By Uher                                               H.B. No. 1545
         77R3357 JSA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the operation, regulation, and administration of public
 1-3     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;
 2-6                 (7)  the total long-term cost to the institution [unit]
 2-7     of acquiring the vendor's goods or services; and
 2-8                 (8)  any other relevant factor that a private business
 2-9     entity would consider in selecting a vendor.
2-10           (c)  The state auditor may audit purchases of goods or
2-11     services by an institution of higher education [a medical and
2-12     dental unit].
2-13           (d)  To the extent of any conflict, this section prevails
2-14     over any other law, including Chapters 2155, 2156, 2157, 2158, and
2-15     2170, Government Code, except a law or rule relating to contracting
2-16     with historically underutilized businesses.  An institution of
2-17     higher education may, but is not required to, acquire goods or
2-18     services as provided by Chapters 2155, 2156, 2157, 2158, and 2170,
2-19     Government Code.
2-20           (e)  In this section, "institution of higher education"
2-21     ["medical and dental unit"] has the meaning assigned by Section
2-22     61.003 and includes a school of veterinary medicine and a health
2-23     care facility operated by a medical and dental unit, except that
2-24     the term does not include The University of Texas M. D. Anderson
2-25     Cancer Center.
2-26           SECTION 1.02. Subchapter B, Chapter 497, Government Code, is
2-27     amended by adding Section 497.0211 to read as follows:
 3-1           Sec. 497.0211.  EXCEPTION:  INSTITUTIONS OF HIGHER EDUCATION.
 3-2     This subchapter does not apply to an institution of higher
 3-3     education, as defined by Section 61.003, Education Code.
 3-4           SECTION 1.03. Section 2155.067(b), Government Code, is
 3-5     amended to read as follows:
 3-6           (b)  The agency head or the presiding officer of the agency's
 3-7     governing body must sign the written justification.  [For an
 3-8     institution of higher education, the individual designated by the
 3-9     president or governing body as purchasing officer for the
3-10     institution may sign the written justification.]
3-11           SECTION 1.04. Section 2155.268(a), Government Code, is
3-12     amended to read as follows:
3-13           (a)  A state agency may not maintain and use its own bidders
3-14     list.  The prohibition of this subsection does not apply to the
3-15     Texas Department of Transportation [or to an institution of higher
3-16     education as defined by Section 61.003, Education Code, but an
3-17     institution of higher education should use the master bidders list
3-18     when possible].
3-19           SECTION 1.05. Sections 2155.133, 2155.134, and 2155.135,
3-20     Government Code, are repealed.
3-21                         ARTICLE 2.  HUMAN RESOURCES
3-22           SECTION 2.01. Subchapter Z, Chapter 51, Education Code, is
3-23     amended by adding Section 51.961 to read as follows:
3-24           Sec. 51.961.  LEAVE PROVISIONS FOR CERTAIN EMPLOYEES OF
3-25     UNIVERSITY SYSTEM. (a)  In this section:
3-26                 (1)  "Governing board," "medical and dental unit," and
3-27     "university system" have the meanings assigned by Section 61.003.
 4-1                 (2)  "Leave" includes vacation leave, sick leave, and
 4-2     holidays.
 4-3           (b)  The governing board of a university system may adopt a
 4-4     comprehensive leave policy that applies to:
 4-5                 (1)  employees working in a medical and dental unit of
 4-6     the university system; and
 4-7                 (2)  after September 1, 2005, other employees of the
 4-8     university system or any component institution of the system as
 4-9     determined appropriate by the governing board.
4-10           (c)  A policy adopted under this section may combine
4-11     vacation, sick, and holiday leave into a paid leave system that
4-12     does not distinguish or separate the types of leave to be awarded
4-13     and may award leave in an amount determined by the governing board
4-14     to be appropriate and cost-effective.
4-15           (d)  Chapters 661 and 662, Government Code, do not apply to
4-16     employees covered by a policy adopted under this section.  The
4-17     policy must include provisions addressing the subject matter of
4-18     each subchapter of Chapters 661 and 662, Government Code, and the
4-19     intended effect of the policy on the rights, duties, and
4-20     responsibilities of employees and the employing entity under those
4-21     subchapters.
4-22           (e)  A policy adopted under this section must include
4-23     provisions for:
4-24                 (1)  payment for accrued leave to:
4-25                       (A)  the estates or heirs of deceased employees;
4-26                       (B)  employees separating from the employing
4-27     entity; and
 5-1                       (C)  contributing members of state retirement
 5-2     systems who retire; and
 5-3                 (2)  awards of accrued leave to employees separating
 5-4     from the employing entity who are to be employed by other state
 5-5     agencies or institutions of higher education.
 5-6           (f)  A policy authorized by this section may include other
 5-7     matters as determined relevant and appropriate by the governing
 5-8     board.
 5-9           (g)  A policy authorized by this section must be adopted by a
5-10     governing board in an open meeting of the board.
5-11           (h)  Before implementing a policy adopted under this section,
5-12     the governing board shall enter into a memorandum of understanding
5-13     with the Teacher Retirement System of Texas, the Employees
5-14     Retirement System of Texas, and the Texas Higher Education
5-15     Coordinating Board concerning awards of accrued leave for the
5-16     purposes of retirement and other issues of concern related to the
5-17     implementation of the policy.
5-18           SECTION 2.02. Subchapter Z, Chapter 51, Education Code, is
5-19     amended by adding Section 51.962 to read as follows:
5-20           Sec. 51.962.  MERIT SALARY INCREASES. (a)  An institution of
5-21     higher education as defined by Section 61.003 may grant merit
5-22     salary increases, including one-time merit payments, to employees
5-23     described by this section.
5-24           (b)  A merit salary increase made under this section is
5-25     compensation for purposes of Chapter 659, Government Code, and
5-26     salary and wages and member compensation for purposes of Title 8,
5-27     Government Code.
 6-1           (c)  An institution of higher education may pay merit salary
 6-2     increases under this section from any funds.
 6-3           (d)  Before awarding a merit salary increase under this
 6-4     section, an institution of higher education must adopt criteria for
 6-5     the granting of merit salary increases.
 6-6           (e)  To be eligible for a merit salary increase under this
 6-7     section, an employee must have been employed by the institution of
 6-8     higher education for the six months immediately preceding the
 6-9     effective date of the increase and at least six months must have
6-10     elapsed since the employee's last merit salary increase.
6-11           SECTION 2.03. Subchapter Z, Chapter 51, Education Code, is
6-12     amended by adding Section 51.963 to read as follows:
6-13           Sec. 51.963.  EMPLOYEE WITH MULTIPLE APPOINTMENTS. A
6-14     full-time employee of an institution of higher education as defined
6-15     by Section 61.003 who has appointments to more than one position at
6-16     the same institution may receive pay for working more than 40 hours
6-17     in a week if the institution determines that pay in lieu of
6-18     compensatory time is in the best interests of the institution.
6-19           SECTION 2.04. Subchapter Z, Chapter 51, Education Code, is
6-20     amended by adding Section 51.964 to read as follows:
6-21           Sec. 51.964.  HIRING OF CERTAIN RETIREES. (a)  An institution
6-22     of higher education as defined by Section 61.003 may employ a
6-23     person who has retired under any provision of Title 8, Government
6-24     Code, if the governing board of the institution determines that the
6-25     employment is in the best interests of the institution.
6-26           (b)  The governing board may pay a person employed under this
6-27     section an amount considered by the governing board to be
 7-1     appropriate.  A person employed under this section may participate
 7-2     in the appropriate retirement system under Title 8, Government
 7-3     Code.
 7-4           (c)  A person employed under this section may not continue to
 7-5     receive retirement benefits under other state law if the person is
 7-6     employed by the institution on a greater than one-half time basis
 7-7     according to rules adopted by the Teacher Retirement System of
 7-8     Texas under Section 824.602, Government Code.
 7-9           (d)  This section prevails over other law governing the
7-10     hiring of retired employees by an institution of higher education
7-11     to the extent of any conflict.
7-12           SECTION 2.05. Subchapter Z, Chapter 51, Education Code, is
7-13     amended by adding Section 51.965 to read as follows:
7-14           Sec. 51.965.  EMPLOYEE NOTIFICATION. (a)  If a state law
7-15     requires an institution of higher education as defined by Section
7-16     61.003 to provide written notification to its officers or employees
7-17     of any requirement, right, duty, or responsibility provided by
7-18     state law, the institution may provide the notification by use of
7-19     electronic media.
7-20           (b)  An institution of higher education may adopt rules and
7-21     guidelines to ensure that notification provided by electronic media
7-22     under this section is effective and that any required notification
7-23     is provided to officers and employees who do not have access to
7-24     electronic media.
7-25           SECTION 2.06. Section 661.062(a), Government Code, is amended
7-26     to read as follows:
7-27           (a)  A state employee who, at any time during the employee's
 8-1     lifetime, has accrued six months of continuous state employment and
 8-2     who resigns, is dismissed, or otherwise separates from state
 8-3     employment by a state agency other than an institution of higher
 8-4     education is entitled to be paid for the accrued balance of the
 8-5     employee's vacation time as of the date of separation, if the
 8-6     individual is not reemployed by the state in a position under which
 8-7     the employee accrues vacation leave during the 30-day period
 8-8     immediately following the date of separation from state employment.
 8-9     A state employee who, at any time during the employee's lifetime,
8-10     has accrued six months of continuous state employment and who
8-11     resigns, is dismissed, or otherwise separates from state employment
8-12     by an institution of higher education is entitled to be paid for
8-13     the accrued balance of the employee's vacation time as of the date
8-14     of separation.
8-15           SECTION 2.07. The heading to Subchapter J, Chapter 659,
8-16     Government Code, is amended to read as follows:
8-17          SUBCHAPTER J. PAYROLL REDUCTION OR DEDUCTION FOR CERTAIN
8-18               EMPLOYEE BENEFITS [OF PARKING FEES AND PERMITS]
8-19                     AT INSTITUTIONS OF HIGHER EDUCATION
8-20           SECTION 2.08. Section 659.202, Government Code, is amended to
8-21     read as follows:
8-22           Sec. 659.202.  PAYROLL REDUCTION OR DEDUCTION AUTHORIZED; USE
8-23     OF FUNDS. (a)  An employee of an institution of higher education
8-24     may authorize in writing a reduction [deduction] each pay period
8-25     from the employee's salary or wage payment for the payment of any
8-26     fee or charge for parking, a parking permit, a transportation pass,
8-27     or other qualified transportation benefit authorized under Section
 9-1     132(f), Internal Revenue Code of 1986, as amended [parking fees
 9-2     charged by the institution of higher education or for the purchase
 9-3     of a parking permit from an institution of higher education].  An
 9-4     authorization for a reduction [deduction] under this subchapter by
 9-5     the employee must be [is] voluntary.  The institution shall
 9-6     determine which fee or charge an employee may pay under this
 9-7     subsection.
 9-8           (b)  An employee of an institution of higher education may
 9-9     authorize in writing a deduction each pay period from the
9-10     employee's salary or wage payment for the payment of any fee or
9-11     charge for parking or for a club membership, recreational sports
9-12     membership, or similar activity or program.  An authorization for a
9-13     deduction under this subchapter by the employee must be voluntary.
9-14     The institution shall determine which fee or charge an employee may
9-15     pay under this subsection. [Funds collected under this section may
9-16     be used only to provide parking facilities for employees of the
9-17     institution.]
9-18           SECTION 2.09. Subchapter J, Chapter 659, Government Code, is
9-19     amended by adding Section 659.205 to read as follows:
9-20           Sec. 659.205.  STATUS OF DEDUCTION OR SALARY REDUCTION. (a)
9-21     If so designated by the employing institution of higher education,
9-22     a salary deduction made by an employee under this subchapter shall
9-23     be considered compensation under this chapter and salary and wages
9-24     and member compensation under Title 8.
9-25           (b)  If authorized by federal law, a salary deduction or
9-26     salary reduction under this subchapter may be made on a pretax
9-27     basis.
 10-1          SECTION 2.10. Section 822.201(b), Government Code, is amended
 10-2    to read as follows:
 10-3          (b)  "Salary and wages" as used in Subsection (a) means:
 10-4                (1)  normal periodic payments of money for service the
 10-5    right to which accrues on a regular basis in proportion to the
 10-6    service performed;
 10-7                (2)  amounts by which the member's salary is reduced
 10-8    under a salary reduction agreement authorized by Chapter 610;
 10-9                (3)  amounts that would otherwise qualify as salary and
10-10    wages under Subdivision (1) but are not received directly by the
10-11    member pursuant to a good faith, voluntary written salary reduction
10-12    agreement in order to finance payments to a deferred compensation
10-13    or tax sheltered annuity program specifically authorized by state
10-14    law or to finance benefit options under a cafeteria plan qualifying
10-15    under Section 125 of the Internal Revenue Code of 1986 (26 U.S.C.
10-16    Section 125), if:
10-17                      (A)  the program or benefit options are made
10-18    available to all employees of the employer; and
10-19                      (B)  the benefit options in the cafeteria plan
10-20    are limited to one or more options that provide deferred
10-21    compensation, group health and disability insurance, group term
10-22    life insurance, dependent care assistance programs, or group legal
10-23    services plans;
10-24                (4)  performance pay awarded to an employee by a school
10-25    district as part of a total compensation plan approved by the board
10-26    of trustees of the district and meeting the requirements of
10-27    Subsection (e); [and]
 11-1                (5)  the benefit replacement pay a person earns under
 11-2    Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
 11-3    74th Legislature, 1995, except as provided by Subsection (c); [and]
 11-4                (6)  stipends paid to teachers in accordance with
 11-5    Section 21.410, Education Code;
 11-6                (7)  amounts by which the member's salary is reduced or
 11-7    that are deducted from the member's salary as authorized by
 11-8    Subchapter J, Chapter 659; and
 11-9                (8)  a merit salary increase made under Section 51.962,
11-10    Education Code.
11-11          SECTION 2.11. Subchapter D, Chapter 54, Education Code, is
11-12    amended by adding Section 54.220 to read as follows:
11-13          Sec. 54.220.  EMPLOYEES OF INSTITUTIONS OF HIGHER EDUCATION.
11-14    The governing board of an institution of higher education may
11-15    exempt full-time employees of the institution from the payment of
11-16    all or a portion of tuition or fees of the type and in the amount
11-17    determined under a written policy adopted by the governing board.
11-18                     ARTICLE 3.  FINANCIAL MANAGEMENT
11-19          SECTION 3.01. Section 74.103, Education Code, is amended to
11-20    read as follows:
11-21          Sec. 74.103.  GIFTS AND GRANTS. The board may accept and
11-22    administer, on terms and conditions satisfactory to it, grants and
11-23    gifts tendered to it in aid of research and teaching at the medical
11-24    school.  The board may also accept from the federal government or
11-25    any foundation, trust fund, corporation, or individual donations,
11-26    gifts, and grants, including real estate, buildings, libraries,
11-27    laboratories, apparatus, equipment, records, and leases, for the
 12-1    exclusive use and benefit of the medical school.  [Before
 12-2    acceptance of gifts, grants, and donations of real property, the
 12-3    board shall secure the opinion of the attorney general on the title
 12-4    of the real property to be conveyed.]
 12-5          SECTION 3.02. Section 74.153, Education Code, is amended to
 12-6    read as follows:
 12-7          Sec. 74.153.  GIFTS AND GRANTS. The board may accept and
 12-8    administer, on terms and conditions satisfactory to it, grants and
 12-9    gifts tendered to it in aid of research and teaching at the medical
12-10    school.  The board may also accept from the federal government, any
12-11    foundation, trust fund, corporation, or individual donations,
12-12    gifts, and grants, including real estate, buildings, libraries,
12-13    laboratories, apparatus, equipment, records, and money, for the
12-14    exclusive use and benefit of the medical school.  [Before
12-15    acceptance of gifts, grants, and donations of real property, the
12-16    board shall secure the opinion of the attorney general on the title
12-17    of the real property to be conveyed.]
12-18          SECTION 3.03. Section 54.006(a), Education Code, is amended
12-19    to read as follows:
12-20          (a)  A general academic teaching institution or medical and
12-21    dental unit, as soon as practicable, shall refund the amount of
12-22    fees and tuition in excess of the minimum tuition collected for
12-23    courses from which a student drops [students drop] within the first
12-24    12 days of a fall or spring semester or within the first four days
12-25    of a summer term.  The institution or medical and dental unit may
12-26    not delay a refund under this subsection on the grounds that the
12-27    student may withdraw from the institution or unit later in the
 13-1    semester or term. The institution or unit may pay refunds under
 13-2    this subsection on a pro rata basis taking into account the total
 13-3    amount of tuition and fees paid by the student, the total number of
 13-4    semester credit hours for which the student originally enrolled,
 13-5    and the number of semester credit hours for which the student
 13-6    remains enrolled.  An institution may assess a nonrefundable $15
 13-7    matriculation fee if the student withdraws from the institution
 13-8    before the first day of classes.
 13-9          SECTION 3.04.  Subchapter D, Chapter 54, Education Code, is
13-10    amended by adding Section 54.202 to read as follows:
13-11          Sec. 54.202.  PRORATION OF EXEMPTIONS.  In determining the
13-12    amount of a fee or tuition waiver or exemption to which a student
13-13    is entitled to receive under this chapter, an institution of higher
13-14    education may set the amount of the waiver or exemption on a pro
13-15    rata basis taking into account the total number of semester credit
13-16    hours for which the student is enrolled, the amount of tuition and
13-17    fees that would be paid by the student without the exemption or
13-18    waiver, and the type or amount of tuition or fee to be waived or
13-19    exempted.
13-20          SECTION 3.05.  Section 51.002(a), Education Code, is amended
13-21    to read as follows:
13-22          (a)  The governing board of each institution listed in
13-23    Section 51.001 of this code may retain control of the following
13-24    sums of money collected at the institution, subject to Section
13-25    51.008 of this code:
13-26                (1)  student tuition and fees of all kinds;
13-27                (2)  charges for use of rooms and dormitories;
 14-1                (3)  receipts from meals, cafes, and cafeterias;
 14-2                (4)  fees on deposit refundable to students under
 14-3    certain conditions;
 14-4                (5)  receipts from school athletic activities;
 14-5                (6)  income from student publications and other student
 14-6    activities;
 14-7                (7)  receipts from the sale of publication products and
 14-8    miscellaneous supplies and equipment;
 14-9                (8)  students' voluntary deposits of money for
14-10    safekeeping;
14-11                (9)  all other fees and local or institutional funds
14-12    arising out of and by virtue of the educational activities,
14-13    research, or demonstrations carried on by the institution;  and
14-14                (10)  donations and gifts to the institution.
14-15          SECTION 3.06.  Section 51.008(b), Education Code, is amended
14-16    to read as follows:
14-17          (b)  The governing board of every state institution of higher
14-18    education shall deposit in the state treasury all cash receipts
14-19    accruing to any college or university under its control that may be
14-20    derived from all sources except tuition, laboratory and special
14-21    course fees, auxiliary enterprises, noninstructional services,
14-22    agency, designated, and restricted funds, endowment and other gift
14-23    funds, student loan funds, funds retained under Chapter 145 of this
14-24    code, and Constitutional College Building Amendment funds.  The
14-25    comptroller is directed to credit such receipts deposited by each
14-26    such institution to a separate fund account for the institution
14-27    depositing the receipts, but the comptroller [he] shall not be
 15-1    required to keep separate accounts of types of funds deposited by
 15-2    each institution.  For the purpose of facilitating the transferring
 15-3    of such institutional receipts to the state treasury, each
 15-4    institution shall open in a local depository bank a clearing
 15-5    account to which it shall deposit daily all such receipts, and
 15-6    shall, not less often than every seven days, make remittances
 15-7    therefrom to the comptroller of all except $500 of the total
 15-8    balance in said clearing account, such remittances to be in the
 15-9    form of checks drawn on the clearing account by the duly authorized
15-10    officers of the institution, and no disbursements other than
15-11    remittances to the state treasury shall be made from such clearing
15-12    account.  All money so deposited in the state treasury shall be
15-13    paid out on warrants drawn by the comptroller as provided by law.
15-14                           ARTICLE 4.  REPORTING
15-15          SECTION 4.01.  Section 2166.101, Government Code, is amended
15-16    by adding Subsection (f) to read as follows:
15-17          (f)  If information to be obtained from an institution of
15-18    higher education, as defined by Section 61.003, Education Code, for
15-19    inclusion in the report is also included in another report to be
15-20    made by the institution of higher education to another state
15-21    agency, the commission, the agency receiving the other report, and
15-22    the institution of higher education shall enter into a memorandum
15-23    of understanding concerning the information to be reported in order
15-24    to enable the institution of higher education to provide the
15-25    required information in the most cost-effective manner taking into
15-26    account the costs to each affected agency.
15-27          SECTION 4.02.  Section 2167.005, Government Code, is amended
 16-1    by adding Subsection (c) to read as follows:
 16-2          (c)  If information to be included in the report is also
 16-3    included in another report to be made by the institution of higher
 16-4    education to another state agency, the commission, the agency
 16-5    receiving the other report, and the institution of higher education
 16-6    shall enter into a memorandum of understanding concerning the
 16-7    information to be reported in order to enable the institution of
 16-8    higher education to provide the required information in the most
 16-9    cost-effective manner taking into account the costs to each
16-10    affected agency.
16-11                      ARTICLE 5.  STRATEGIC PLANNING
16-12          SECTION 5.01.  Section 2056.001, Government Code, is amended
16-13    to read as follows:
16-14          Sec. 2056.001.  DEFINITION.  In this chapter, "state agency"
16-15    means a department, board, commission, or other entity of state
16-16    government, other than [including] a university system or [and] an
16-17    institution of higher education as defined by Section 61.003,
16-18    Education Code, that:
16-19                (1)  has authority that is not limited to a
16-20    geographical portion of the state;
16-21                (2)  was created by the constitution or a state statute
16-22    with an ongoing mission and responsibilities;
16-23                (3)  is not the office of the governor or lieutenant
16-24    governor;
16-25                (4)  is not within the judicial or legislative branch
16-26    of government; and
16-27                (5)  is not a committee created under state law whose
 17-1    primary function is to advise an agency[; and]
 17-2                [(6)  is not a state-funded junior or community
 17-3    college].
 17-4                    ARTICLE 6.  OTHER FINANCIAL MATTERS
 17-5          SECTION 6.01.  Section 54.502(a), Education Code, is amended
 17-6    to read as follows:
 17-7          (a)  An institution of higher education shall collect a
 17-8    reasonable deposit not to exceed $50 [$10] from each student to
 17-9    insure the institution against losses, damages, and breakage in
17-10    libraries and laboratories.  The deposit shall be returned on the
17-11    withdrawal or graduation of a student, less any loss, damage, or
17-12    breakage caused by the student.
17-13          SECTION 6.02.  Subchapter E, Chapter 54, Education Code, is
17-14    amended by adding Section 54.5011 to read as follows:
17-15          Sec. 54.5011.  CREDIT CARD FEES.  An institution of higher
17-16    education that accepts payment of tuition, a fee, or other charge
17-17    by credit card may charge the credit card user a fee for processing
17-18    the payment.
17-19          SECTION 6.03.  Section 54.010, Education Code, as added by
17-20    Chapter 1053, Acts of the 76th Legislature, Regular Session, 1999,
17-21    is repealed.
17-22                        ARTICLE 7.  EFFECTIVE DATE
17-23          SECTION 7.01.  This Act takes effect immediately if it
17-24    receives a vote of two-thirds of all the members elected to each
17-25    house, as provided by Section 39, Article III, Texas Constitution.
17-26    If this Act does not receive the vote necessary for immediate
17-27    effect, this Act takes effect September 1, 2001.