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.