1-1 By: Ratliff S.B. No. 1489
1-2 (In the Senate - Filed March 13, 1995; March 21, 1995, read
1-3 first time and referred to Committee on Education; April 19, 1995,
1-4 reported favorably by the following vote: Yeas 10, Nays 0;
1-5 April 19, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to research conducted by public senior colleges and
1-9 universities on behalf of the Texas Department of Transportation.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 67.24, Education Code, is amended to read
1-12 as follows:
1-13 Sec. 67.24. RESEARCH AND EXPERIMENTATION FOR TEXAS <HIGHWAY>
1-14 DEPARTMENT OF TRANSPORTATION. (a) The state comptroller of public
1-15 accounts may draw proper warrants in favor of the university based
1-16 on vouchers or claims submitted by the university through the Texas
1-17 <State Highway> Department of Transportation covering reasonable
1-18 fees and charges for services rendered by members of the staff of
1-19 the university system to the Texas <State Highway> Department of
1-20 Transportation and for equipment and materials necessary for
1-21 research and experimentation in all phases of transportation
1-22 <highway> activity, economics, materials, specifications, design of
1-23 transportation facilities, including but not limited to roadways
1-24 and airports, construction, maintenance, pavement and structures,
1-25 drainage, traffic control, safety, the economics of transportation
1-26 facility <highway> design and construction, and other fields of
1-27 transportation system and facility planning, <highway> design,
1-28 construction, maintenance, or operation, based on an agreement
1-29 between the Texas <State Highway> Department of Transportation and
1-30 the university <in accordance with the provisions of Texas Highway
1-31 Department Minute Order Number 52742, dated May 24, 1963>; and the
1-32 state treasurer shall pay warrants so issued against any funds
1-33 appropriated by the legislature to the Texas <State Highway>
1-34 Department of Transportation <for the construction and maintenance
1-35 of highways, roads, and bridges>. The payments made to the
1-36 university shall be credited and deposited to local institutional
1-37 funds under its control.
1-38 (b) For purposes of this section, the term "transportation
1-39 facilities" means highways and turnpikes, airports, railroads,
1-40 including high-speed railroads, bicycle and pedestrian facilities,
1-41 waterways, pipelines, electric utility facilities, communication
1-42 lines and facilities, public transportation facilities, port
1-43 facilities, and all facilities appurtenant thereto.
1-44 (c) The Texas Department of Transportation may contract with
1-45 the university for research conducted by the university as
1-46 authorized by this section.
1-47 (d) An agreement entered into under this chapter is not
1-48 subject to Chapter 771, Government Code, (Interagency Cooperation
1-49 Act).
1-50 SECTION 2. Section 85.29, Education Code, is amended to read
1-51 as follows:
1-52 Sec. 85.29. RESEARCH AND EXPERIMENTATION FOR TEXAS <HIGHWAY>
1-53 DEPARTMENT OF TRANSPORTATION. (a) The state comptroller of public
1-54 accounts may draw proper warrants in favor of any part of the
1-55 university system based on vouchers or claims submitted by the
1-56 system through the Texas <State Highway> Department of
1-57 Transportation covering reasonable fees and charges for services
1-58 rendered by members of the staff of the system to the Texas <State
1-59 Highway> Department of Transportation and for equipment and
1-60 materials necessary for research and experimentation in all phases
1-61 of transportation <highway> activity, economics, materials,
1-62 specifications, design of transportation facilities, including but
1-63 not limited to roadways and airports, construction, maintenance,
1-64 pavement and structures, drainage, traffic control, safety, the
1-65 economics of transportation facility <highway> design and
1-66 construction, and other fields of transportation system and
1-67 facility planning, <highway> design, construction, maintenance, or
1-68 operation, based on an agreement between the Texas <State Highway>
2-1 Department of Transportation and The <the> Texas A&M University
2-2 <Agricultural and Mechanical College> System <as passed by the
2-3 State Highway Department on September 29, 1948, and recorded by the
2-4 State Highway Department as Minute Order Number 25396>; and the
2-5 state treasurer shall pay warrants so issued against any funds
2-6 appropriated by the legislature to the Texas <State Highway>
2-7 Department of Transportation <for the construction and maintenance
2-8 of highways, roads, and bridges>. The payments made to the system
2-9 shall be credited and deposited to local institutional funds under
2-10 its control.
2-11 (b) For purposes of this section, the term "transportation
2-12 facilities" means highways and turnpikes, airports, railroads,
2-13 including high-speed railroads, bicycle and pedestrian facilities,
2-14 waterways, pipelines, electric utility facilities, communication
2-15 lines and facilities, public transportation facilities, port
2-16 facilities, and all facilities appurtenant thereto.
2-17 (c) The Texas Department of Transportation may contract with
2-18 the system for research conducted by any part of the university
2-19 system as authorized by this section.
2-20 (d) An agreement entered into under this chapter is not
2-21 subject to Chapter 771, Government Code, (Interagency Cooperation
2-22 Act).
2-23 SECTION 3. Subtitle H, Title 3, Education Code, is amended
2-24 by adding Chapter 150 to read as follows:
2-25 CHAPTER 150. TRANSPORTATION RESEARCH
2-26 Sec. 150.001. DEFINITIONS. In this chapter:
2-27 (1) "Department" means the Texas Department of
2-28 Transportation.
2-29 (2) "Public senior college or university" has the
2-30 meaning assigned by Section 61.003(4).
2-31 (3) "Transportation facilities" means highways and
2-32 turnpikes, airports, railroads, including high-speed railroads,
2-33 bicycle and pedestrian facilities, waterways, pipelines, electric
2-34 utility facilities, communication lines and facilities, public
2-35 transportation facilities, port facilities, and all facilities
2-36 appurtenant thereto.
2-37 Sec. 150.002. RESEARCH AND EXPERIMENTATION FOR TEXAS
2-38 DEPARTMENT OF TRANSPORTATION. The state comptroller of public
2-39 accounts may draw proper warrants in favor of any public senior
2-40 college or university based on vouchers or claims submitted by the
2-41 university or college through the department covering reasonable
2-42 system charges for services rendered by members of the staff of the
2-43 university or college to the department and for equipment and
2-44 materials necessary for research and experimentation in all phases
2-45 of transportation activity, economics, materials, specifications,
2-46 design of transportation facilities, roadways, construction,
2-47 maintenance, pavement and structures, drainage, traffic control,
2-48 safety, the economics of transportation facility design and
2-49 construction, and other fields of transportation system and
2-50 facility planning, design, construction, maintenance, or operation,
2-51 based on an agreement between the department and the university or
2-52 college.
2-53 Sec. 150.003. PAYMENT OF WARRANTS. The state treasurer
2-54 shall pay warrants issued under Section 150.002 against any funds
2-55 appropriated by the legislature to the department. The payments
2-56 made to the university or college shall be credited and deposited
2-57 to local institutional funds under its control.
2-58 Sec. 150.004. AUTHORITY TO CONTRACT. The department may
2-59 contract with a public senior college or university for research
2-60 conducted by an institution as authorized by this chapter.
2-61 Sec. 150.005. INAPPLICABILITY OF INTERAGENCY COOPERATION
2-62 ACT. An agreement entered into under this chapter is not subject
2-63 to Chapter 771, Government Code, (Interagency Cooperation Act).
2-64 SECTION 4. The importance of this legislation and the
2-65 crowded condition of the calendars in both houses create an
2-66 emergency and an imperative public necessity that the
2-67 constitutional rule requiring bills to be read on three several
2-68 days in each house be suspended, and this rule is hereby suspended.
2-69 * * * * *