1-1     By:  Bivins                                           S.B. No. 1578

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on State Affairs;

 1-4     April 18, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 13, Nays 0; April 18, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1578                  By:  Nelson

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to meetings of the Texas Higher Education Coordinating

1-11     Board to consider higher education impact statements.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter F, Chapter 551, Government Code, is

1-14     amended by adding Section 551.126 to read as follows:

1-15           Sec. 551.126.  HIGHER EDUCATION COORDINATING BOARD.  (a)  In

1-16     this section, "board" means the Texas Higher Education Coordinating

1-17     Board.

1-18           (b)  The board may hold an open meeting by telephone

1-19     conference call or video conference call in order to consider a

1-20     higher education impact statement if the preparation of a higher

1-21     education impact statement by the board is to be provided under the

1-22     rules of either the house of representatives or the senate.

1-23           (c)  A meeting held by telephone conference call must comply

1-24     with the procedures described in Section 551.125.

1-25           (d)  A meeting held by video conference call is subject to

1-26     the notice requirements applicable to other meetings.  In addition,

1-27     a meeting held by video conference call shall:

1-28                 (1)  be visible and audible to the public at the

1-29     location specified in the notice of the meeting as the location of

1-30     the meeting;

1-31                 (2)  be recorded by audio and video; and

1-32                 (3)  have two-way audio and video communications with

1-33     each participant in the meeting during the entire meeting.

1-34           SECTION 2.  Section 61.025, Education Code, is amended by

1-35     amending Subsections (b) and (c) and adding Subsection (e) to read

1-36     as follows:

1-37           (b)  Except as provided by Section 551.126, Government Code,

1-38     the [The] board shall hold regular quarterly meetings in the city

1-39     of Austin, and other meetings at places and times scheduled by it

1-40     in formal sessions and called by the chairman.

1-41           (c)  Except as provided by Subsection (e), an [An] agenda for

1-42     the meetings in sufficient detail to indicate the items on which

1-43     final action is contemplated shall be mailed to the chairman of

1-44     each governing board and to the chief administrative officer of

1-45     each state institution of higher education at least 30 days prior

1-46     to the meeting.

1-47           (e)  The board may hold a meeting to consider a higher

1-48     education impact statement, if a higher education impact statement

1-49     by the board is to be provided under the rules of either the house

1-50     of representatives or the senate.  The meeting shall be called by

1-51     the chair and the board shall provide notice of the meeting in

1-52     accordance with Chapter 551, Government Code.  The board is not

1-53     required to mail an agenda 30 days in advance to the governing

1-54     boards and institutions as provided in Subsection (c), for a

1-55     meeting to consider a higher education impact statement.

1-56           SECTION 3.  The importance of this legislation and the

1-57     crowded condition of the calendars in both houses create an

1-58     emergency and an imperative public necessity that the

1-59     constitutional rule requiring bills to be read on three several

1-60     days in each house be suspended, and this rule is hereby suspended,

1-61     and that this Act take effect and be in force from and after its

1-62     passage, and it is so enacted.

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