SRC-JLB, AMY C.S.S.B. 1652 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 1652
By: Shapiro
Education
5/6/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

Currently, Texas higher education institutions are subject to a plethora
of laws, regulations, policies, and procedures mandated by the state and
federal governments, regulatory agencies, and private-sector
organizations.  C.S.S.B. 1652 sets forth a guide for the administration,
operation, governance, and financing of Texas higher education
institutions. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

ARTICLE 1.  FINANCIAL MATTERS

SECTION 1.01.  Amends Section 11.11(e), Tax Code, to provide that property
that is held or dedicated for the support, maintenance, or benefit of an
institution of higher education as defined by Section 61.003, Education
Code, but is not rented or leased for compensation to a private business
enterprise to be used by it for a purpose not related to the performance
of the duties and functions of the state or institution or is not rented
or leased to provide private residential housing to members of the public
other than students and employees of the state or institution is not
taxable.  Provides that if a portion of property of an institution of
higher education is used for public purposes and a portion is not used for
those purposes, the portion of the property used for public purposes is
exempt under this subsection.  Provides that property bequeathed to an
institution is exempt from the assessment of ad valorem taxes from the
date of the decedent's death, unless a certain condition exists. 

SECTION 1.02.  Amends Section 2254.021(2), Government Code, to redefine
"major consulting services contract."  

SECTION 1.03.  Amends Section 2254.028, Government Code, by adding
Subsection (c) to provide that Subsection (a)(3) does not apply to a major
consulting services contract to be entered into by an institution of
higher education other than a public junior college if the institution
includes in the invitation published under Section 2254.029 a finding by
the chief executive officer of the institution that the consulting
services are necessary and an explanation of that finding. 
 
SECTION 1.04.  Amends Sections 2254.031(b) and (d), Government Code, as
follows: 
 
(b)  Requires a state agency that intends to renew a contract that is not
a major consulting services contract to comply with Sections 2254.028 and
2254.029 if the original contract and the renewal contract have a
reasonably foreseeable value totaling more than $15,000, or $25,000 for an
institution of higher education other than a public junior college. 

 (d)  Makes a conforming change.

SECTION 1.05.  Amends Section 54.5011, Education Code, as follows:
 
Sec. 54.5011.  New heading:  CHARGES AND FEES FOR CERTAIN PAYMENTS.  (a)
Provides that this section applies to a payment of tuition, a fee, or
another charge to an institution of higher education that fits certain
criteria. 

(b)  Authorizes an institution of higher education to charge a certain fee
or other amount in connection with a payment to which this section
applies, in addition to the amount of the tuition, fee, or other charge
being paid.  Deletes text regarding a credit card fee. 

(c)  Requires a fee or other charge under this section to be in an amount
reasonably related to the expense incurred by the institution in
processing and handling the payment or payment transaction.  Deletes text
prohibiting a certain amount from being exceeded, and text requiring the
institution to notify the student of any fee to be charged under this
section. 

SECTION 1.06.  Amends Section 153.006, Education Code, as follows:
 
Sec. 153.006.  SUPPORT OF CENTERS.  (a)  Authorizes an institution of
higher education, in order to carry out the purposes of this chapter and
to support the activities of centers described in this chapter, to the
extent authorized by its governing board, to perform certain acts,
including to enter into certain contracts for legal services with a
competent lawyer or law firm. 

(b)  Authorizes the fees or other compensation paid in connection with a
legal services contract authorized by Subsection (a) to be paid on a
contingency fee basis, at an hourly rate, or on another basis the
governing board of the institution considers appropriate. 
 
SECTION 1.07.  Amends Section 2254.102, Government Code, by adding
Subsection (c), to provide that this subchapter does not apply to a
contract for legal services entered into by an institution of higher
education under Section 153.006, Education Code. 
 
SECTION 1.08.  Amends Section 404.097(d), Government Code, to authorize
legal fees and expenses to be paid from the recovered funds under a
contingent fee contract for legal services only under certain conditions. 

SECTION 1.09.  Amends Section 21.042, Property Code, by adding Subsection
(f) to prohibit the special commissioners, in awarding compensation or
assessing damages for a condemnation by an institution of higher
education, as defined by Section 61.003, Education Code, from including in
the compensation or damages any amount that compensates for, or is based
on the present value of, an exemption from ad valorem taxation applicable
to the property before its condemnation. 
 
SECTION 1.10.  Amends Section 55.004, Property Code, by adding Subsection
(f), to provide that if the physician is employed in that capacity by an
institution of higher education, as defined by Section 61.003
(Definitions), Education Code, and the lien does not include the amount of
the physician's reasonable and necessary charges described by Subsection
(c), the physician has a lien on the cause of action in the same manner as
a hospital under this chapter.  Provides that the lien is subject to
provisions of this chapter applicable to a hospital lien.  Authorizes the
physician or the physician's employing institution to secure and enforce
the lien in the manner provided by this chapter. 

SECTION 1.11.  Amends Subchapter A, Chapter 56, Education Code by adding
Section 56.004, as follows: 

Sec. 56.004.  FILING FEES IN SUITS TO COLLECT DELINQUENT STUDENT LOANS.
Requires the institution of higher education, if it brings suit to collect
or enforce the repayment of a delinquent student loan, to pay in advance
one-half of the applicable filing fee and other costs payable in advance
to the clerk of the court, notwithstanding any other law.  Requires the
institution, if the defaulting borrower  prevails in the suit, to pay the
remaining one-half of the filing fee and costs on the date of the final
disposition of the suit.  Sets forth the required actions should the
institution prevail. 

SECTION 1.12.  Amends Section 403.072, Government Code, by adding
Subsection (d) prohibit the comptroller, in its rules adopted under this
section, from requiring an institution of higher education, as defined by
Section 61.003 (Definitions), Education Code, that processes its own
payroll to submit payroll information to the comptroller relating to
individual employees of the institution that is not required by the
comptroller to make any distribution of state money to the institution to
cover the institution's payroll. 

SECTION 1.13.  Makes application of Section 56.004, Education Code, as
added by this Act, prospective.  

ARTICLE 2.  HUMAN RESOURCES

SECTION 2.01.  Amends Section 609.001, Government Code by adding
Subdivision (2-a) and amending Subdivision (8) to define "institution of
higher education" and make a conforming change. 

SECTION 2.02.  Amends Section 609.002, Government Code, to include an
institution of higher education, or a group of institutions of higher
education, in the list of entities that create 457 or 401(k) plans, for
which vendor can be a qualified vendor under certain circumstances. Makes
a nonsubstantive change. 

SECTION 2.03.  Amends Section 609.003(b), Government Code, to require the
approval of an investment product for a 401(k) plan of a political
subdivision, or a group thereof; an institution of higher education; or a
457 plan of an institution of higher education to be in accordance with a
contract between the plan administrator and a qualified vendor. 

SECTION 2.04.  Amends Section 609.007, Government Code, by adding
Subsection (e), to authorize an institution of higher education to
contract with an employee of the institution of higher education for the
deferment of any part of the employee's compensation. 

SECTION 2.05.  Amends Chapter 609, Government Code, by adding Subchapter
D, as follows: 

SUBCHAPTER D.  DEFERRED COMPENSATION PLANS FOR EMPLOYEES OF INSTITUTIONS
OF HIGHER EDUCATION. 

Sec. 609.701.  DEFINITIONS.  Defines "deferred compensation plan,"
"deferred compensation trust fund," and "investment product." 

Sec. 609.702.  CREATION OF PLAN.  (a) Authorizes an institution of higher
education to create and administer for its employees a 457 plan under this
subchapter. 

(b) Authorizes an institution of higher education  to contract with other
institutions of higher education to create a single deferred compensation
plan for their employees under Subsection (a). 

Sec. 609.703.  DESIGNATION OF PLAN ADMINISTRATOR.  (a) Requires an
institution of higher education that creates a deferred compensation plan
to designate a plan administrator for the plan. 

(b) Requires institutions of higher education that create a single plan to
designate jointly a plan administrator for the plan. 

(c) Authorizes certain persons and entities to be a plan administrator.

Sec. 609.704.  REMOVAL OF PLAN ADMINISTRATOR.  Authorizes an institution
of  higher education, or group of institutions of higher education, that
designates a plan administrator to remove that plan administrator at any
time unless specifically provided otherwise by the contract. 

Sec. 609.705.  OVERSIGHT COMMITTEE.  (a) Authorizes an institution of
higher education, or group of institutions of higher education, that
creates a deferred compensation plant to direct and supervise the plan
administrator's activities through an oversight committee. 

(b) Requires the institution of higher education, or group of institutions
of higher education, to determine the authority, activities, and
composition of an oversight committee created under this section. 

Sec. 609.706.  AUTHORITY OF PLAN ADMINISTRATOR.  (a) Requires a plan
administrator to execute necessary contracts for the administration of the
deferred compensation plan, subject to any prior approval by the
institution of higher education, or group of institutions of higher
education, that created the plan. 

(b) Requires a plan administrator to develop and implement criteria and
procedures for any matter not covered by this subchapter that the plan
administrator considers appropriate for the operation of the deferred
compensation plan. 

Sec. 609.707.  INVESTMENT AND TRANSFER OF DEFERRED AMOUNTS AND INCOME.
Require the plan administer to perform certain activities. 

Sec. 609.708.  PARTICIPATION OF INDEPENDENT CONTRACTORS.  (a) Requires the
plan administrator to determine whether a person who provides services as
an independent contractor to an institution of higher education that
created the plan is authorized to participate in the deferred compensation
plan. 

(b) Provides that for the purposes of this chapter and Subchapter A, an
independent contractor is authorized to participate in a deferred
compensation plan is treated as an employee of the institution of higher
education creating the plan. 

Sec. 609.709.  CHANGING AMOUNT DEFERRED.  Authorizes an employee to change
the amount to be deferred by notifying the plan administrator of the
change in accordance with the administrator's requirements. 

Sec. 609.710.  DISTRIBUTION.  Requires a plan administrator to develop and
implement certain procedures. 

Sec. 609.711.  FEE.  (a) Authorizes an institution of higher education, or
group of institutions of higher education, that creates a deferred
compensation plan to assess a fee for the administration of the plan
against each participating employee. 

(b) Requires the institution of higher education, or group of institutions
of higher education, to determine the method for computing and assessing
the fee. 

Sec. 609.712.  EVALUATION AND APPROVAL OF QUALIFIED VENDOR.  (a) Requires
a plan administrator to develop and implement criteria and procedures for
evaluating a vendor's application to become a qualified vendor. 

(b) Prohibits a plan administrator from approving a vendor's application
under certain circumstances. 

(c) Requires the Texas Department of Insurance (TDI), upon written
request, to certify in writing to a plan administrator whether an
insurance company is  prohibited from being approved as a qualified vendor
under Subsection (b)(3). Authorizes the plan administrator to rely on the
certification. 

Sec. 609.713.  NUMBER OF VENDORS UNDER 457 PLAN.  Requires the
administrator of a 457 plan to determine the minimum and maximum number of
vendors authorized to be qualified vendors for the plan at any given time. 

Sec. 609.714.  CONTRACT WITH QUALIFIED VENDOR.  (a) Requires the plan
administrator, after approving a vendor's application to become a
qualified vendor, to execute a written contract with the vendor to
participate in the deferred compensation plan. 

(b) Requires a plan administrator to develop and implement criteria and
procedures for evaluating a qualified vendor's investment products to
determine whether those products are acceptable as qualified investment
products. 

(c) Authorizes a qualified vendor to offer to employees participating in a
457 plan only qualified investment products. 

Sec. 609.715.  REGULATION OF QUALIFIED VENDORS.  Requires a plan
administrator to develop and implement requirements for qualified vendors
and their employees concerning certain matters. 

Sec. 609.716.  TRANSFER ON VENDOR'S FAILURE.  Authorizes an institution of
higher education, or group of institutions of higher education, that
creates a deferred compensation plan to authorize of require as a part of
the plan that the plan administrator immediately transfer to the deferred
compensation trust fund all deferred amounts and investment income from a
vendor who fails to satisfy the requirements of this subchapter or the
plan administrator. 

SECTION 2.06.  Amends Section 51.964(a), Education Code, to reduce from
one calendar year to 30 days the period of time a person must be retired
before being employed by an institution of higher education as defined by
Section 61.003 if the person retired under the Teacher Retirement System
(Subtitle C, Title 8, Government Code) or the optional retirement program
(Chapter 830, Government Code). 

SECTION 2.07.  Amends Section 659.018, Government Code, as follows:
 
Sec. 659.018.  COMPENSATORY TIME: PLACE WHERE WORK PERFORMED.  (a) Created
from existing text. 

(b)  Prohibits the employee's personal residence, for purposes of
Subsection (a), from being considered the employee's regular or
temporarily assigned place of employment unless the employee is employed
by an institution of higher education as defined by Section 61.003,
Education Code, and is participating in a telecommuting program approved
by the employee's supervisor. 

SECTION 2.8.  Amends Subchapter A, Chapter 51, Education Code, by adding
Section 51.0065, as follows: 

Sec. 51.0065.  APPLICABILITY OF ACROSS-THE-BOARD SALARY INCREASE. Entitles
an institution of higher education that has adopted a pay-for-performance
program that is in effect when an across-the-board salary increase for
state employees made by an appropriation act of the legislature takes
effect to receive any appropriation made for purposes of the
across-the-board salary increase, and authorizes the use of the amount
appropriated for an across-the-board salary increase or for increases in
compensation under the institution's pay-for-performance program. 

SECTION 2.9.  Amends Section 1601.102, Insurance Code, by amending
Subsection (b) and  adding Subsections (f) and (g), as follows: 

(b) Increases the minimum time of service with a system required for
eligibility to participate in the uniform program as provided by
Subsection (a) from three to 10 years. 

(f) Sets forth the prerequisites for an individual to whom this subsection
applies to be eligible to participate in the uniform program as provided
by Subsection (a), notwithstanding Subsection (b). 

(g) Sets forth to whom Subsection (f) applies.

SECTION 2.10.  Amends Section 659.043, Government Code, by adding
Subsection (c) to authorize a commissioned peace officer of a state
institution of higher education to receive longevity pay under this
subchapter in addition to hazardous duty pay under Subchapter L. 

SECTION 2.11.  Amends Section 659.046(f), Government Code, to provide that
the amount of an employee's lifetime service credit does not include the
period served in a hazardous duty position if the employee meets certain
criteria.  Makes a conforming change. 

SECTION 2.12.  Amends the heading to Section 51.961, Education Code, as
added by Chapter 118, Acts of the 77th Legislature, Regular Session, 2001,
to read as follows: 

Sec.  51.961.  LEAVE PROVISIONS FOR EMPLOYEES OF UNIVERSITY SYSTEM OR
COMPONENT INSTITUTION OF SYSTEM. 

SECTION 2.13.  Amends Sections 51.961(a) and (b), Education Code, as added
by Chapter 118, Acts of the 77th Legislature, Regular Session, 2001, as
follows: 

(a)  Provides that in this section "governing board" and "university
system" rather than "governing board," "university system," and "medical
and dental unit" have the meaning assigned by Section 61.003. 

(b)  Authorizes the governing board of a university system to adopt a
comprehensive leave policy that applies to employees of the university
system or any component institution of the system. 

SECTION 2.14.  Amends Section 1601.101, Insurance Code, by adding
Subsection (d), to provide that an individual is eligible to participate
in the uniform program as provided by Subsection (a) if the individual is
serving a postdoctoral fellowship with an institution in a system. 

SECTION 2.15.  Provides that the changes in law made by this article to
Sections 609.001, 609.002, 609.003, and 609.007, Government Code, and
Subchapter D, Chapter 609, Government Code, as added by this article, take
effect January 1, 2004. 

SECTION 2.16.  Provides that Section 1601.101(d), Insurance Code, as added
by this article, takes effect September 1, 2003. 

SECTION 2.17.  Provides that the change in law made by this article to
Section 659.046, Government Code, applies only to a determination of the
amount of an employee's lifetime service credit that is made on or after
the effective date of this Act.  Provides that a determination of the
amount of an employee's lifetime service credit made before the effective
date of this Act is governed by the law in effect on the date the
determination is made, and the former law is continued in effect for that
purpose. 

ARTICLE 3.  INFORMATION TECHNOLOGY

SECTION 3.01.  Amends Section 2054.003(12), Government Code, to redefine
"state agency." 

 SECTION 3.02.  Amends Section 2054.077, Government Code, by adding
Subsection (a-1), to define "state agency." 

SECTION 3.03.  Amends Section 2054.2011, Government Code, by adding
Subdivision (3), to define "state agency." 

ARTICLE 4.  REGULATORY AND ADMINISTRATIVE MATTERS

SECTION 4.01.  Amends Section 2166.302, Government Code, as follows:
 
Sec. 2166.302.  ADOPTION OF CONDITIONS.  (a)  Requires TBPC to adopt
uniform general conditions to be incorporated into all building
construction contracts made by the state, including a contract for a
project excluded from this chapter by Section 2166.003 other than a
project constructed by and for an institution of higher education, but not
including a contract for a project excluded from this chapter by Section
2166.004. 

  (b)  Defines "institution of higher education."

SECTION 4.02.  Amends Section 51.782(i), Education Code, to require a
construction managerat-risk to publicly advertise, in the manner
prescribed by the institution, and receive bids or proposals from trade
contractors or subcontractors for the performance of all major elements of
the work other than general conditions work.  Authorizes construction
manger-at-risk to seek to perform major elements, rather than portions, of
the work itself if the construction manager-atrisk submits its bid or
proposals for that, rather than those portions, work in the same manner as
all other trade contractors or subcontractors and if the board determines
that the construction manager-at-risk's bid or proposal provides that best
value for the institution.  Authorizes the board, if no satisfactory bid
or proposal for a major element of the work is received in the time
allowed, to negotiate directly with the construction manager-at-risk for
performance of that work. Authorizes the board to negotiate directly with
the manager-at-risk for the performance of minor elements of the work that
are not included in major work packages. 

SECTION 4.03.  Amends Subchapter B, Chapter 502, Labor Code, by adding
Section 502.025, as follows: 

Sec.  502.025.  COVERAGE FOR OUT-OF-STATE EMPLOYEES.  (a)  Provides that
an employee who performs services outside the state is entitled to
benefits under this chapter even if the person meets certain criteria. 

(b)  Provides that an employee who elects to pursue remedies provided by
the state where the injury occurred is not entitled to benefits under this
chapter. 

SECTION 4.04.  Amends Subchapter B, Chapter 503, Labor Code, by adding
Section 503.025, as follows: 

Sec.  503.025.  COVERAGE FOR OUT-OF-STATE EMPLOYEES.  (a)  Provides that
an employee who performs services outside the state is entitled to
benefits under this chapter event if the person meets certain criteria. 

(b)  Provides that an employee who elects to pursue remedies provided by
the state where the injury occurred is not entitled to benefits under this
chapter. 

SECTION 4.05.  Amends Section 2007.002(1), Government Code, to redefine
"governmental entity." 

SECTION 4.06.  Amends Section 65.45, Education Code, to read as follows:
 
Sec. 65.45.  New heading:  SCIENCE AND TECHNOLOGY DEVELOPMENT, MANAGEMENT,
AND TRANSFER.  (a)  Provides that the legislature finds that it is
essential to the economic growth of the state that the potential for the
development and  growth of high technology industry be promoted and
expanded.  Authorizes THECB, as a means of accomplishing this purpose, to
enter into agreements with individuals, corporations, partnerships,
associations, and local, state, or federal agencies for funding the
discovery, development, and commercialization of new products, technology,
and scientific information, including an agreement to manage a national
laboratory engaged in any of those endeavors.  Authorizes, at the
discretion of the board, research facilities, funding, and personnel at
the various component institutions of The University of Texas System to be
utilized to achieve the purposes of this section.  Deletes text regarding
THECB being authorized to perform certain acts. 

(b)  Authorizes THECB, as a means of carrying out the purposes of this
section, to, through one or more corporations incorporated by THECB or
under any other cooperative arrangement, perform certain acts.  Makes a
conforming change. 

(c)  Authorizes THECB to cooperate in any manner THECB considers
appropriate with similar programs operated by other state-supported
institutions of higher education in this state or in other states.
Deletes text prohibiting the Center for Technology Development and
Transfer from receiving general revenue funds. 

SECTION 4.07.  Amends the heading to Section 551.121, Government Code, to
read as follows: 
 
Sec. 551.121.  GOVERNING BOARD OF INSTITUTION OF HIGHER EDUCATION; BOARD
FOR LEASE OF UNIVERSITY LANDS. 
 
SECTION 4.08.  Amends Sections 551.121(b), (c), and (e), Government Code,
as follows: 
 
(b)  Provides that this chapter does not prohibit the governing board of
an institution of higher education or the Board for Lease of University
Lands (BLUL) from holding an open or closed meeting by telephone
conference call. 

(c)  Authorizes a meeting held by telephone conference call to be held
only if certain criteria is met. 

(e)  Requires the notice of a telephone conference call meeting of a
governing board to specify as the location of the meeting the location
where meetings of the governing board are usually held.  Requires the
notice, for a meeting of BLUL, to specify as the location of the meeting a
suitable conference or meeting room at The University of Texas System
office. 

SECTION 4.09.  Amends Subchapter C, Chapter 552, Government Code, by
adding Section 552.1235, as follows: 

Sec.  552.1235.  EXCEPTION:  IDENTITY OF PRIVATE DONOR TO INSTITUTION OF
HIGHER EDUCATION.  (a)  Provides that the name or other information that
would tend to disclose the identity of a person, other than a governmental
body, who makes a gift, grant, or donation of money or property to an
institution of higher education or to another person with the intent that
the money or property be transferred to an institution of higher education
is excepted from the requirements of Section 552.021. 

(b)  Provides that Subsection (a) does not except from required disclosure
other information relating to gifts, grants, and donations described by
Subsection (a), including the amount or value of an individual gift,
grant, or donation. 

  (c)  Defines "institution of higher education."

SECTION 4.10.  Amends Section 2161.123(a), Government Code, to require
each state agency, including the Texas Building and Procurement Commission
(TBPC), that is required to have a strategic plan under Chapter 2056, to
include in its strategic plan a written plan for increasing the agency's
use of historically underutilized business in purchasing the public works
contracting.  Requires the governing board of each university system or
institution of higher education not included in a university system, other
than a public junior college, to prepare a written plan for increasing the
use of historically underutilized business in purchasing and public works
contracting by the system or institution. 


SECTION 4.11.  Provides that Sections 502.025 and 503.025, Labor Code, as
added by this article, apply only to a claim for workers' compensation
benefits based on a compensable injury that occurs on or after the
effective date of this Act.  Provides that a claim based on a compensable
injury that occurs before the effective date of this Act is governed by
the law in effect on the date injury occurred, and the former law is
continued in effect for that purpose.  

SECTION 4.12.  Provides that Section 552.1235, Government Code, as added
by this article, applies to a request for information made before, on, or
after the effective date of this Act. 
 
ARTICLE 5.  REPORTING

SECTION 5.01.  Amends Sections 51.680(b) and (c), Education Code, as
follows: 
 
(b)  Authorizes an institution, rather than institutions, of higher
education to file or post on the institution's website on the Internet in
a manner available to the public policies amended to overcome any failure
to meet the standards.  Makes nonsubstantive changes. 
 
(c)  Provides that it is a policy of the state that each institution of
higher education shall at all times after August 31, 1988, have a current
copy of its intellectual property policies that meet the minimum standards
set out in Subsection (a) on file with THECB or publicly posted on the
institution's website on the Internet in a manner available to the public. 
 
SECTION 5.02.  Amends Section 403.021(a), Government Code, to redefine
"state agency." 

SECTION 5.03.  Amends Subchapter B, Chapter 572, Government Code, by
adding Section 572.0211, as follows: 
 
Sec. 572.0211.  EXEMPTION FOR CERTAIN APPOINTED STATE OFFICERS NOT
REAPPOINTED.  (a)  Provides that a state officer who is a member of the
governing board of an institution of higher education, except as provided
by Subsection (b), is exempt from the filing requirement of Section
572.021 in the year in which the member's term expires if certain
conditions exist. 
 
(b)  Requires the individual to file a financial statement as required by
Section 572.021 for the preceding calendar year not later than August 1,
if notwithstanding the expiration of the term of office the individual is
serving as a member of the same governing board on July 1 of that year,
whether the individual continues in office because a successor has not
qualified for the next term of office or because the individual has been
reappointed to the same governing board. 

SECTION 5.04.  Amends Section 2152.064, Government Code, by adding
Subsection (f), to provide that this section does not apply to a
university system or an institution of higher education as those terms are
defined by Section 61.003, Education Code. 
 
SECTION 5.05.  Amends Section 2155.448, Government Code, by adding
Subsection (d), to provide that this section does not apply to a
university system or an institution of higher education as those terms are
defined by Section 61.003, Education Code. 
 
SECTION 5.06.  Amends Section 2166.101(a), Government Code, to provide
that this section applies to a state-owned building, including a building
otherwise exempt from this chapter under Section 2166.003, except that
this section does not apply to a building owned by an institution of
higher education as defined by Section 61.003, Education Code. 
 
SECTION 5.07.  Amends Section 2254.006, Government Code, as follows:
 
Sec. 2254.006.  CONTRACT NOTIFICATION.  Requires a state agency, other
than, rather than including, an institution of higher education as defined
by Section 61.003, Education Code, to provide written notice to the
Legislative Budget Board of a contract for professional services, other
than a contract for physician or optometric services, if the amount of the
contract, including an amendment, modification, renewal, or extension of
the contract, exceeds $14,000. 
 
SECTION 5.08.  Repealer:  Section 2166.101(f) (Compilation of Construction
and Maintenance Information), Government Code. 

ARTICLE 6.  EFFECTIVE DATE

SECTION 6.01.  Effective date:  upon passage or September 1, 2003 except
as otherwise provided by another provision of this Act.