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78R4474 JSA-D
By: Shapiro S.B. No. 1652
A BILL TO BE ENTITLED
AN ACT
relating to institutions of higher education, including the
administration, operation, governance, and financing of those
institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ACADEMIC MATTERS
SECTION 1.01. The heading to Section 51.306, Education
Code, is amended to read as follows:
Sec. 51.306. HIGHER EDUCATION REMEDIAL [TEXAS ACADEMIC
SKILLS] PROGRAM.
SECTION 1.02. Sections 51.306(b)-(g), (j)-(n), (s), (u),
and (w), Education Code, are amended to read as follows:
(b) Each undergraduate student who enters a public
institution of higher education must be tested for reading,
writing, and mathematics skills prior to enrolling in any
coursework. The board shall prescribe circumstances under which a
student who has not been tested may enroll in coursework. A student
who is permitted to enroll without taking a [the] test under
Subsection (c) [prescribed by the board] must take a [the] test
under Subsection (c) not later than the end of the first semester of
enrollment.
(c) For purposes of Subsection (b), the institution shall
administer a test consisting of:
(1) [use] the English language arts and mathematics
exit-level assessment instruments required under Section
39.023(c); or
(2) other comparable assessment instruments for the
skill areas described by Subsection (b), including college advanced
placement tests or international baccalaureate examinations [Texas
Academic Skills Program Test instrument prescribed by the board.
However, the board may prescribe an alternative test instrument for
an institution to use to test a student. Each alternative test
instrument prescribed shall be correlated with the Texas Academic
Skills Program Test. Each test instrument adopted by the board must
be of a diagnostic nature and be designed to provide a comparison of
the skill level of the individual student with the skill level
necessary for a student to perform effectively in an undergraduate
degree program. In developing the Texas Academic Skills Program
Test, the board shall consider the recommendations of faculty from
various institutions of higher education].
(d) An institution may not use performance on a [the] test
administered under Subsection (c) as a condition of admission into
the institution.
(e) The board shall prescribe minimum performance standards
for each assessment [test] instrument described by Subsection (c).
A student whose performance is below the standard for tested skill
must participate in a developmental program. An institution may
require higher performance standards.
(f) If the test results indicate that developmental
education is necessary in any area tested, the institution shall
refer the student to developmental courses or other developmental
programs made available by the institution. Each institution shall
make available those courses and programs on the same campus at
which the student would otherwise attend classes. The courses or
programs may not be considered as credit toward completion of
degree requirements. On completion of the developmental coursework
or program, the student shall take that portion of a test described
by Subsection (c) [the Texas Academic Skills Program Test] for
which developmental education was required.
(g) A student may not enroll in any upper division course
completion of which would give the student 60 or more semester
credit hours or the equivalent until the student's test [Texas
Academic Skills Program Test] results meet or exceed the minimum
standards in each skill area for which developmental education was
required or the student has earned a grade of "B" or better in a
freshman-level credit course in the subject matter of the assessed
deficit. For that purpose, the board shall establish a list of
freshman-level credit courses for each skill area tested under
Subsection (c) [of the test instrument]. The board shall establish
other assessment procedures to be used by institutions to allow a
student to enroll in upper division courses in cases where student
test results do not meet minimum standards.
(j) The unit costs of each assessment instrument
administered under Subsection (c) [test] shall be borne by the
student. Costs of administering the assessment instruments [tests]
to students shown to be financially needy under criteria
established by the board shall be borne by the state through
appropriation to the board for that purpose or other sources of
funds. Additionally, appropriation shall be made to the board to
cover overall administrative costs of the higher education remedial
[testing] program.
(k) Each institution shall report annually to the board, on
or before a day set by rule of the board, concerning the results of
the students being tested and the effectiveness of the
institution's developmental program and advising program. In
addition, the board shall publish annually a summary of the report
required by Section 51.403(e) identifying by name the high school
from which each [tested] student tested under this section
graduated and a statement as to whether or not the student's
performance was above or below the standard set by the board under
this section. The summary must include the number of students at
each high school who took the applicable assessment instruments
described by Subsection (c)(1) while enrolled in high school and
who at that time satisfied the standard set by the board under this
section [and passed the test while enrolled in high school]. For
the purposes of this report, students shall not be identified by
name. The board shall publish annually a report summarizing by
institution of higher education for each academic year the total
number of students who:
(1) entered a developmental program;
(2) completed developmental courses;
(3) were tested under Subsection (b) [took the Texas
Academic Skills Program Test] after completing developmental
courses;
(4) passed the test administered under Subsection (c)
[Texas Academic Skills Program Test] after completing
developmental courses; and
(5) satisfied the requirement of Subsection (g) in
each skill area by earning an acceptable grade in an approved course
as permitted by that subsection.
(l) A high school student who performs at or above a level
set by the board on the English language arts and mathematics
exit-level assessment instruments required under Section 39.023(c)
or on comparable assessment instruments, including college
advanced placement tests or international baccalaureate
examinations, [39.023] is exempt from this section. [The level set
by the board may not exceed a level that is equivalent to a 95
percent probability of passing the Texas Academic Skills Program
Test.] This exemption is effective [will be in effect] for three
years from the date a student takes the assessment instruments and
achieves the set score levels [level]. A student enrolling for the
first time in an institution of higher education after the
three-year period has elapsed must conform to all provisions of
this section.
(m) An entering or transferring student who has achieved a
score to be set by the board on the Scholastic Assessment Test or
the American College Test is exempt from the requirements of this
section. [The score set by the board may not exceed a score that is
equivalent to a 95 percent probability of passing the Texas
Academic Skills Program Test.] This exemption is effective for
five years from the date the Scholastic Assessment Test or the
American College Test is taken and the set standard is achieved. A
student enrolling for the first time in an institution of higher
education after the five-year period has elapsed must conform to
all provisions of this section.
(n) This section applies to a blind student only if the test
administered under Subsection (c) is administered to that student
in large print or Braille or is administered by audio cassette or by
a reader, as appropriate to that student.
(s) An institution of higher education shall provide to each
student who is accepted by the institution for admission and to whom
this section applies information in the institution's catalog
relating to the testing and developmental requirements of this
section and of the rules adopted by the board [Texas Higher
Education Coordinating Board].
(u) A student who has been diagnosed as having dyslexia or a
related disorder, as those terms are defined by Section 38.003, or a
specific learning disability in mathematics by a qualified
professional whose license or credentials are appropriate to
diagnose the disorder or disability as determined by the board and
who completes the developmental program prescribed by the
institution may be required to retake the test administered under
Subsection (c) once but may not be referred to an additional
developmental course or other developmental program or precluded
from enrolling in an upper division course because of the student's
performance on the test.
(w)[(1) The provisions of this subsection apply to high
school students taking the test required by this section.
[(2) Each eligible high school student shall pay for
the cost of taking the test unless funds are appropriated for that
purpose. If funds are appropriated for that purpose, the board and
the Texas Education Agency shall develop a mechanism for the
payment of the cost of the test, giving priority to the payment of
the cost of administering the test to an eligible high school
student shown to be financially needy under criteria established by
the board.
[(3) The board shall arrange for the test to be offered
to high school students outside of regularly scheduled school days
and at locations throughout the state.
[(4) Except as authorized by the student, including
student authorization to report the student's test scores to a
school administrator, test scores of a high school student shall be
reported only to the student and the student's parents.
[(5)] A high school student who fails to achieve the
minimum required score set by the board under this section on the
applicable assessment instruments described by Subsection (c)(1)
may not be required to take developmental classes while in high
school. However, after graduation from high school, a student who
enters a public institution of higher education must comply with
the provisions of this section.
[(6) A high school student who achieves the minimum
required score set by the board shall be deemed to have met the
requirements of this section when enrolling at an institution of
higher education, provided that the student enrolls in the
institution not later than five years from the date the test is
taken and the set score level is achieved. A student enrolling for
the first time in an institution of higher education after the
five-year period has elapsed must comply with all provisions of
this section.
[(7) The board and the Texas Education Agency shall
work together to provide high school students, their parents, and
their schools with information about the Texas Academic Skills
Program and assist them in interpreting the results of the test.]
SECTION 1.03. Section 39.023(c), Education Code, is amended
to read as follows:
(c) The agency shall also adopt secondary exit-level
assessment instruments designed to be administered to students in
grade 11 to assess essential knowledge and skills in mathematics,
English language arts, social studies, and science. The
mathematics section must include at least Algebra I and geometry
with the aid of technology. The English language arts section must
include at least English III and must include the assessment of
essential knowledge and skills in writing. The social studies
section must include early American and United States history. The
science section must include at least biology and integrated
chemistry and physics. The assessment instruments must be designed
to assess a student's mastery of minimum skills necessary for high
school graduation and readiness to enroll in an institution of
higher education. If a student is in a special education program
under Subchapter A, Chapter 29, the student's admission, review,
and dismissal committee shall determine whether any allowable
modification is necessary in administering to the student an
assessment instrument required under this subsection or whether the
student should be exempted under Section 39.027(a)(2). The State
Board of Education shall administer the assessment instruments. The
State Board of Education shall adopt a schedule for the
administration of secondary exit-level assessment instruments.
Each student who did not perform satisfactorily on any secondary
exit-level assessment instrument when initially tested shall be
given multiple opportunities to retake that assessment instrument.
[A student who performs at or above a level established by the Texas
Higher Education Coordinating Board on the secondary exit-level
assessment instruments is exempt from the requirements of Section
51.306.]
SECTION 1.04. Section 51.306(v), Education Code, is
repealed.
SECTION 1.05. This article takes effect June 1, 2004, and
applies beginning with the 2004 fall semester.
ARTICLE 2. FINANCIAL MATTERS
SECTION 2.01. Section 11.11(e), 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.
The existence of a taxable leasehold described by Section 23.13 on
the property does not affect the exemption of the property under
this section, and the taxable leasehold shall be listed in the
appraisal records as provided by Section 25.07. 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 2.02. Section 2254.021(2), 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 2.03. 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 2.04. Sections 2254.031(b) and (d), 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 2.05. 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:
(1) made or authorized in person, by mail, by
telephone call, or through the Internet;
(2) made by electronic funds transfer; or
(3) made by 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.
[(c) Before accepting a payment by credit card, the
institution shall notify the student of any fee to be charged under
this section.]
SECTION 2.06. 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 2.07. 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 2.08. Section 404.097(d), 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 2.09. 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 2.10. 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, 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.
ARTICLE 3. HUMAN RESOURCES
SECTION 3.01. Section 51.964(a), 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 3.02. Section 659.018, Government Code, is amended
to read as follows:
Sec. 659.018. COMPENSATORY TIME: PLACE WHERE WORK
PERFORMED. (a) Except under circumstances specified in the
General Appropriations Act, an employee of a state agency as
defined by Section 658.001 may not, for hours worked during any
calendar week, accumulate compensatory time off under Section
659.015(f) or 659.016 to the extent that the hours are attributable
to work performed at a location other than the employee's regular or
temporarily assigned place of employment.
(b) For purposes of Subsection (a), the [The] employee's
personal residence may not be 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.
ARTICLE 4. INFORMATION TECHNOLOGY
SECTION 4.01. Section 2054.003(12), Government Code, is
amended to read as follows:
(12) "State agency" means a department, commission,
board, office, council, authority, or other agency in the executive
or judicial branch of state government that is created by the
constitution or a statute of this state, but does not
include [including] a university system or institution of higher
education as those terms are defined by Section 61.003, Education
Code.
SECTION 4.02. Section 2054.077, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) In this section, "state agency" includes a university
system or institution of higher education as those terms are
defined by Section 61.003, Education Code.
SECTION 4.03. Section 2054.2011, Government Code, is
amended by adding Subdivision (3) to read as follows:
(3) "State agency" includes a university system or
institution of higher education as those terms are defined by
Section 61.003, Education Code.
SECTION 4.04. Section 2054.251, Government Code, is amended
by adding Subdivision (7) to read as follows:
(7) "State agency" includes a university system or
institution of higher education as defined by Section 61.003,
Education Code.
SECTION 4.05. Sections 2054.113(a) and 2054.121,
Government Code, are repealed.
ARTICLE 5. REGULATORY AND ADMINISTRATIVE MATTERS
SECTION 5.01. Section 2166.302, Government Code, is amended
to read as follows:
Sec. 2166.302. ADOPTION OF CONDITIONS. (a) The commission
shall 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) In this section, "institution of higher education" has
the meaning assigned by Section 61.003, Education Code, but does
not include a public junior college.
SECTION 5.02. Section 2007.002(1), Government Code, is
amended to read as follows:
(1) "Governmental entity" means:
(A) a board, commission, council, department, or
other agency in the executive branch of state government that is
created by constitution or statute, other than [including] an
institution of higher education as defined by Section 61.003,
Education Code; or
(B) a political subdivision of this state.
SECTION 5.03. 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 5.04. 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 5.05. Sections 551.121(b), (c), and (e), 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 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.
ARTICLE 6. REPORTING
SECTION 6.01. Sections 51.680(b) and (c), 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 publicly 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 6.02. Section 403.021(a), Government Code, is
amended to read as follows:
(a) In this section, "state agency" has the meaning assigned
by Section 403.013, except that the term does not include a
university system or an institution of higher education as those
terms are defined by Section 61.003, Education Code.
SECTION 6.03. Subchapter B, Chapter 572, Government Code, is
amended by adding Section 572.0211 to read as follows:
Sec. 572.0211. EXEMPTION FOR CERTAIN APPOINTED STATE
OFFICERS NOT REAPPOINTED. (a) A state officer who is a member of
the governing board of an institution of higher education is exempt
from the filing requirement of Section 572.021 in the year in which
the member's term expires if:
(1) the member's term expires on or before April 1 of
that year; and
(2) on or before April 30 of that year another
individual has been nominated or appointed to fill the succeeding
term in the member's position on the governing board.
(b) 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, the individual shall file a financial statement as required
by Section 572.021 for the preceding calendar year not later than
August 1.
SECTION 6.04. 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 6.05. 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 6.06. Section 2166.101(a), 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 6.07. Section 2254.006, Government Code, is amended
to read as follows:
Sec. 2254.006. CONTRACT NOTIFICATION. A state agency,
other than [including] an institution of higher education as
defined by Section 61.003, Education Code, shall 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. The notice must be on a form prescribed by the
Legislative Budget Board and filed not later than the 10th day after
the date the agency enters into the contract.
SECTION 6.08. Section 2166.101(f), Government Code, is
repealed.
ARTICLE 7. EFFECTIVE DATE
SECTION 7.01. Except as otherwise provided by another
provision of 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.