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S.B. No. 1652
AN ACT
relating to institutions of higher education, including the
administration, operation, governance, and financing of those
institutions, and to certain security services provided to such
institutions and certain other educational institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. FINANCIAL MATTERS
SECTION 1.01. Subsection (e), Section 11.11, Tax Code, is
amended to read as follows:
(e) Property [It is provided, however, 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 [in
Chapter 61], [Texas] 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.
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. All oil, gas, and other mineral
interests owned by an institution of higher education are exempt
from all ad valorem taxes. Property bequeathed to an institution is
exempt from the assessment of ad valorem taxes from the date of the
decedent's death, unless:
(1) the property is leased for compensation to a
private business enterprise as provided in this subsection; or
(2) the transfer of the property to an institution is
contested in a probate court, in which[. In this] case[,] ad
valorem taxes shall be assessed to the estate of the decedent until
the final determination of the disposition of the property is made.
The property is exempt from the assessment of ad valorem taxes upon
vesting of the property in the institution.
SECTION 1.02. Subdivision (2), Section 2254.021,
Government Code, is amended to read as follows:
(2) "Major consulting services contract" means a
consulting services contract for which it is reasonably foreseeable
that the value of the contract will exceed $15,000, or $25,000 for
an institution of higher education other than a public junior
college.
SECTION 1.03. Section 2254.028, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) 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. Subsections (b) and (d), Section 2254.031,
Government Code, are amended to read as follows:
(b) A state agency that intends to renew a contract that is
not a major consulting services contract shall 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) A state agency that intends to amend or extend a
contract that is not a major consulting services contract shall
comply with Sections 2254.028 and 2254.029 if the original contract
and the amendment or extension 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.
SECTION 1.05. Section 53.02, Education Code, is amended by
adding Subdivision (14) to read as follows:
(14) "Borrower" means any of the following entities
that is the recipient of a loan made under Section 53.34:
(A) an institution of higher education;
(B) a nonprofit corporation:
(i) incorporated by and under the exclusive
control of an institution of higher education; or
(ii) incorporated and operating for the
exclusive benefit of an institution of higher education and
authorized by the governing board of the institution to enter into a
transaction as a borrower under this chapter;
(C) an accredited primary or secondary school; or
(D) an authorized charter school.
SECTION 1.06. Section 53.33, Education Code, is amended to
read as follows:
Sec. 53.33. LIMITED POWER TO ACQUIRE, OWN, AND OPERATE
EDUCATIONAL AND HOUSING FACILITIES[: CONSTRUCTION, ACQUISITION,
ETC]. (a) An [The] authority or a nonprofit instrumentality
created under Section 53.35(b) may acquire, own, hold title to,
lease, or operate an educational facility or housing facility or
any facility incidental, subordinate, or related to or appropriate
in connection with an educational facility or housing facility, but
only if:
(1) the facility is or will be located within the
corporate limits of the city that created the authority or
nonprofit instrumentality;
(2) the governing body of an institution of higher
education officially requests the authority or nonprofit
instrumentality to acquire and own the facility for the benefit of
the institution of higher education;
(3) the institution of higher education officially
agrees to accept, and has authority to receive legal title to, the
facility not later than the date on which any bonds or other
obligations issued to acquire the facility are paid in full; and
(4) the ownership of the facility by the authority or
the nonprofit instrumentality is approved by official action of the
governing body of:
(A) the city that created the authority or
nonprofit instrumentality;
(B) the school district in which the facility is
or will be located; and
(C) the county in which the facility is or will be
located.
(b) An authority or instrumentality that exercises the
powers granted by Subsection (a) may contract for the operation of
the facility by public or private entities or persons on the terms
and conditions set forth in a contract relating to the operation of
the facility.
(c) The changes in law made by the amendment of this section
by the 78th Legislature, Regular Session, 2003, do not affect the
acquisition, ownership, construction, or improvement of a
facility, or the acquisition and ownership of land that were
approved by official action of the authority or nonprofit corporate
instrumentality before March 15, 2003, and the law in effect
immediately before the effective date of the amendment of this
section by the 78th Legislature, Regular Session, 2003, is
continued in effect for that purpose [by purchase, purchase
contract, or lease, may construct, or may enlarge, extend, repair,
renovate, or otherwise improve educational facilities or housing
facilities. It may acquire land for those purposes, furnish and
equip the facilities, and provide by contract, lease, or otherwise
for the operation and maintenance of the facilities. The
facilities need not be located within the city limits of the city or
cities].
SECTION 1.07. Section 53.34, Education Code, is amended to
read as follows:
Sec. 53.34. REVENUE BONDS. (a) An [The] authority or a
nonprofit instrumentality created under Section 53.35(b),
including an authority or nonprofit instrumentality authorized to
own facilities under Section 53.33(a), may issue and execute
revenue bonds or other obligations to loan or otherwise provide
funds to a borrower if:
(1) the governing body of the borrower by official
action requests the issuer of the bonds or other obligations to loan
the proceeds under this subsection;
(2) the purpose of the loan is to enable the borrower
to acquire, construct, enlarge, extend, repair, renovate, or
otherwise improve an educational facility or housing facility or
any facility incidental, subordinate, or related to or appropriate
in connection with an educational facility or housing facility, or
for acquiring land to be used for those purposes, or to create
operating and debt service reserves for and to pay issuance costs
related to the bonds or other obligations; and
(3) under the terms of the loan, and unless a mortgage
lien granted to secure the loan is in default, the ownership of the
facility is required to be at all times under the exclusive control,
and held for the exclusive benefit, of the borrower [for any of its
purposes].
(b) In issuing revenue bonds or other obligations under this
chapter, the issuer of the bonds or other obligations [authority]
is considered to be acting on behalf of the [any] city by which it
was created.
(c) Bonds or other obligations issued under Subsection (a)
[(b) The bonds] shall be payable from and secured by a pledge of
the revenue, income, [all or any part of the gross or net revenue to
be derived from the operation of the facility or facilities and any
other revenue] or assets pledged for the purpose by the borrower.
The bonds or other obligations may be additionally secured by a
mortgage, [or] deed of trust, [on real property of the authority] or
[by a] chattel mortgage on real or [its] personal property, or on
[by] both real and personal property, if granted by the borrower.
(d) A facility financed with the proceeds of a loan or loans
made to a borrower under Subsection (a) is not required to be
located within the corporate limits of the city that created the
issuer of the bonds or other obligations.
(e) An authority or a nonprofit instrumentality that is
authorized to acquire and own educational facilities and housing
facilities under Section 53.33(a) may issue and execute revenue
bonds and other obligations for the purpose of acquiring, owning,
and operating the educational and housing facilities, to create
operating reserves for the facilities, and to create debt service
reserves for and to pay issuance costs related to the bonds or other
obligations.
(f) Bonds or other obligations issued under Subsection (e)
shall be payable from and secured by a pledge of all or any part of
the gross or net revenues to be derived from the operation of the
educational facilities and housing facilities being acquired and
any other revenue, income, or assets, including the revenue and
income of the educational facilities or housing facilities
previously acquired or subsequently to be acquired. The bonds or
other obligations may be additionally secured by a mortgage, deed
of trust, or chattel mortgage on real or personal property, or on
both real and personal property, if granted by the authority or
nonprofit instrumentality issuing the bonds or other obligations.
(g) The changes in law made by the amendment of this section
by the 78th Legislature, Regular Session, 2003, affect and apply
only to transactions involving bonds or other obligations that are
issued or executed under this chapter on or after March 15, 2003.
Bonds or other obligations that are issued or executed under this
chapter before March 15, 2003, are governed by the law in effect
immediately before the amendment of this section by the 78th
Legislature, Regular Session, 2003, and that former law is
continued in effect for that purpose.
SECTION 1.08. Subsection (b), Section 53.35, Education
Code, is amended to read as follows:
(b) In addition to or in lieu of establishing an authority
under the provisions of this chapter, the governing body of a city
or cities may request or order created one or more nonprofit
corporations to act on its behalf and as its duly constituted
authority and instrumentality to exercise the powers granted to an
authority under the provisions of Sections [Section] 53.33 and
53.34[, Texas Education Code]. If a nonprofit corporation is
created for such purposes or agrees to such request, the directors
thereof shall thereafter be appointed and be subject to removal by
the governing body of the city or cities. In addition to the powers
[of lease or acquisition of facilities] granted under, and subject
to the limitations provided by, Sections [Section] 53.33 and 53.34,
the corporation shall have all powers granted under the Texas
Non-Profit Corporation Act for the purpose of aiding institutions
of higher education in providing educational facilities and housing
facilities and facilities incidental, subordinate, or related
thereto or appropriate in connection therewith. In addition to
Sections [the provisions of Section] 53.33 and 53.34 and the Texas
Non-Profit Corporation Act, as amended (Article 1396-1.01,
Vernon's Texas Civil Statutes), Sections 53.131, 53.14, 53.15,
53.31, 53.32, 53.331, 53.34, 53.35, 53.38, and 53.41 of this code[,
Texas Education Code, shall] apply to and govern such corporation
and its procedures, [and] bonds, and other obligations.
SECTION 1.09. Section 53.48, Education Code, is amended to
read as follows:
Sec. 53.48. BONDS FOR ACCREDITED PRIMARY OR SECONDARY
SCHOOLS. In the same manner that a corporation may issue and
execute bonds or other obligations under this chapter for an
institution of higher education, a corporation created under
Section 53.35(b) may issue and execute bonds or other obligations
to finance or refinance educational facilities or housing
facilities to be used by an accredited primary or secondary school
or by an authorized charter school.
SECTION 1.10. Subchapter D, Chapter 54, Education Code, is
amended by adding Section 54.2111 to read as follows:
Sec. 54.2111. EXEMPTIONS FOR ADOPTED STUDENTS FORMERLY IN
FOSTER OR OTHER RESIDENTIAL CARE. A student is exempt from the
payment of tuition and fees authorized by this chapter if the
student:
(1) was adopted; and
(2) was the subject of an adoption assistance
agreement under Subchapter D, Chapter 162, Family Code.
SECTION 1.11. Section 54.5011, Education Code, is amended
to read as follows:
Sec. 54.5011. CHARGES AND [CREDIT CARD] FEES FOR CERTAIN
PAYMENTS. (a) This section applies to a payment of tuition, a fee,
or another charge to an institution of higher education that is made
or authorized in person, by mail, by telephone call, or through the
Internet by means of:
(1) an electronic funds transfer; or
(2) a credit card.
(b) An institution of higher education may charge a 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, including:
(1) a discount, convenience, or service charge for the
transaction; or
(2) a service charge in connection with a payment
transaction that is dishonored or refused for lack of funds or
insufficient funds [that accepts payment of tuition, a fee, or
other charge by credit card may charge the credit card user a fee
for processing the payment].
(c) [(b)] A fee or other charge [charged] under this section
must be in an amount reasonably related to the expense incurred by
the institution in processing and handling [may not exceed the
amount charged the institution by the issuer of the credit card in
connection with] the payment or payment transaction.
(d) [(c)] Before accepting a payment by credit card, the
institution shall notify the student of any fee to be charged under
this section.
SECTION 1.12. Section 153.006, Education Code, is amended
to read as follows:
Sec. 153.006. SUPPORT OF CENTERS. (a) 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, an institution of higher education may:
(1) enter into agreements establishing royalties,
fees, and other consideration for technology developed in whole or
part by it;
(2) accept equity interests in organizations that
license, manage, or otherwise administer rights to technology
belonging to it or under its control in exchange for such rights, in
whole or in part;
(3) accept equity interests in organizations that
license or otherwise have rights in its technology as consideration
for its providing monetary, business, scientific, or engineering
services or technical assistance;
(4) use income from the commercialization of
technology to fund the activities of the center;
(5) solicit, accept, and administer gifts, grants, and
donations; [and]
(6) enter into contracts for legal services with a
competent lawyer or law firm to:
(A) prepare, file, pursue, and maintain patent
applications in the United States or foreign jurisdictions;
(B) secure copyright protection for computer
software;
(C) prepare, file, and pursue trademark and
service mark applications;
(D) pursue litigation to prevent or stop
infringement of any intellectual property rights of the
institution; or
(E) handle any other legal matter related to the
operation and activities of the center; and
(7) enter into such other business arrangements as may
be appropriate for achieving the purposes of this chapter.
(b) The fees or other compensation paid in connection with a
legal services contract authorized by Subsection (a) may be paid on
a contingency fee basis, at an hourly rate, or on another basis the
governing board of the institution considers appropriate.
SECTION 1.13. Section 2254.102, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) 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 1.14. Subsection (d), Section 404.097, Government
Code, is amended to read as follows:
(d) Legal fees and expenses may be paid from the recovered
funds under a contingent fee contract for legal services only:
(1) after the funds are deposited in accordance with
this section; and
(2) in accordance with Subchapter C, Chapter 2254, if
that subchapter applies to the contract.
SECTION 1.15. Section 21.042, Property Code, is amended by
adding Subsection (f) to read as follows:
(f) In awarding compensation or assessing damages for a
condemnation by an institution of higher education, as defined by
Section 61.003, Education Code, the special commissioners may not
include 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 1.16. Section 55.004, Property Code, is amended by
adding Subsection (f) to read as follows:
(f) If the physician is employed in that capacity by an
institution of higher education, as defined by Section 61.003,
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. The lien is
subject to provisions of this chapter applicable to a hospital
lien, and the physician or the physician's employing institution
may secure and enforce the lien in the manner provided by this
chapter.
SECTION 1.17. Subchapter A, Chapter 56, Education Code, is
amended by adding Section 56.004 to read as follows:
Sec. 56.004. FILING FEES IN SUITS TO COLLECT DELINQUENT
STUDENT LOANS. Notwithstanding any other law, if an institution of
higher education brings suit to collect or enforce the repayment of
a delinquent student loan, the institution is required to pay in
advance one-half of the applicable filing fee and other costs
payable in advance to the clerk of the court. If the defaulting
borrower prevails in the suit, the institution shall pay the
remaining one-half of the filing fee and costs on the date of the
final disposition of the suit. If the institution prevails in the
suit:
(1) the judgment shall include a finding that the
defaulting borrower is liable to the institution for the full
amount of the filing fee and costs; and
(2) the institution shall pay the remaining one-half
of the filing fee and costs not later than the seventh day after the
date on which the defaulting borrower pays to the institution the
full amount, including the amount of the filing fee and costs, for
which the borrower is liable to the institution.
SECTION 1.18. Section 403.072, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) In its rules adopted under this section, the comptroller
may not require an institution of higher education, as defined by
Section 61.003, 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 1.19. Section 54.2111, Education Code, as added by
this Act, applies beginning with tuition and fees charged for the
2003 fall semester. Tuition and fees charged for a semester or
session before the 2003 fall semester are governed by the
applicable law in effect before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 1.20. Section 56.004, Education Code, as added by
this article, applies only to a suit filed by an institution to
collect or enforce the repayment of a delinquent student loan on or
after the effective date of this Act. A suit filed before the
effective date is covered by the law in effect when the suit was
filed, and the former law is continued in effect for that purpose.
ARTICLE 2. HUMAN RESOURCES
SECTION 2.01. Section 609.001, Government Code, is amended
by adding Subdivision (2-a) and amending Subdivision (8) to read as
follows:
(2-a) "Institution of higher education" means an
institution of higher education as defined by Section 61.003,
Education Code, other than a public junior college.
(8) "State agency" means a board, commission, office,
department, or other agency in the executive, judicial, or
legislative branch of state government, including an institution of
higher education [as defined by Section 61.003, Education Code, but
does not include a public junior college].
SECTION 2.02. Section 609.002, Government Code, is amended
to read as follows:
Sec. 609.002. QUALIFICATIONS FOR QUALIFIED VENDOR. A
vendor may be a qualified vendor for a 457 plan or a 401(k) plan
created by a political subdivision, [or] group of political
subdivisions, an institution of higher education, or a group of
institutions of higher education only if the vendor satisfies the
requirements for participation in the deferred compensation plan
provided by:
(1) this chapter; and
(2) the plan administrator.
SECTION 2.03. Subsection (b), Section 609.003, Government
Code, is amended to read as follows:
(b) The approval of an investment product for a 401(k) plan
of a political subdivision, [or] group of political subdivisions,
an institution of higher education, or a group of institutions of
higher education, or for a 457 plan of an institution of higher
education or group of institutions of higher education, must be in
accordance with a contract between the plan administrator and a
qualified vendor.
SECTION 2.04. Section 609.007, Government Code, is amended
by adding Subsection (e) to read as follows:
(e) An institution of higher education may contract with an
employee of the institution of higher education for the deferment
of any part of the employee's compensation.
SECTION 2.05. Chapter 609, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. DEFERRED COMPENSATION PLANS FOR EMPLOYEES OF
INSTITUTIONS OF HIGHER EDUCATION
Sec. 609.701. DEFINITIONS. In this subchapter:
(1) "Deferred compensation plan" means a plan
established under this subchapter.
(2) "Deferred compensation trust fund" means the fund
in which deferred amounts and investment income of participating
employees are temporarily held.
(3) "Investment product" includes a fixed or variable
rate annuity, mutual fund, certificate of deposit, money market
account, passbook savings account, stock, bond, obligation, and any
other investment product not prohibited under Section 457, Internal
Revenue Code of 1986, as amended.
Sec. 609.702. CREATION OF PLAN. (a) An institution of
higher education may create and administer for its employees a 457
plan under this subchapter.
(b) An institution of higher education may 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) An
institution of higher education that creates a deferred
compensation plan shall designate a plan administrator for the
plan.
(b) Institutions of higher education that create a single
plan shall designate jointly a plan administrator for the plan.
(c) A plan administrator may be an employee, a nonprofit
corporation, an individual, a trustee, a private entity, another
institution of higher education, or an association of institutions
of higher education.
Sec. 609.704. REMOVAL OF PLAN ADMINISTRATOR. An
institution of higher education or group of institutions of higher
education that designates a plan administrator may remove the plan
administrator at any time unless specifically provided otherwise by
contract.
Sec. 609.705. OVERSIGHT COMMITTEE. (a) An institution of
higher education or group of institutions of higher education that
creates a deferred compensation plan may direct and supervise the
activities of the plan administrator through an oversight
committee.
(b) The institution of higher education or group shall
determine the authority, activities, and composition of an
oversight committee created under this section.
Sec. 609.706. AUTHORITY OF PLAN ADMINISTRATOR. (a) A plan
administrator shall execute necessary contracts for the
administration of the deferred compensation plan, subject to any
prior approval required by the institution of higher education or
group of institutions of higher education that created the plan.
(b) A plan administrator shall 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. The plan administrator shall:
(1) invest the deferred amounts and investment income
of a participating employee in the qualified investment products
designated by the employee; and
(2) transfer the deferred amounts and investment
income of a participating employee from one qualified investment
product to another on the employee's request.
Sec. 609.708. PARTICIPATION OF INDEPENDENT CONTRACTORS.
(a) The plan administrator shall determine whether a person who
provides services as an independent contractor to an institution of
higher education that created the plan may participate in the
deferred compensation plan.
(b) For the purposes of Subchapter A and this subchapter, an
independent contractor that 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. An employee may
change the amount to be deferred by notifying the plan
administrator of the change in accordance with the requirements of
the administrator.
Sec. 609.710. DISTRIBUTION. A plan administrator shall
develop and implement procedures for:
(1) the designation by a participating employee of a
beneficiary to receive the employee's deferred amounts and
investment income after the employee's death; and
(2) the distribution of a participating employee's
deferred amounts and investment income to the employee or the
employee's beneficiary, as appropriate, because of the employee's
death or termination of employment, a financial hardship, or
another reason permissible under federal law.
Sec. 609.711. FEE. (a) An institution of higher education
or group of institutions of higher education that creates a
deferred compensation plan may assess a fee for the administration
of the plan against each participating employee.
(b) The institution of higher education or group of
institutions of higher education shall determine the method for
computing and assessing the fee.
Sec. 609.712. EVALUATION AND APPROVAL OF QUALIFIED VENDOR.
(a) A plan administrator shall develop and implement criteria and
procedures for evaluating a vendor's application to become a
qualified vendor.
(b) A plan administrator may not approve a vendor's
application if the vendor is:
(1) a state or national bank or savings and loan
association, the deposits of which are not insured by the Federal
Deposit Insurance Corporation;
(2) a credit union, the deposits of which are not
insured by the National Credit Union Administration Board; or
(3) an insurance company that:
(A) is not a member of the Texas Life, Accident,
Health, and Hospital Service Insurance Guaranty Association; or
(B) is an impaired or insolvent insurer under
Article 21.28-D, Insurance Code.
(c) On written request, the Texas Department of Insurance
shall certify in writing to a plan administrator whether an
insurance company is prohibited from being approved as a qualified
vendor under Subsection (b)(3). The plan administrator may rely on
the certification.
Sec. 609.713. NUMBER OF VENDORS UNDER 457 PLAN. The plan
administrator of a 457 plan shall determine the minimum and maximum
number of vendors that may be qualified vendors for the plan at any
given time.
Sec. 609.714. CONTRACT WITH QUALIFIED VENDOR. (a) After a
plan administrator approves an application of a vendor to become a
qualified vendor, the plan administrator shall execute a written
contract with the vendor to participate in the deferred
compensation plan.
(b) A plan administrator shall 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) A qualified vendor may offer to employees participating
in a 457 plan only qualified investment products.
Sec. 609.715. REGULATION OF QUALIFIED VENDORS. A plan
administrator shall develop and implement requirements for
qualified vendors and their employees concerning disclosure,
reporting, standards of conduct, solicitation, advertising,
relationships with participating employees, the nature and quality
of services provided to those employees, and other matters.
Sec. 609.716. TRANSFER ON VENDOR'S FAILURE. An institution
of higher education or group of institutions of higher education
that creates a deferred compensation plan may authorize or 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. Subsection (a), Section 51.964, Education
Code, is amended to read as follows:
(a) An institution of higher education as defined by Section
61.003 may employ a person who has retired under the Teacher
Retirement System (Subtitle C, Title 8, Government Code) or the
optional retirement program (Chapter 830, Government Code) if:
(1) the governing board of the institution determines
that the employment is in the best interests of the institution; and
(2) the person has been retired for at least 30 days
[one calendar year] before the effective date of the employment,
except that a person retired under the optional retirement program
may be rehired after retirement without a break in service.
SECTION 2.07. Subchapter A, Chapter 51, Education Code, is
amended by adding Section 51.0065 to read as follows:
Sec. 51.0065. APPLICABILITY OF ACROSS-THE-BOARD SALARY
INCREASE. 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 is entitled to
receive any appropriation made for purposes of the across-the-board
salary increase, and may use the amount appropriated for an
across-the-board salary increase or for increases in compensation
under the institution's pay-for-performance program.
SECTION 2.08. Section 1601.102, Insurance Code, is amended
by amending Subsection (b) and adding Subsections (f) and (g) to
read as follows:
(b) An individual is eligible to participate in the uniform
program as provided by Subsection (a) if:
(1) the individual has at least 10 [three] years of
service with a system for which the individual was eligible to
participate in the uniform program under Section 1601.101;
(2) the individual's last state employment before
retirement was with that system; and
(3) the individual retires under the jurisdiction of:
(A) the Teacher [Teachers] Retirement System of
Texas under Subtitle C, Title 8, Government Code;
(B) the Employees Retirement System of Texas; or
(C) subject to Subsection (c):
(i) the optional retirement program
established by Chapter 830, Government Code; or
(ii) any other federal or state statutory
retirement program to which the system has made employer
contributions.
(f) Notwithstanding Subsection (b), an individual to whom
this subsection applies is eligible to participate in the uniform
program as provided by Subsection (a) if:
(1) the individual has at least three years of service
with a system for which the individual was eligible to participate
in the uniform program under Section 1601.101;
(2) the individual's last state employment before
retirement was with that system; and
(3) the individual retires under the jurisdiction of:
(A) the Teacher Retirement System of Texas under
Subtitle C, Title 8, Government Code;
(B) the Employees Retirement System of Texas; or
(C) subject to Subsection (c):
(i) the optional retirement program
established by Chapter 830, Government Code; or
(ii) any other federal or state statutory
retirement program to which the system has made employer
contributions.
(g) Subsection (f) applies only to a person who, on August
31, 2003:
(1) was eligible to participate in the uniform program
as an employee under Section 1601.101; or
(2) was eligible to participate in the uniform program
as a retired employee under this section as this section existed on
January 1, 2003.
SECTION 2.09. The heading to Section 51.961, Education
Code, as added by Chapter 118, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
Sec. 51.961. LEAVE PROVISIONS FOR [CERTAIN] EMPLOYEES OF
UNIVERSITY SYSTEM OR COMPONENT INSTITUTION OF SYSTEM.
SECTION 2.10. Subsections (a) and (b), Section 51.961,
Education Code, as added by Chapter 118, Acts of the 77th
Legislature, Regular Session, 2001, are amended to read as follows:
(a) In this section:
(1) "Governing board[,]" ["medical and dental unit,"]
and "university system" have the meanings assigned by Section
61.003.
(2) "Leave" includes vacation leave, sick leave, and
holidays.
(b) The governing board of a university system may adopt a
comprehensive leave policy that applies to employees [working in a
hospital or clinic of a medical and dental unit] of the university
system or any component institution of the system.
SECTION 2.11. Section 1601.101, Insurance Code, as
effective June 1, 2003, is amended by adding Subsection (d) to read
as follows:
(d) 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 2.12. 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 2.13. Subsection (d), Section 1601.101, Insurance
Code, as added by this article, takes effect September 1, 2003.
ARTICLE 3. INFORMATION TECHNOLOGY
SECTION 3.01. Section 2054.100, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) The biennial operating plan of an institution of higher
education is required to include only operational projects and
infrastructure projects. The instructions provided under Section
2054.101 may not require an institution of higher education to
include other projects in the plan.
SECTION 3.02. Section 2054.121, Government Code, is amended
to read as follows:
Sec. 2054.121. COORDINATION WITH [AMONG] INSTITUTIONS OF
HIGHER EDUCATION. (a) An institution of higher education shall
coordinate its use of information technologies with other such
institutions to more effectively provide education, research, and
community service.
(b) The Information Technology Council for Higher Education
consists of the chief information officer or equivalent employee
of:
(1) The Texas A&M University System;
(2) The University of Texas System;
(3) The Texas State University System;
(4) The University of North Texas System;
(5) The University of Houston System;
(6) The Texas Tech University System; and
(7) one institution of higher education, other than a
public junior college, not included in a university system listed
in this subsection who is selected by a majority of the chief
executive officers of all the institutions of higher education,
other than public junior colleges, not included in a listed
university system.
(c) Before adopting a proposed rule that applies to
institutions of higher education, the department shall prepare, in
consultation with the council established by Subsection (b), an
analysis of the impact of the rule on institutions of higher
education that includes consideration of:
(1) the impact of the rule on the mission of higher
education, student populations, and federal grant requirements;
(2) alternate methods of implementation to achieve the
purpose of the rule; and
(3) exempting institutions of higher education from
all or part of the requirements of the rule.
(d) The department shall include its analysis as part of the
notice of the proposed rule that the agency files with the secretary
of state for publication in the Texas Register and shall provide
copies to the governor, the lieutenant governor, and the speaker of
the house of representatives.
(e) Each department rule that applies to institutions of
higher education and that is in effect on September 1, 2003, ceases
to apply to institutions of higher education on September 1, 2004,
unless readopted by the department on or after September 1, 2003, in
a form that expressly applies to institutions of higher education.
ARTICLE 4. REGULATORY AND ADMINISTRATIVE MATTERS
SECTION 4.01. Subsection (i), Section 51.782, Education
Code, is amended to read as follows:
(i) A construction manager-at-risk shall 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 [the minor
work that may be included in the] general conditions work. A
construction manager-at-risk may seek to perform major elements
[portions] of the work itself if the construction manager-at-risk
submits its bid or proposal for that [those portions of the] 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 the best value for the institution. If no
satisfactory bid or proposal for a major element of the work is
received in the time allowed, the board may negotiate directly with
the construction manager-at-risk for performance of that work. The
board may 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 4.02. Subchapter B, Chapter 502, Labor Code, is
amended by adding Section 502.025 to read as follows:
Sec. 502.025. COVERAGE FOR OUT-OF-STATE EMPLOYEES. (a) An
employee who performs services outside this state is entitled to
benefits under this chapter even if the person:
(1) is hired or not hired in this state;
(2) does not work in this state;
(3) works both in this state and out of state;
(4) is injured outside this state; or
(5) has been outside this state for more than one year.
(b) An employee who elects to pursue remedies provided by
this state where the injury occurred is not entitled to benefits
under this chapter.
SECTION 4.03. Subchapter B, Chapter 503, Labor Code, is
amended by adding Section 503.025 to read as follows:
Sec. 503.025. COVERAGE FOR OUT-OF-STATE EMPLOYEES. (a) An
employee who performs services outside this state is entitled to
benefits under this chapter even if the person:
(1) is hired or not hired in this state;
(2) does not work in this state;
(3) works both in this state and out of state;
(4) is injured outside this state; or
(5) has been outside this state for more than one year.
(b) An employee who elects to pursue remedies provided by
this state where the injury occurred is not entitled to benefits
under this chapter.
SECTION 4.04. Section 65.45, Education Code, is amended to
read as follows:
Sec. 65.45. SCIENCE AND [CENTER FOR] TECHNOLOGY
DEVELOPMENT, MANAGEMENT, AND TRANSFER. (a) 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. As a means of accomplishing this
purpose, the board [is authorized to establish, maintain, and
support a Center for Technology Development and Transfer at The
University of Texas at Austin and may accept and administer, upon
terms and conditions acceptable to the board, gifts, grants, and
donations to aid in the establishment, maintenance, and operation
of the center.
[(b) Subject to the rules and regulations of the board, the
center] may enter into [solicit and submit for approval of the
board] 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. At
the discretion of the board, research facilities, funding, and
personnel at the various component institutions of The University
of Texas System may be utilized to achieve the purposes of this
section.
(b) [(c)] As a means of carrying out the purposes of [the
center under] this section, the board may, [either through the
center or] through one or more corporations incorporated by the
board or under any other cooperative arrangement:
(1) own and license rights to products, technology,
and scientific information;
(2) own shares in corporations engaged in the
discovery, development, manufacture, management, or marketing of
products, technology, or scientific information in this state or
outside this state [under a license from the board, the center, or a
corporation owned or controlled by the board];
(3) participate [as the general partner or as a
limited partner], either directly or through a subsidiary
corporation or other legal entity formed for that purpose, [in
limited partnerships, general partnerships, or joint ventures
engaged] in the discovery, development, manufacture, management,
or marketing of products, technology, or scientific information on
behalf of the United States or a state or local governmental entity
[under a license from the board, the center, or a corporation owned
or controlled by the board]; and
(4) carry on and support such other activities as the
board may deem appropriate for achieving the purposes of this
section.
(c) [(d) The Center for Technology Development and Transfer
established by this section shall not receive general revenue funds
through special item appropriation in the biennial General
Appropriations Act.
[(e)] The board may [Center for Technology Development and
Transfer established by this section shall] cooperate in any manner
the board considers appropriate [fully] with similar programs
operated by other state-supported institutions of higher education
in this state or in other states.
SECTION 4.05. The heading to Section 551.121, Government
Code, is amended to read as follows:
Sec. 551.121. GOVERNING BOARD OF INSTITUTION OF HIGHER
EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS.
SECTION 4.06. Subsections (b), (c), and (e), Section
551.121, Government Code, are amended to read as follows:
(b) This chapter does not prohibit the governing board of an
institution of higher education or the Board for Lease of
University Lands from holding an open or closed meeting by
telephone conference call.
(c) A meeting held by telephone conference call may be held
only if:
(1) the meeting is a special called meeting and
immediate action is required; and
(2) the convening at one location of a quorum of the
governing board or Board for Lease of University Lands is difficult
or impossible.
(e) The notice of a [the] telephone conference call meeting
of a governing board must specify as the location of the meeting the
location where meetings of the governing board are usually held.
For a meeting of the governing board of a university system, the
notice must specify as the location of the meeting the board's
conference room at the university system office. For a meeting of
the Board for Lease of University Lands, the notice must specify as
the location of the meeting a suitable conference or meeting room at
The University of Texas System office.
SECTION 4.07. Subchapter C, Chapter 552, Government Code,
is amended by adding Section 552.1235 to read as follows:
Sec. 552.1235. EXCEPTION: IDENTITY OF PRIVATE DONOR TO
INSTITUTION OF HIGHER EDUCATION. (a) 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) 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) In this section, "institution of higher education" has
the meaning assigned by Section 61.003, Education Code.
SECTION 4.08. Subsection (a), Section 2161.123, Government
Code, is amended to read as follows:
(a) Each state agency, including the commission, that is
required to have a [shall prepare as part of its] strategic plan
under Chapter 2056 shall include in its strategic plan a written
plan for increasing the agency's use of historically underutilized
businesses in purchasing and public works contracting. The
governing board of each university system or institution of higher
education not included in a university system, other than a public
junior college, shall prepare a written plan for increasing the use
of historically underutilized businesses in purchasing and public
works contracting by the system or institution.
SECTION 4.09. Section 85.51, Education Code, is amended to
read as follows:
Sec. 85.51. AUTHORITY TO LEASE. (a) The board may lease
for oil, gas, sulphur, mineral ore, and other mineral developments
[to the highest bidder at public auction] all lands and mineral
interests [used for experimental stations and all other lands]
under its [exclusive] control, [or any part of those lands,] owned
or in the future acquired by the state for the use of the university
system.
(b) The board shall offer oil and gas leases at public
auction, by sealed bid, by negotiated agreement, or through any
other means that the board considers to be in the best interest of
the university system.
SECTION 4.10. Subchapter B, Chapter 85, Education Code, is
amended by adding Section 85.18 to read as follows:
Sec. 85.18. MANDATORY VENUE. (a) Venue for a suit filed
against the board or a member of the board in the member's official
capacity is in Brazos County.
(b) Venue for a suit filed against The Texas A&M University
System, any component of The Texas A&M University System, or any
officer or employee of The Texas A&M University System is in the
county in which the primary office of the chief executive officer of
the system or component, as applicable, is located.
(c) This section does not waive any defense to or immunity
from suit or liability that may be asserted by an entity or
individual described by this section.
(d) In case of a conflict between this section and any other
law, this section controls.
(e) The changes in law made by the adoption of this section
apply only to an action brought on or after September 1, 2003.
SECTION 4.11. 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. 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 the injury
occurred, and the former law is continued in effect for that
purpose.
SECTION 4.12. 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. Subsections (b) and (c), Section 51.680,
Education Code, are amended to read as follows:
(b) No later than January 31, 1988, the commissioner of
higher education shall inform institutions of higher education
whether their intellectual property policies meet the minimum
standards set out in Subsection (a) [of this section]. Thereafter,
an institution [institutions] of higher education may 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
[said] standards. The commissioner shall within a reasonable time
after receiving an amended policy inform the submitting institution
whether it meets the [said] standards.
(c) It is a policy of the state that each institution of
higher education shall at all times after August 31, 1988, have [on
file with the Coordinating Board, Texas College and University
System,] a current copy of its intellectual property policies
that[, which policies shall at all times] meet the minimum
standards set out in Subsection (a) on file with the Texas Higher
Education Coordinating Board or posted on the institution's website
on the Internet in a manner available to the public [of this
section]. The commissioner of higher education shall establish
procedures for the monitoring of this policy of the state.
SECTION 5.02. Section 2152.064, Government Code, is amended
by adding Subsection (f) to read as follows:
(f) 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 5.03. Section 2155.448, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) 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 5.04. Subsection (a), Section 2166.101, Government
Code, is amended to read as follows:
(a) 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 5.05. Subsection (f), Section 2166.101, Government
Code, is repealed.
ARTICLE 6. INTERCOLLEGIATE ATHLETICS FEE AT PRAIRIE VIEW A&M
UNIVERSITY
SECTION 6.01. Subchapter E, Chapter 54, Education Code, is
amended by adding Section 54.5393 to read as follows:
Sec. 54.5393. INTERCOLLEGIATE ATHLETICS FEE: PRAIRIE VIEW
A&M UNIVERSITY. (a) The board of regents of The Texas A&M
University System may impose an intercollegiate athletics fee on
each student enrolled at Prairie View A&M University in an amount
not to exceed $10 per semester credit hour.
(b) The amount of the fee imposed on a student in a semester
or session may not exceed the amount of the fee imposed on a student
enrolled in 15 semester credit hours during the same semester or
session.
(c) The fee may not be imposed unless approved by a majority
vote of the students of the university participating in a general
student election held for that purpose.
(d) A fee imposed under this section shall be used to
develop and maintain an intercollegiate athletics program at the
university.
(e) A fee imposed under this section is in addition to any
other fee authorized by law and may not be considered in determining
the maximum amount of student services fees that may be imposed
under Section 54.503.
(f) This section expires September 1, 2013.
SECTION 6.02. This article applies beginning with the 2003
fall semester.
ARTICLE 7. UNIVERSITY OF NORTH TEXAS AT DALLAS
SECTION 7.01. Subsection (d), Section 105.451, Education
Code, is amended to read as follows:
(d) Notwithstanding any other provision of this subchapter,
the University of North Texas at Dallas may operate as a general
academic teaching institution with its own chief executive officer,
administration, and faculty only after the Texas Higher Education
Coordinating Board certifies that enrollment at the University of
North Texas System Center at Dallas has reached an enrollment
equivalent to 1,000 [2,500] full-time students for one semester.
Until that enrollment level is reached, the board may operate a
system center of the University of North Texas in the city of
Dallas. Prior to reaching 2,500 full-time equivalent students, the
University of North Texas at Dallas may not receive general revenue
in excess of the 2003 expended amount with the exception of funding
provided through the General Academic Instruction and Operations
Formula for semester credit hour increases and the Tuition Revenue
Bond debt service for bonds approved in the 78th Legislature. The
institution will not be eligible to receive the small school
supplement in the General Academic Instruction and Operations
Formula until it reaches 2,500 full-time equivalent student
enrollment.
ARTICLE 8. STUDY OF ORGANIZATION, OPERATIONS,
AND FUNDING OF HIGHER EDUCATION
SECTION 8.01. The legislature finds that:
(1) it is vital to the economy of this state that all
areas of the state have access to quality higher education;
(2) it is in the interest of all residents of this
state that an efficient and sufficiently funded higher education
infrastructure exist that affords residents opportunities to
become educated and productive members of the state's economy; and
(3) the Texas Higher Education Coordinating Board's
report on closing the gaps provides an appropriate starting point
for constructing a plan for meeting the state's current and future
higher education needs.
SECTION 8.02. (a) An interim committee is established to
study the organization, operations, and funding of higher
education. The interim committee is composed of:
(1) six members of the house of representatives
appointed by the speaker of the house of representatives;
(2) six members of the senate appointed by the
lieutenant governor; and
(3) four public members appointed by the governor.
(b) The membership of the committee must be representative
of all geographic areas of the state.
(c) The committee shall be cochaired by the chairs of the
standing committee of each house of the legislature with primary
jurisdiction over higher education.
(d) The committee shall:
(1) study the structure and organization of higher
education in this state, including the administration and
operations of public and independent institutions of higher
education; and
(2) study the equity and adequacy of higher education
funding and its relationship to the purposes of higher education,
including providing opportunities to students to achieve their
educational goals, furthering knowledge through research, and
providing direct services as local, regional, and state engines of
economic development.
(e) In its review, the committee shall examine the effects
of student and community characteristics on the costs of higher
education, including the income and education levels of the
families of students, unemployment rates, population growth, and
other uncontrollable factors.
(f) In its review, the committee shall identify the number
and types of classified and unclassified positions in the
administration of each university system and examine each major
function, service, or activity performed by university system
offices, including:
(1) central administration;
(2) academic affairs coordination and support;
(3) general counsel and other legal services;
(4) budgeting, accounting, and data reporting;
(5) fiscal management;
(6) facilities planning and construction;
(7) governmental relations;
(8) audit services;
(9) real estate management;
(10) information technology services; and
(11) aircraft operation and usage.
(g) In its recommendations, the committee shall identify
opportunities for legislative and administrative action relating
to:
(1) changes in the organization and operations of
institutions of higher education that will improve opportunities
for residents of all areas of the state to enroll in and complete
programs of higher education;
(2) changes in the funding of institutions of higher
education and university systems to maximize the state's limited
resources to meet the higher education needs of the state,
including incentives for sharing arrangements to improve
productivity;
(3) accountability measures and performance
incentives for institutions of higher education and university
systems that are aligned with the purposes of higher education and
that are sensitive to mission differentiation among institutions of
higher education;
(4) the consolidation or reorganization of university
system office functions and services, including the consolidation
or reorganization of university systems to promote efficiency and
productivity; and
(5) potential reductions in personnel and other cost
savings associated with the committee's recommendations.
(h) The committee's recommendations under Subsection (g) of
this section must include a plan for deregulating seminaries and
similar institutions offering exclusively religious education or
training. The plan must permit those institutions to confer or
offer to confer religious degrees without accreditation and may
include disclosure requirements and other appropriate safeguards
to address potential fraud or deception. The requirements or
safeguards may not authorize the state or a political subdivision
of the state to assert regulatory authority over religious degree
programs offered by those institutions.
(i) Not later than November 1, 2004, the committee shall
prepare a report describing its findings and recommendations and
deliver the report to the governor, lieutenant governor, speaker of
the house of representatives, Legislative Budget Board, and members
of the standing committee of each house of the legislature with
primary jurisdiction over higher education.
(j) The committee is abolished and this section expires
September 1, 2005.
ARTICLE 9. SECURITY OFFICERS
SECTION 9.01. (a) Section 51.214, Education Code, is
amended to read as follows:
Sec. 51.214. SECURITY OFFICERS FOR MEDICAL CORPORATIONS IN
CERTAIN MUNICIPALITIES. (a) In any municipality with a population
of 1.18 million or more, the governing board of a private, nonprofit
medical corporation that provides security services for an
institution of higher education or a private postsecondary
educational institution and other entities located within the same
medical complex, or that provides security services for a branch of
that medical corporation [complex], may employ and commission
security personnel to enforce the law of this state within the
jurisdiction designated by Subsection (c) [at the medical complex
and its branches].
(b) An officer commissioned under this section may make
arrests and has all the powers, privileges, and immunities of a
peace officer while [on the property under the control and
jurisdiction of the medical corporation or while otherwise]
performing the officer's [his] assigned duties within the
jurisdiction designated by Subsection (c). An officer assigned to
duty and commissioned shall take and file the oath required of peace
officers and shall execute and file a good and sufficient bond in
the sum of $1,000, payable to the governor, with two or more good
and sufficient sureties, conditioned that the officer [he] will
fairly, impartially, and faithfully perform the duties required of
the officer [him] by law. The bond may be sued on from time to time
in the name of the person injured until the whole amount is
recovered.
(c) The jurisdiction of an officer commissioned under this
section is limited to:
(1) property owned, leased, managed, or controlled by
the medical corporation; and
(2) a street or alley that abuts the property or an
easement in or a right-of-way over or through the property.
(d) An officer commissioned by a medical corporation under
this section is not entitled to compensation or benefits provided
by this state or a political subdivision of this state.
(e) The state or a political subdivision of this state is
not liable for an act or omission of an officer commissioned under
this section during the performance of the officer's assigned
duties.
(f) A medical corporation may not commission a person under
this section unless the person obtains a peace officer license
issued by the Commission on Law Enforcement Officer Standards and
Education. The medical corporation shall pay to the Commission on
Law Enforcement Officer Standards and Education on behalf of an
employee any fees that are necessary to obtain a required license.
(g) A person's commission and any authority to act as an
officer under this section are automatically revoked if the
person's employment with a medical corporation is terminated for
any reason.
(b) This section takes effect September 1, 2003.
(c) A person commissioned before the effective date of this
section by a private nonprofit medical corporation under Section
51.214, Education Code, must obtain a peace officer license issued
by the Commission on Law Enforcement Officer Standards and
Education not later than September 1, 2004. If that person does not
obtain the license by that date, the person's commission and any
authority to act as an officer under Section 51.214, Education
Code, as amended by this section, are automatically revoked.
ARTICLE 10. EFFECTIVE DATE
SECTION 10.01. Except as otherwise provided by this Act,
this Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not
receive the vote necessary for immediate effect, this Act takes
effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1652 passed the Senate on
May 12, 2003, by the following vote: Yeas 31, Nays 0;
May 30, 2003, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 30, 2003, House
granted request of the Senate; June 1, 2003, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1652 passed the House, with
amendments, on May 28, 2003, by the following vote: Yeas 137,
Nays 0, two present not voting; May 30, 2003, House granted request
of the Senate for appointment of Conference Committee;
June 1, 2003, House adopted Conference Committee Report by the
following vote: Yeas 147, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor