Government Code (Interagency Cooperation
4-10 Act).
4-11 SECTION 3. Subtitle H, Title 3, Education Code, is amended
4-12 by adding Chapter 150 to read as follows:
4-13 CHAPTER 150. TRANSPORTATION RESEARCH
4-14 Sec. 150.001. DEFINITIONS. In this chapter:
4-15 (1) "Department" means the Texas Department of
4-16 Transportation.
4-17 (2) "Public senior college or university" has the
4-18 meaning assigned by Section 61.003(4).
4-19 (3) "Transportation facilities" means highways and
4-20 turnpikes, airports, railroads, including high-speed railroads,
4-21 bicycle and pedestrian facilities, waterways, pipelines, electric
4-22 utility facilities, communication lines and facilities, public
4-23 transportation facilities, port facilities, and all facilities
4-24 appurtenant thereto.
4-25 Sec. 150.002. RESEARCH AND EXPERIMENTATION FOR TEXAS
5-1 DEPARTMENT OF TRANSPORTATION. The state comptroller of public
5-2 accounts may draw proper warrants in favor of any public senior
5-3 college or university based on vouchers or claims submitted by the
5-4 university or college through the department covering reasonable
5-5 system charges for services rendered by members of the staff of the
5-6 university or college to the department and for equipment and
5-7 materials necessary for research and experimentation in all phases
5-8 of transportation activity, economics, materials, specifications,
5-9 design of transportation facilities, roadways, construction,
5-10 maintenance, pavement and structures, drainage, traffic control,
5-11 safety, the economics of transportation facility design and
5-12 construction, and other fields of transportation system and
5-13 facility planning, design, construction, maintenance, or operation,
5-14 based on an agreement between the department and the university or
5-15 college.
5-16 Sec. 150.003. PAYMENT OF WARRANTS. The state treasurer
5-17 shall pay warrants issued under Section 150.002 against any funds
5-18 appropriated by the legislature to the department. The payments
5-19 made to the university or college shall be credited and deposited
5-20 to local institutional funds under its control.
5-21 Sec. 150.004. AUTHORITY TO CONTRACT. The department may
5-22 contract with a public senior college or university for research
5-23 conducted by an institution as authorized by this chapter.
5-24 Sec. 150.005. INAPPLICABILITY OF INTERAGENCY COOPERATION
5-25 ACT. An agreement entered into under this chapter is not subject
6-1 to Chapter 771, Government Code (Interagency Cooperation Act).
6-2 SECTION 4. The importance of this legislation and the
6-3 crowded condition of the calendars in both houses create an
6-4 emergency and an imperative public necessity that the
6-5 constitutional rule requiring bills to be read on three several
6-6 days in each house be suspended, and this rule is hereby suspended.