SRC-JBJ H.B. 1542 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1542
76R6156 PAM-DBy: Keffer (West)
Education
5/11/1999
Engrossed


DIGEST 

Currently, junior colleges are generally subject to the provisions of the
Education Code and are governed by a locally-elected board.  Many of the
governance provisions applicable to independent school districts are also
applicable to these colleges, however, as institutions of higher education,
junior colleges are sometimes included in statutes related to public
universities.  Additionally, because junior colleges are also agencies of
local government, they are also subject to some provisions in the Local
Government Code.  The dual nature of junior colleges as institutions of
higher education and as independent entities of local government has caused
some conflict regarding statutes appertaining to purchasing and
contracting.  H.B. 1542 would make the provisions of the Education Code
relating to the purchase of goods and services under contract by a school
district applicable to a junior college. 

PURPOSE

As proposed, H.B. 1542 amends regulations regarding the purchasing
requirements for school districts and junior college districts. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 130A, Education Code, by adding Section 130.010,
as follows: 

Sec. 130.010.  PURCHASING CONTRACTS.  Establishes that the provisions of
Chapter 44B, relating to the purchase of goods and services under contract
by a school district apply to the purchase of goods and services under
contract by a junior college district.  Provides that the provisions of
Chapter 44B prevail over any other law relating to the purchase of goods
and services by a junior college district except a law relating to
contracting with historically underutilized businesses.   

SECTION 2.  Amends Chapter 271B, Local Government Code, by adding Section
271.023, as follows: 

Sec. 271.023.  CONFLICT OF LAWS.  Provides that provisions of Chapter 44B,
Education Code, prevail over this subchapter to the extent of any conflict
regarding a school district's purchase. 

SECTION 3.Emergency clause.
  Effective date: upon passage.