1-1     By:  Armbrister                                        S.B. No. 698

 1-2           (In the Senate - Filed February 21, 1997; February 25, 1997,

 1-3     read first time and referred to Committee on Education;

 1-4     March 20, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 11, Nays 0; March 20, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Haywood

 1-7     Amend S.B. No. 698 on page  , line   , after the word "system" by

 1-8     substituting the word "or" for the word "for"

 1-9                            A BILL TO BE ENTITLED

1-10                                   AN ACT

1-11     relating to research relating to transportation facilities

1-12     conducted by public senior colleges and universities for the Texas

1-13     Department of Transportation.

1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-15           SECTION 1.  Sections 67.24 and 85.29, Education Code, are

1-16     amended to read as follows:

1-17           Sec. 67.24.  Research and Experimentation for Texas

1-18     Department of Transportation.  (a)  The department may contract

1-19     with the university for the university to conduct research relating

1-20     to transportation, including the economics, planning, design,

1-21     construction, maintenance, or operation of transportation

1-22     facilities.

1-23           (b)  An agreement entered into under this section is not

1-24     subject to Chapter 771, Government Code.

1-25           (c)  The [state] comptroller [of public accounts] may draw

1-26     proper warrants in favor of the university based on vouchers or

1-27     claims submitted by the university through the department [Texas

1-28     Department of Transportation] covering reasonable fees and charges

1-29     for services rendered by members of the staff of the university

1-30     system to the department [Texas Department of Transportation] and

1-31     for equipment and materials necessary for research and

1-32     experimentation under a contract entered into under this section.

1-33           (d)  The comptroller [in all phases of highway activity,

1-34     economics, materials, specifications, design of roadways,

1-35     construction, maintenance, pavement and structures, drainage,

1-36     traffic control, safety, the economics of highway design and

1-37     construction, and other fields of highway design, construction,

1-38     maintenance, or operation, based on an agreement between the Texas

1-39     Department of Transportation and the university in accordance with

1-40     the provisions of Texas Highway Department Minute Order Number

1-41     52742, dated May 24, 1963; and the state treasurer] shall pay

1-42     warrants [so] issued under this section against any funds

1-43     appropriated by the legislature to the department [Texas Department

1-44     of Transportation for the construction and maintenance of highways,

1-45     roads, and bridges].  The payments made to the university shall be

1-46     credited and deposited to local institutional funds under its

1-47     control.

1-48           (e)  In this section:

1-49                 (1)  "Department" means the Texas Department of

1-50     Transportation.

1-51                 (2)  "Transportation facilities" means highways,

1-52     turnpikes, airports, railroads, including high-speed railroads,

1-53     bicycle and pedestrian facilities, waterways, pipelines, electric

1-54     utility facilities, communication lines and facilities, public

1-55     transportation facilities, port facilities, and facilities

1-56     appurtenant to other transportation facilities.

1-57           Sec. 85.29.  Research and Experimentation for Texas

1-58     Department of Transportation.  (a)  The department may contract

1-59     with the university system for a component or agency of the

1-60     university system to conduct research relating to transportation,

1-61     including the economics, planning, design, construction,

1-62     maintenance, or operation of transportation facilities.

1-63           (b)  An agreement entered into under this section is not

1-64     subject to Chapter 771, Government Code.

 2-1           (c)  The [state] comptroller [of public accounts] may draw

 2-2     proper warrants in favor of any part of the university system based

 2-3     on vouchers or claims submitted by the system through the

 2-4     department [Texas Department of Transportation] covering reasonable

 2-5     fees and charges for services rendered by members of the staff of

 2-6     the system to the department [Texas Department of Transportation]

 2-7     and for equipment and materials necessary for research and

 2-8     experimentation under a contract entered into under this section.

 2-9           (d)  The comptroller [in all phases of highway activity,

2-10     economics, materials, specifications, design of roadways,

2-11     construction, maintenance, pavement and structures, traffic

2-12     control, safety, the economics of highway design and construction,

2-13     and other fields of highway design, construction, maintenance, or

2-14     operation, based on an agreement between the State Highway

2-15     Department and the Texas Agricultural and Mechanical College System

2-16     as passed by the State Highway Department on September 29, 1948,

2-17     and recorded by the Texas Department of Transportation as Minute

2-18     Order Number 25396; and the state treasurer] shall pay warrants

2-19     [so] issued under this section against any funds appropriated by

2-20     the legislature to the department [Texas Department of

2-21     Transportation for the construction and maintenance of highways,

2-22     roads, and bridges].  The payments made to the system shall be

2-23     credited and deposited to local institutional funds under its

2-24     control.

2-25           (e)  In this section:

2-26                 (1)  "Department" means the Texas Department of

2-27     Transportation.

2-28                 (2)  "Transportation facilities" means highways,

2-29     turnpikes, airports, railroads, including high-speed railroads,

2-30     bicycle and pedestrian facilities, waterways, pipelines, electric

2-31     utility facilities, communication lines and facilities, public

2-32     transportation facilities, port facilities, and facilities

2-33     appurtenant to other transportation facilities.

2-34           SECTION 2.  Subtitle H, Title 3, Education Code, is amended

2-35     by adding Chapter 150 to read as follows:

2-36                    CHAPTER 150.  TRANSPORTATION RESEARCH

2-37           Sec. 150.001.  DEFINITIONS.  In this chapter:

2-38                 (1)  "Department" means the Texas Department of

2-39     Transportation.

2-40                 (2)  "Public senior college or university" has the

2-41     meaning assigned by Section 61.003.

2-42                 (3)  "Transportation facilities" means highways,

2-43     turnpikes, airports, railroads, including high-speed railroads,

2-44     bicycle and pedestrian facilities, waterways, pipelines, electric

2-45     utility facilities, communication lines and facilities, public

2-46     transportation facilities, port facilities, and facilities

2-47     appurtenant to other transportation facilities.

2-48           Sec. 150.002.  CONTRACTS.  (a)  The department may contract

2-49     with a public senior college or university for the college or

2-50     university to conduct research relating to transportation,

2-51     including the economics, planning, design, construction,

2-52     maintenance, or operation of transportation facilities.

2-53           (b)  An agreement entered into under this chapter is not

2-54     subject to Chapter 771, Government Code.

2-55           Sec. 150.003.  PAYMENT FOR SERVICES, MATERIALS, AND

2-56     EQUIPMENT.  (a)  The comptroller may draw a warrant in favor of a

2-57     public senior college or university based on a voucher or claim

2-58     submitted by the college or university through the department for

2-59     services rendered and materials and equipment provided by the

2-60     college or university under a contract entered into under this

2-61     chapter.

2-62           (b)  The comptroller shall pay a warrant issued under this

2-63     section out of money appropriated by the legislature to the

2-64     department.  Payments received by a public senior college or

2-65     university under this section are local funds of the college or

2-66     university.

2-67           SECTION 3.  The importance of this legislation and the

2-68     crowded condition of the calendars in both houses create an

2-69     emergency and an imperative public necessity that the

 3-1     constitutional rule requiring bills to be read on three several

 3-2     days in each house be suspended, and this rule is hereby suspended,

 3-3     and that this Act take effect and be in force from and after its

 3-4     passage, and it is so enacted.

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