By:  Armbrister                                        S.B. No. 698

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to research relating to transportation facilities

 1-2     conducted by public senior colleges and universities for the Texas

 1-3     Department of Transportation.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 67.24 and 85.29, Education Code, are

 1-6     amended to read as follows:

 1-7           Sec. 67.24.  Research and Experimentation for Texas

 1-8     Department of Transportation.  (a)  The department may contract

 1-9     with the university for the university to conduct research relating

1-10     to transportation, including the economics, planning, design,

1-11     construction, maintenance, or operation of transportation

1-12     facilities.

1-13           (b)  An agreement entered into under this section is not

1-14     subject to Chapter 771, Government Code.

1-15           (c)  The [state] comptroller [of public accounts] may draw

1-16     proper warrants in favor of the university based on vouchers or

1-17     claims submitted by the university through the department [Texas

1-18     Department of Transportation] covering reasonable fees and charges

1-19     for services rendered by members of the staff of the university

1-20     system to the department [Texas Department of Transportation] and

1-21     for equipment and materials necessary for research and

1-22     experimentation under a contract entered into under this section.

1-23           (d)  The comptroller [in all phases of highway activity,

1-24     economics, materials, specifications, design of roadways,

 2-1     construction, maintenance, pavement and structures, drainage,

 2-2     traffic control, safety, the economics of highway design and

 2-3     construction, and other fields of highway design, construction,

 2-4     maintenance, or operation, based on an agreement between the Texas

 2-5     Department of Transportation and the university in accordance with

 2-6     the provisions of Texas Highway Department Minute Order Number

 2-7     52742, dated May 24, 1963; and the state treasurer] shall pay

 2-8     warrants [so] issued under this section against any funds

 2-9     appropriated by the legislature to the department [Texas Department

2-10     of Transportation for the construction and maintenance of highways,

2-11     roads, and bridges].  The payments made to the university shall be

2-12     credited and deposited to local institutional funds under its

2-13     control.

2-14           (e)  In this section:

2-15                 (1)  "Department" means the Texas Department of

2-16     Transportation.

2-17                 (2)  "Transportation facilities" means highways,

2-18     turnpikes, airports, railroads, including high-speed railroads,

2-19     bicycle and pedestrian facilities, waterways, pipelines, electric

2-20     utility facilities, communication lines and facilities, public

2-21     transportation facilities, port facilities, and facilities

2-22     appurtenant to other transportation facilities.

2-23           Sec. 85.29.  Research and Experimentation for Texas

2-24     Department of Transportation.  (a)  The department may contract

2-25     with the university system or a component or agency of the

2-26     university system to conduct research relating to transportation,

2-27     including the economics, planning, design, construction,

 3-1     maintenance, or operation of transportation facilities.

 3-2           (b)  An agreement entered into under this section is not

 3-3     subject to Chapter 771, Government Code.

 3-4           (c)  The [state] comptroller [of public accounts] may draw

 3-5     proper warrants in favor of any part of the university system based

 3-6     on vouchers or claims submitted by the system through the

 3-7     department [Texas Department of Transportation] covering reasonable

 3-8     fees and charges for services rendered by members of the staff of

 3-9     the system to the department [Texas Department of Transportation]

3-10     and for equipment and materials necessary for research and

3-11     experimentation under a contract entered into under this section.

3-12           (d)  The comptroller [in all phases of highway activity,

3-13     economics, materials, specifications, design of roadways,

3-14     construction, maintenance, pavement and structures, traffic

3-15     control, safety, the economics of highway design and construction,

3-16     and other fields of highway design, construction, maintenance, or

3-17     operation, based on an agreement between the State Highway

3-18     Department and the Texas Agricultural and Mechanical College System

3-19     as passed by the State Highway Department on September 29, 1948,

3-20     and recorded by the Texas Department of Transportation as Minute

3-21     Order Number 25396; and the state treasurer] shall pay warrants

3-22     [so] issued under this section against any funds appropriated by

3-23     the legislature to the department [Texas Department of

3-24     Transportation for the construction and maintenance of highways,

3-25     roads, and bridges].  The payments made to the system shall be

3-26     credited and deposited to local institutional funds under its

3-27     control.

 4-1           (e)  In this section:

 4-2                 (1)  "Department" means the Texas Department of

 4-3     Transportation.

 4-4                 (2)  "Transportation facilities" means highways,

 4-5     turnpikes, airports, railroads, including high-speed railroads,

 4-6     bicycle and pedestrian facilities, waterways, pipelines, electric

 4-7     utility facilities, communication lines and facilities, public

 4-8     transportation facilities, port facilities, and facilities

 4-9     appurtenant to other transportation facilities.

4-10           SECTION 2.  Subtitle H, Title 3, Education Code, is amended

4-11     by adding Chapter 150 to read as follows:

4-12                    CHAPTER 150.  TRANSPORTATION RESEARCH

4-13           Sec. 150.001.  DEFINITIONS.  In this chapter:

4-14                 (1)  "Department" means the Texas Department of

4-15     Transportation.

4-16                 (2)  "Public senior college or university" has the

4-17     meaning assigned by Section 61.003.

4-18                 (3)  "Transportation facilities" means highways,

4-19     turnpikes, airports, railroads, including high-speed railroads,

4-20     bicycle and pedestrian facilities, waterways, pipelines, electric

4-21     utility facilities, communication lines and facilities, public

4-22     transportation facilities, port facilities, and facilities

4-23     appurtenant to other transportation facilities.

4-24           Sec. 150.002.  CONTRACTS.  (a)  The department may contract

4-25     with a public senior college or university for the college or

4-26     university to conduct research relating to transportation,

4-27     including the economics, planning, design, construction,

 5-1     maintenance, or operation of transportation facilities.

 5-2           (b)  An agreement entered into under this chapter is not

 5-3     subject to Chapter 771, Government Code.

 5-4           Sec. 150.003.  PAYMENT FOR SERVICES, MATERIALS, AND

 5-5     EQUIPMENT.  (a)  The comptroller may draw a warrant in favor of a

 5-6     public senior college or university based on a voucher or claim

 5-7     submitted by the college or university through the department for

 5-8     services rendered and materials and equipment provided by the

 5-9     college or university under a contract entered into under this

5-10     chapter.

5-11           (b)  The comptroller shall pay a warrant issued under this

5-12     section out of money appropriated by the legislature to the

5-13     department.  Payments received by a public senior college or

5-14     university under this section are local funds of the college or

5-15     university.

5-16           SECTION 3.  The importance of this legislation and the

5-17     crowded condition of the calendars in both houses create an

5-18     emergency and an imperative public necessity that the

5-19     constitutional rule requiring bills to be read on three several

5-20     days in each house be suspended, and this rule is hereby suspended,

5-21     and that this Act take effect and be in force from and after its

5-22     passage, and it is so enacted.