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Amend CSSB 2039 (Senate committee printing) as follows:
(1) In SECTION 1.01, ARTICLE 1 of the bill, in the
introductory language to that SECTION (page 1, line 14), strike "by
adding Section 51.358" and substitute "by adding Sections 51.358
and 51.359".
(2) In SECTION 1.01, ARTICLE 1 of the bill, strike added
Subsection (m), Section 51.358, Education Code, (page 2, lines 51
through 62), and substitute the following:
(m) The interim governing board shall prepare an annual
financial statement for the university or university system. An
audit of the financial statement must be prepared by the state
auditor or, if the authority to contract for audit services is
delegated by the state auditor in accordance with Section 321.020,
Government Code, by an independent private auditor. The audit
required by this subsection must include a review of a contract
entered into by the university or university system that:
(1) is active; or
(2) the university or university system entered into
during the two-year period immediately preceding the date the
interim administration took effect.
(3) In SECTION 1.01, ARTICLE 1 of the bill, in added
Subsection (r), Section 51.358, Education Code (page 3, line 35),
strike "two" and substitute "three".
(4) In SECTION 1.01, ARTICLE 1 of the bill, immediately
following added Section 51.358, Education Code (page 3, between
lines 47 and 48), add the following:
Sec. 51.359. DENIAL OF EMPLOYMENT FOR CONTRIBUTION TO
FINANCIAL OR ADMINISTRATIVE EXIGENCY. The interim governing board
of a university or university system subject to an interim
administration under Section 51.358 may make a determination that
an individual's act or omission was a material cause of the
condition of financial or administrative exigency at the university
or university system that resulted in the interim administration.
If the interim governing board makes a determination under this
section, the individual shall be denied employment in an
administrative capacity with the university or university system
and any employment contract provision concerning administrative
employment of that individual is void by the university or system.
(5) In SECTION 2.01, ARTICLE 2 of the bill, strike added
Section 2116.001, Government Code (page 3, lines 55 through 61),
and substitute the following:
Sec. 2116.001. DEFINITION. In this chapter, "state agency"
means a department, commission, board, office, or other agency or
entity governed by a commissioner or other officer appointed by the
governor or by a board, commission, or other governing body with one
or more members appointed by the governor that:
(1) is in the executive branch of state government; or
(2) is created by statute.
(6) In SECTION 2.01, ARTICLE 2 of the bill, strike added
Subsection (b), Section 2116.024, Government Code (page 5, line 64
through page 6, line 5), and substitute the following:
(b) The interim administrator shall prepare an annual
financial statement for the agency. An audit of the financial
statement must be prepared by the state auditor or, if the authority
to contract for audit services is delegated by the state auditor in
accordance with Section 321.020, by an independent private auditor.
The audit required by this subsection must include a review of a
contract entered into by the agency that:
(1) is active; or
(2) the agency entered into during the two-year period
immediately preceding the date the interim administration took
effect.
(7) In SECTION 2.01, ARTICLE 2 of the bill, following added
Section 2116.043, Government Code (page 7, between lines 6 and 7),
insert the following:
SUBCHAPTER E. EMPLOYMENT PROVISIONS DURING INTERIM ADMINISTRATION
Sec. 2116.061. DENIAL OF EMPLOYMENT FOR CONTRIBUTION TO
FINANCIAL OR ADMINISTRATIVE EXIGENCY. The interim administrator or
interim governing board or officer, as applicable, of a state
agency subject to this chapter may make a determination that an
individual's act or omission was a material cause of the condition
of financial or administrative exigency at the agency that resulted
in the interim administration or the abolition of the position of
governing officer or the governing body. If the interim
administrator, or interim governing board or officer, as
applicable, makes a determination under this section, the
individual shall be denied employment with the agency and any
existing employment contract with that individual is void.
(8) Add the following SECTION and renumber subsequent
SECTIONS appropriately:
SECTION __. Chapter 321, Government Code, is amended by
adding Section 321.024 to read as follows:
Sec. 321.024. MEETING BY TELECOMMUNICATION DEVICE. (a) As
an exception to Chapter 551 and other law, if a meeting is located
in Austin and the joint chairs of the committee are physically
present at the meeting, then any number of the other members of the
committee may attend the meeting by use of telephone conference
call, video conference call, or other similar telecommunication
device.
(b) This section applies for purposes of constituting a
quorum, for purposes of voting, and for any other purpose allowing a
member of the committee to otherwise fully participate in any
meeting of the committee, and applies only to a meeting held
pursuant to Chapter 2104 or 2116 of this code, or Section 51.358,
Education Code.
(c) A meeting held by use of telephone conference call,
video conference call, or other similar telecommunication device:
(1) is subject to the notice requirements applicable
to other meetings of the committee;
(2) must specify in the notice of the meeting the
location in Austin of the meeting at which the joint chairs will be
physically present;
(3) must be open to the public and shall be audible to
the public at the location in Austin specified in the notice of the
meeting as the location of the meeting at which the joint chairs
will be physically present; and
(4) must provide two-way audio communication between
all members of the committee attending the meeting during the
entire meeting, and if the two-way audio communication link with
any member attending the meeting is disrupted at any time, the
meeting may not continue until the two-way audio communication link
is reestablished.