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.
3-5 * * * * *