1-1                                   AN ACT
 1-2     relating to the operation, regulation, administration, and
 1-3     financing of public institutions of higher education.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5                           ARTICLE 1.  PURCHASING
 1-6           SECTION 1.01.  Sections 51.9335(a)-(e), Education Code, are
 1-7     amended to read as follows:
 1-8           (a)  An institution of higher education [A medical and dental
 1-9     unit] may acquire goods or services by the method that provides the
1-10     best value to the institution [unit], including:
1-11                 (1)  competitive bidding;
1-12                 (2)  competitive sealed proposals;
1-13                 (3)  a catalogue purchase;
1-14                 (4)  a group purchasing program; or
1-15                 (5)  an open market contract.
1-16           (b)  In determining what is the best value to an institution
1-17     of higher education [a medical and dental unit], the institution
1-18     [unit] shall consider:
1-19                 (1)  the purchase price;
1-20                 (2)  the reputation of the vendor and of the vendor's
1-21     goods or services;
1-22                 (3)  the quality of the vendor's goods or services;
1-23                 (4)  the extent to which the goods or services meet the
1-24     institution's [unit's] needs;
 2-1                 (5)  the vendor's past relationship with the
 2-2     institution [unit];
 2-3                 (6)  the impact on the ability of the institution
 2-4     [unit] to comply with laws and rules relating to historically
 2-5     underutilized businesses and to the procurement of goods and
 2-6     services from persons with disabilities;
 2-7                 (7)  the total long-term cost to the institution [unit]
 2-8     of acquiring the vendor's goods or services; [and]
 2-9                 (8)  any other relevant factor that a private business
2-10     entity would consider in selecting a vendor; and
2-11                 (9)  the use of material in construction or repair to
2-12     real property that is not proprietary to a single vendor unless the
2-13     institution provides written justification in the request for bids
2-14     for use of the unique material specified.
2-15           (c)  The state auditor may audit purchases of goods or
2-16     services by an institution of higher education or by a component of
2-17     an institution of higher education that purchases goods and
2-18     services [a medical and dental unit].
2-19           (d)  To the extent of any conflict, this section prevails
2-20     over any other law, including Chapters 2155, 2156, 2157, 2158,
2-21     2167, and 2170, Government Code, except a law or rule relating to
2-22     contracting with historically underutilized businesses or relating
2-23     to the procurement of goods and services from persons with
2-24     disabilities.  An institution of higher education may, but is not
2-25     required to, acquire goods or services as provided by Chapters
2-26     2155, 2156, 2157, 2158, 2167, and 2170, Government Code.
2-27           (e)  In this section, "institution of higher education"
 3-1     ["medical and dental unit"] has the meaning assigned by Section
 3-2     61.003 and includes a school of veterinary medicine and a health
 3-3     care facility operated by a medical and dental unit, except that
 3-4     the term does not include The University of Texas M. D. Anderson
 3-5     Cancer Center or a public junior college.
 3-6           SECTION 1.02.  Subchapter Z, Chapter 51, Education Code, is
 3-7     amended by adding Section 51.966 to read as follows:
 3-8           Sec. 51.966.  INSURANCE COVERAGE.  (a)  The governing board
 3-9     of an institution of higher education may purchase insurance
3-10     insuring the institution and its employees against any liability,
3-11     risk, or exposure and covering the losses of any institutional
3-12     property.
3-13           (b)  The governing board may pay the cost of any insurance
3-14     from any funds of the institution.
3-15           (c)  As used in this section, "governing board" and
3-16     "institution of higher education" have the meanings assigned by
3-17     Section 61.003.
3-18           SECTION 1.03.  Subchapter B, Chapter 497, Government Code, is
3-19     amended by adding Section 497.0211 to read as follows:
3-20           Sec. 497.0211.  EXCEPTION:  INSTITUTIONS OF HIGHER EDUCATION.
3-21     This subchapter does not apply to an institution of higher
3-22     education, as defined by Section 61.003, Education Code.
3-23           SECTION 1.04.  Section 2155.067(b), Government Code, is
3-24     amended to read as follows:
3-25           (b)  The agency head or the presiding officer of the agency's
3-26     governing body must sign the written justification.  [For an
3-27     institution of higher education, the individual designated by the
 4-1     president or governing body as purchasing officer for the
 4-2     institution may sign the written justification.]
 4-3           SECTION 1.05.  Section 2155.268(a), Government Code, is
 4-4     amended to read as follows:
 4-5           (a)  A state agency may not maintain and use its own bidders
 4-6     list.  The prohibition of this subsection does not apply to the
 4-7     Texas Department of Transportation [or to an institution of higher
 4-8     education as defined by Section 61.003, Education Code, but an
 4-9     institution of higher education should use the master bidders list
4-10     when possible].
4-11           SECTION 1.06.  Sections 2155.133, 2155.134, and 2155.135,
4-12     Government Code, are repealed.
4-13                         ARTICLE 2.  HUMAN RESOURCES
4-14           SECTION 2.01.  Subchapter Z, Chapter 51, Education Code, is
4-15     amended by adding Section 51.961 to read as follows:
4-16           Sec. 51.961.  LEAVE PROVISIONS FOR CERTAIN EMPLOYEES OF
4-17     UNIVERSITY SYSTEM.  (a)  In this section:
4-18                 (1)  "Governing board," "medical and dental unit," and
4-19     "university system" have the meanings assigned by Section 61.003.
4-20                 (2)  "Leave" includes vacation leave, sick leave, and
4-21     holidays.
4-22           (b)  The governing board of a university system may adopt a
4-23     comprehensive leave policy that applies to employees working in a
4-24     hospital or clinic of a medical and dental unit of the university
4-25     system.
4-26           (c)  A policy adopted under this section may combine
4-27     vacation, sick, and holiday leave into a paid leave system that
 5-1     does not distinguish or separate the types of leave to be awarded
 5-2     and may award leave in an amount determined by the governing board
 5-3     to be appropriate and cost-effective.
 5-4           (d)  Chapters 661 and 662, Government Code, do not apply to
 5-5     employees covered by a policy adopted under this section.  The
 5-6     policy must include provisions addressing the subject matter of
 5-7     each subchapter of Chapters 661 and 662, Government Code, and the
 5-8     intended effect of the policy on the rights, duties, and
 5-9     responsibilities of employees and the employing entity under those
5-10     subchapters.
5-11           (e)  A policy adopted under this section must include
5-12     provisions for:
5-13                 (1)  payment for accrued leave to:
5-14                       (A)  the estates or heirs of deceased employees;
5-15                       (B)  employees separating from the employing
5-16     entity; and
5-17                       (C)  contributing members of state retirement
5-18     systems who retire; and
5-19                 (2)  awards of accrued leave to employees separating
5-20     from the employing entity who are to be employed by other state
5-21     agencies or institutions of higher education.
5-22           (f)  A policy authorized by this section may include other
5-23     matters as determined relevant and appropriate by the governing
5-24     board.
5-25           (g)  A policy authorized by this section must be adopted by a
5-26     governing board in an open meeting of the board.
5-27           (h)  Before implementing a policy adopted under this section,
 6-1     the governing board shall make reasonable efforts to enter into a
 6-2     memorandum of understanding with the office of the state auditor,
 6-3     the Employees Retirement System of Texas, and the Texas Higher
 6-4     Education Coordinating Board concerning awards of accrued leave for
 6-5     the purposes of retirement and other issues of concern related to
 6-6     the implementation of the policy.
 6-7           (i)  On or after September 15, 2005, the governing board of
 6-8     an institution of higher education may adopt a leave policy as
 6-9     provided by this section for employees of the institution.
6-10           SECTION 2.02.  Subchapter Z, Chapter 51, Education Code, is
6-11     amended by adding Section 51.962 to read as follows:
6-12           Sec. 51.962.  MERIT SALARY INCREASES.  (a)  An institution of
6-13     higher education as defined by Section 61.003 may grant merit
6-14     salary increases, including one-time merit payments, to employees
6-15     described by this section.
6-16           (b)  A merit salary increase made under this section is
6-17     compensation for purposes of Chapter 659, Government Code, and
6-18     salary and wages and member compensation for purposes of Title 8,
6-19     Government Code.
6-20           (c)  An institution of higher education may pay merit salary
6-21     increases under this section from any funds.
6-22           (d)  Before awarding a merit salary increase under this
6-23     section, an institution of higher education must adopt criteria for
6-24     the granting of merit salary increases.
6-25           (e)  To be eligible for a merit salary increase under this
6-26     section, an employee must have been employed by the institution of
6-27     higher education for the six months immediately preceding the
 7-1     effective date of the increase and at least six months must have
 7-2     elapsed since the employee's last merit salary increase.
 7-3           SECTION 2.03.  Subchapter Z, Chapter 51, Education Code, is
 7-4     amended by adding Section 51.963 to read as follows:
 7-5           Sec. 51.963.  EMPLOYEE WITH MULTIPLE APPOINTMENTS.  A
 7-6     full-time employee of an institution of higher education as defined
 7-7     by Section 61.003 who has appointments to more than one position at
 7-8     the same institution may receive pay for working more than 40 hours
 7-9     in a week if the institution determines that pay in lieu of
7-10     compensatory time is in the best interests of the institution.
7-11           SECTION 2.04.  Subchapter Z, Chapter 51, Education Code, is
7-12     amended by adding Section 51.964 to read as follows:
7-13           Sec. 51.964.  HIRING OF CERTAIN RETIREES.  (a)  An
7-14     institution of higher education as defined by Section 61.003 may
7-15     employ a person who has retired under the Teacher Retirement System
7-16     (Subtitle C, Title 8, Government Code) or the optional retirement
7-17     program (Chapter 830, Government Code) if:
7-18                 (1)  the governing board of the institution determines
7-19     that the employment is in the best interests of the institution;
7-20     and
7-21                 (2)  the person has been retired for at least one
7-22     calendar year before the effective date of the employment, except
7-23     that a person retired under the optional retirement program may be
7-24     rehired after retirement without a break in service.
7-25           (b)  The governing board may pay a person employed under this
7-26     section an amount considered by the governing board to be
7-27     appropriate, notwithstanding any other provision of law.
 8-1           SECTION 2.05.  Subchapter Z, Chapter 51, Education Code, is
 8-2     amended by adding Section 51.965 to read as follows:
 8-3           Sec. 51.965.  EMPLOYEE NOTIFICATION.  (a)  If a state law
 8-4     requires an institution of higher education as defined by Section
 8-5     61.003 to provide written notification to its officers or employees
 8-6     of any requirement, right, duty, or responsibility provided by
 8-7     state law, the institution may provide the notification by use of
 8-8     electronic media.
 8-9           (b)  An institution of higher education may adopt rules and
8-10     guidelines to ensure that notification provided by electronic media
8-11     under this section is effective and that any required notification
8-12     is provided to officers and employees who do not have access to
8-13     electronic media.
8-14           SECTION 2.06.  Section 661.062(a), Government Code, is
8-15     amended to read as follows:
8-16           (a)  A state employee who, at any time during the employee's
8-17     lifetime, has accrued six months of continuous state employment and
8-18     who resigns, is dismissed, or otherwise separates from state
8-19     employment by a state agency other than an institution of higher
8-20     education is entitled to be paid for the accrued balance of the
8-21     employee's vacation time as of the date of separation, if the
8-22     individual is not reemployed by the state in a position under which
8-23     the employee accrues vacation leave during the 30-day period
8-24     immediately following the date of separation from state employment.
8-25     A state employee who, at any time during the employee's lifetime,
8-26     has accrued six months of continuous state employment and who
8-27     resigns, is dismissed, or otherwise separates from state employment
 9-1     by an institution of higher education is entitled to be paid for
 9-2     the accrued balance of the employee's vacation time as of the date
 9-3     of separation.
 9-4           SECTION 2.07.  The heading to Subchapter J, Chapter 659,
 9-5     Government Code, is amended to read as follows:
 9-6          SUBCHAPTER J.  PAYROLL REDUCTION OR DEDUCTION FOR CERTAIN
 9-7               EMPLOYEE BENEFITS [OF PARKING FEES AND PERMITS]
 9-8                     AT INSTITUTIONS OF HIGHER EDUCATION
 9-9           SECTION 2.08.  Section 659.202, Government Code, is amended
9-10     to read as follows:
9-11           Sec. 659.202.  PAYROLL REDUCTION OR DEDUCTION AUTHORIZED; USE
9-12     OF FUNDS.  (a)  An employee of an institution of higher education
9-13     may authorize in writing a reduction [deduction] each pay period
9-14     from the employee's salary or wage payment for the payment of any
9-15     fee or charge for parking, a parking permit, a transportation pass,
9-16     or other qualified transportation benefit authorized under Section
9-17     132(f), Internal Revenue Code of 1986, as amended [parking fees
9-18     charged by the institution of higher education or for the purchase
9-19     of a parking permit from an institution of higher education].  An
9-20     authorization for a reduction [deduction] under this subchapter by
9-21     the employee must be [is] voluntary.  The institution shall
9-22     determine which fee or charge an employee may pay under this
9-23     subsection.
9-24           (b)  An employee of an institution of higher education may
9-25     authorize in writing a deduction each pay period from the
9-26     employee's salary or wage payment for the payment of any fee or
9-27     charge for parking or for a club membership, recreational sports
 10-1    membership, or similar activity or program.  An authorization for a
 10-2    deduction under this subchapter by the employee must be voluntary.
 10-3    The institution shall determine which fee or charge an employee may
 10-4    pay under this subsection.  [Funds collected under this section may
 10-5    be used only to provide parking facilities for employees of the
 10-6    institution.]
 10-7          SECTION 2.09.  Subchapter J, Chapter 659, Government Code, is
 10-8    amended by adding Section 659.205 to read as follows:
 10-9          Sec. 659.205.  STATUS OF DEDUCTION OR SALARY REDUCTION.
10-10    (a)  If so designated by the employing institution of higher
10-11    education, a salary deduction made by an employee under this
10-12    subchapter shall be considered compensation under this chapter and
10-13    salary and wages and member compensation under Title 8.
10-14          (b)  If authorized by federal law, a salary deduction or
10-15    salary reduction under this subchapter may be made on a pretax
10-16    basis.
10-17          SECTION 2.10.  Section 822.201(b), Government Code, is
10-18    amended to read as follows:
10-19          (b)  "Salary and wages" as used in Subsection (a) means:
10-20                (1)  normal periodic payments of money for service the
10-21    right to which accrues on a regular basis in proportion to the
10-22    service performed;
10-23                (2)  amounts by which the member's salary is reduced
10-24    under a salary reduction agreement authorized by Chapter 610;
10-25                (3)  amounts that would otherwise qualify as salary and
10-26    wages under Subdivision (1) but are not received directly by the
10-27    member pursuant to a good faith, voluntary written salary reduction
 11-1    agreement in order to finance payments to a deferred compensation
 11-2    or tax sheltered annuity program specifically authorized by state
 11-3    law or to finance benefit options under a cafeteria plan qualifying
 11-4    under Section 125 of the Internal Revenue Code of 1986 (26 U.S.C.
 11-5    Section 125), if:
 11-6                      (A)  the program or benefit options are made
 11-7    available to all employees of the employer; and
 11-8                      (B)  the benefit options in the cafeteria plan
 11-9    are limited to one or more options that provide deferred
11-10    compensation, group health and disability insurance, group term
11-11    life insurance, dependent care assistance programs, or group legal
11-12    services plans;
11-13                (4)  performance pay awarded to an employee by a school
11-14    district as part of a total compensation plan approved by the board
11-15    of trustees of the district and meeting the requirements of
11-16    Subsection (e); [and]
11-17                (5)  the benefit replacement pay a person earns under
11-18    Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
11-19    74th Legislature, 1995, except as provided by Subsection (c); [and]
11-20                (6)  stipends paid to teachers in accordance with
11-21    Section 21.410, Education Code;
11-22                (7)  amounts by which the member's salary is reduced or
11-23    that are deducted from the member's salary as authorized by
11-24    Subchapter J, Chapter 659; and
11-25                (8)  a merit salary increase made under Section 51.962,
11-26    Education Code.
11-27          SECTION 2.11.  Section 658.001, Government Code, is amended
 12-1    to read as follows:
 12-2          Sec. 658.001.  DEFINITIONS.  In this chapter:
 12-3                (1)  "Full-time state employee" means a person employed
 12-4    by a state agency who, if not participating in a voluntary work
 12-5    reduction program under Section 658.003, is required to work for
 12-6    the agency not less than 40 hours a week.
 12-7                (2)  "State agency" means:
 12-8                      (A)  a board, commission, department,
 12-9    institution, office, or other agency in the executive branch of
12-10    state government that is created by the constitution or a statute
12-11    of this state, including an institution of higher education as
12-12    defined by Section 61.003, Education Code, other than a public
12-13    junior college; or
12-14                      (B)  the Supreme Court of Texas, the Texas Court
12-15    of Criminal Appeals, a court of appeals, or other agency in the
12-16    judicial branch.
12-17          SECTION 2.12.  Section 659.002(b), Government Code, is
12-18    amended to read as follows:
12-19          (b)  In this section "state agency" means:
12-20                (1)  a board, commission, department, office, or other
12-21    agency that is in the executive branch of state government and that
12-22    was created by the constitution or a statute of this state,
12-23    including an institution of higher education as defined by Section
12-24    61.003, Education Code, other than a public junior college;
12-25                (2)  the legislature or a legislative agency; or
12-26                (3)  the supreme court, the court of criminal appeals,
12-27    a court of appeals, the state bar, or another state judicial
 13-1    agency.
 13-2          SECTION 2.13.  Chapter 661, Government Code, is amended by
 13-3    adding Section 661.915 to read as follows:
 13-4          Sec. 661.915.  APPLICABILITY TO JUNIOR COLLEGES.  The
 13-5    provisions of this chapter do not apply to a public junior college
 13-6    as defined by Section 61.003, Education Code.
 13-7                     ARTICLE 3.  FINANCIAL MANAGEMENT
 13-8          SECTION 3.01.  Section 74.103, Education Code, is amended to
 13-9    read as follows:
13-10          Sec. 74.103.  GIFTS AND GRANTS.  The board may accept and
13-11    administer, on terms and conditions satisfactory to it, grants and
13-12    gifts tendered to it in aid of research and teaching at the medical
13-13    school.  The board may also accept from the federal government or
13-14    any foundation, trust fund, corporation, or individual donations,
13-15    gifts, and grants, including real estate, buildings, libraries,
13-16    laboratories, apparatus, equipment, records, and leases, for the
13-17    exclusive use and benefit of the medical school.  [Before
13-18    acceptance of gifts, grants, and donations of real property, the
13-19    board shall secure the opinion of the attorney general on the title
13-20    of the real property to be conveyed.]
13-21          SECTION 3.02.  Section 74.153, Education Code, is amended to
13-22    read as follows:
13-23          Sec. 74.153.  GIFTS AND GRANTS.  The board may accept and
13-24    administer, on terms and conditions satisfactory to it, grants and
13-25    gifts tendered to it in aid of research and teaching at the medical
13-26    school.  The board may also accept from the federal government, any
13-27    foundation, trust fund, corporation, or individual donations,
 14-1    gifts, and grants, including real estate, buildings, libraries,
 14-2    laboratories, apparatus, equipment, records, and money, for the
 14-3    exclusive use and benefit of the medical school.  [Before
 14-4    acceptance of gifts, grants, and donations of real property, the
 14-5    board shall secure the opinion of the attorney general on the title
 14-6    of the real property to be conveyed.]
 14-7          SECTION 3.03.  Section 2251.026, Government Code, is amended
 14-8    by adding Subsection (g) to read as follows:
 14-9          (g)  No interest accrues or may be paid under this section on
14-10    a payment if the total amount of interest that would otherwise have
14-11    accrued is equal to or less than $5 and the payment is made from
14-12    the institutional funds of an institution of higher education as
14-13    defined by Section 61.003, Education Code.
14-14          SECTION 3.04.  Subchapter Z, Chapter 51, Education Code, is
14-15    amended by adding Section 51.967 to read as follows:
14-16          Sec. 51.967.  LIMITATION ON EDUCATIONAL DEBT.  No statute of
14-17    limitations shall apply to a lawsuit, to the enforcement of a
14-18    judgment, or to any other legal action to collect an educational
14-19    debt owed to an institution of higher education or to the Texas
14-20    Higher Education Coordinating Board.
14-21          SECTION 3.05.  The change in law made by this article to
14-22    Section 2251.026, Government Code, applies only to interest on a
14-23    payment by an institution of higher education that becomes overdue
14-24    under Chapter 2251, Government Code, on or after the effective date
14-25    of this Act.  Interest on a payment by an institution of higher
14-26    education that becomes overdue under Chapter 2251, Government Code,
14-27    before that date is governed by Section 2251.026, Government Code,
 15-1    as that section exists on the date the payment becomes overdue, and
 15-2    the prior law is continued in effect for that purpose.
 15-3          SECTION 3.06.  Section 66.08(h), Education Code, is amended
 15-4    to read as follows:
 15-5          (h)  The corporation:
 15-6                (1)  is subject to the Texas Non-Profit Corporation Act
 15-7    (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes); and
 15-8                (2)  is subject to the provisions of Chapter 551,
 15-9    Government Code (the open meetings law), that apply to the board of
15-10    regents of The University of Texas System, except that the board of
15-11    directors of the corporation:
15-12                      (A)  may discuss an investment or potential
15-13    investment with one or more employees of the corporation or with a
15-14    third party to the extent permitted to the board of trustees of the
15-15    Texas growth fund under Section 551.075, Government Code; and
15-16                      (B)  is not subject to Section 551.121 or Section
15-17    551.125, Government Code, rather any director of the corporation
15-18    may attend any meeting of the board of directors by telephone
15-19    conference call provided that the telephone conference is audible
15-20    to the public at the meeting location specified in the notice of
15-21    the meeting during each part of the meeting that is required to be
15-22    open to the public.
15-23                           ARTICLE 4.  REPORTING
15-24          SECTION 4.01.  Section 2166.101, Government Code, is amended
15-25    by adding Subsection (f) to read as follows:
15-26          (f)  If information to be obtained from an institution of
15-27    higher education, as defined by Section 61.003, Education Code, for
 16-1    inclusion in the report is also included in another report to be
 16-2    made by the institution of higher education to another state
 16-3    agency, the commission, the agency receiving the other report, and
 16-4    the institution of higher education shall enter into a memorandum
 16-5    of understanding concerning the information to be reported in order
 16-6    to enable the institution of higher education to provide the
 16-7    required information in the most cost-effective manner taking into
 16-8    account the costs to each affected agency.  This subsection does
 16-9    not limit the authority of the state auditor to request and receive
16-10    information directly from an institution of higher education.
16-11          SECTION 4.02.  Section 2167.005, Government Code, is amended
16-12    by adding Subsection (c) to read as follows:
16-13          (c)  If information to be included in the report is also
16-14    included in another report to be made by the institution of higher
16-15    education to another state agency, the commission, the agency
16-16    receiving the other report, and the institution of higher education
16-17    shall enter into a memorandum of understanding concerning the
16-18    information to be reported in order to enable the institution of
16-19    higher education to provide the required information in the most
16-20    cost-effective manner taking into account the costs to each
16-21    affected agency.
16-22                      ARTICLE 5.  STRATEGIC PLANNING
16-23          SECTION 5.01.  Section 2056.001, Government Code, is amended
16-24    to read as follows:
16-25          Sec. 2056.001.  DEFINITION.  In this chapter, "state agency"
16-26    means a department, board, commission, or other entity of state
16-27    government, other than [including] a university system or [and] an
 17-1    institution of higher education as defined by Section 61.003,
 17-2    Education Code, that:
 17-3                (1)  has authority that is not limited to a
 17-4    geographical portion of the state;
 17-5                (2)  was created by the constitution or a state statute
 17-6    with an ongoing mission and responsibilities;
 17-7                (3)  is not the office of the governor or lieutenant
 17-8    governor;
 17-9                (4)  is not within the judicial or legislative branch
17-10    of government; and
17-11                (5)  is not a committee created under state law whose
17-12    primary function is to advise an agency[; and]
17-13                [(6)  is not a state-funded junior or community
17-14    college].
17-15                    ARTICLE 6.  OTHER FINANCIAL MATTERS
17-16          SECTION 6.01.  Subchapter E, Chapter 54, Education Code, is
17-17    amended by adding Section 54.5011 to read as follows:
17-18          Sec. 54.5011.  CREDIT CARD FEES.  (a)  An institution of
17-19    higher education that accepts payment of tuition, a fee, or other
17-20    charge by credit card may charge the credit card user a fee for
17-21    processing the payment.
17-22          (b)  A fee charged under this section may not exceed the
17-23    amount charged the institution by the issuer of the credit card in
17-24    connection with the payment.
17-25          (c)  Before accepting a payment by credit card, the
17-26    institution shall notify the student of any fee to be charged under
17-27    this section.
 18-1          SECTION 6.02.  Chapter 103, Education Code, is amended by
 18-2    adding Section 103.11 to read as follows:
 18-3          Sec. 103.11.  ACQUISITION OF MUSEUM. (a)  The board may
 18-4    acquire by gift or donation a museum and any related property.
 18-5          (b)  The Texas Higher Education Coordinating Board shall
 18-6    include in the funding formula applicable to the university funding
 18-7    for the operation and maintenance of a museum acquired under
 18-8    Subsection (a).
 18-9          SECTION 6.03.  Section 54.010, Education Code, as added by
18-10    Chapter 1558, Acts of the 76th Legislature, Regular Session, 1999,
18-11    is repealed.
18-12                        ARTICLE 7.  EFFECTIVE DATE
18-13          SECTION 7.01.  This Act takes effect immediately if it
18-14    receives a vote of two-thirds of all the members elected to each
18-15    house, as provided by Section 39, Article III, Texas Constitution.
18-16    If this Act does not receive the vote necessary for immediate
18-17    effect, this Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1545 was passed by the House on March
         29, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1545 on May 1, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1545 was passed by the Senate, with
         amendments, on April 26, 2001, by the following vote:  Yeas 29,
         Nays 0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor