LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 27, 2001 TO: Honorable James E. "Pete" Laney, Speaker of the House, House of Representatives FROM: John Keel, Director, Legislative Budget Board IN RE: HB1545 by Uher (Relating to the operation, regulation, administration, and financing of public institutions of higher education.), As Passed 2nd House ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB1545, As Passed 2nd House: negative impact of $(600,000) * * through the biennium ending August 31, 2003. * * * * The bill would make no appropriation but could provide the legal * * basis for an appropriation of funds to implement the provisions of * * the bill. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2002 $(300,000) * * 2003 (300,000) * * 2004 (300,000) * * 2005 (300,000) * * 2006 (300,000) * **************************************************** All Funds, Five-Year Impact: ***************************************************** * Fiscal Year Probable Savings/(Cost) from * * General Revenue Fund * * 0001 * * 2002 $(300,000) * * 2003 (300,000) * * 2004 (300,000) * * 2005 (300,000) * * 2006 (300,000) * ***************************************************** Fiscal Analysis If passed, this bill would exempt higher education institutions (institutions) from several State regulations or requirements. Institutions would be exempted from purchasing regulations except rules regarding historically underutilized businesses, and could purchase goods or services by the method that provides the best value. Institutions would be exempted from regulations regarding leave and holidays. Leave provisions for employees at institutions could be amended to allow institutions to combine vacation leave, sick leave and holidays. Institutions would be required to enter into a memorandum of understanding with the Teacher Retirement System of Texas, the Employees Retirement System of Texas, and the Texas Higher Education Coordinating Board concerning awards of accrued leave or other related issues. The bill would authorize institutions to grant merit salary increases, including one-time merit payments. The bill would authorize institutions to pay employees with multiple appointments for working more than 40 hours a week in lieu of compensatory time. The bill would authorize institutions to employ a person who has retired from state government. The bill would allow institutions to notify employees by use of electronic media. The bill would authorize institutions to pay employees for the accrued balance of the employee's vacation time even if the employee is re-employed by the state within 30 days of separation. The bill would authorize institutions to reduce employees salary for parking and would eliminate the provision that these funds be used only for employee parking facilities. In addition, the bill would allow institutions to reduce employees' salary for club memberships, recreational sport membership or similar programs. This bill would simplify reporting requirements for institutions, and it would eliminate the requirement that certain institutions secure the opinion of the Attorney General on the conveyance of title of any real property given to those institutions. Institutions would be exempted from strategic planning requirements. This bill would authorize institutions to charge a credit card user a processing fee. This bill would authorize Midwestern State University to acquire a museum and requires funding for the museum to be included in formula funding. Methodology Article 1 of this bill would partially implement recommendation ED-4 from the Comptroller's report, e-Texas: Smaller, Smarter, Faster Government. This portion of the bill would simplify and deregulate the procurement process at institutions of higher education. Although institutions could save money under the bill's provisions, it is assumed any funds saved through greater efficiencies would be retained by the institutions for use elsewhere, resulting in no significant fiscal impact on the State. The provisions of the bill addressing leave, merit salary increases, and hiring retirees could have an effect on the budgets of institutions of higher education, as well as on the State's retirement systems. Additional information from the institutions is needed to determine the potential cost for these provisions. Any salary increases paid from general revenue would result in retirement benefits equal to six percent of the salary increases. Simplifying reporting requirements of universities could reduce administrative costs. It is assumed that any funds saved through greater efficiencies would be retained by the institutions for use elsewhere, resulting in no significant fiscal impact on the State. Allowing institutions of higher education to charge a convenience fee to students using a credit card to pay for tuition, fees and other charges would increase revenues to the institutions. However, these fees would be auxiliary in nature and would not impact State appropriations. Based on analysis by the Texas Higher Education Coordinating Board, the cost for the operation and maintenance of a museum is $300,000 a year. Formula funding does not provide funding for museum. Therefore it is assumed that special item funding would be provided for the museum. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JK, CT, DB