By: Brown of Brazos, et al. H.B. No. 746
        (Senate Sponsor - Patrick)
         (In the Senate - Received from the House May 13, 2009;
  May 14, 2009, read first time and referred to Committee on Higher
  Education; May 25, 2009, reported favorably, as amended, by the
  following vote:  Yeas 5, Nays 0; May 25, 2009, sent to printer.)
 
  COMMITTEE AMENDMENT NO. 1 By:  Patrick
 
 
  Amend H.B. 746 (engrossed version) as follows:
         (1)  Strike SECTION 1 entirely.
         (2)  In SECTION 2, on page 1, Line 40 strike "shall" and
  substitute "may".
         (3)  In SECTION 2, on page 1, line 48, strike "institution of
  higher education" and substitute "junior college".
         (4)  In SECTION 2, strike subsection  (d) entirely (page 1,
  line 62 through page 2, line 7).
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to expanding the availability of classrooms and other
  facilities for use by public colleges and universities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 130.0103(a), Education Code,  is amended
  to read as follows:
         (a)  The board of trustees of a junior college district may
  establish and operate a dual usage educational complex to provide a
  shared facility for the educational activities of the district and
  other participating entities.  The board of trustees may enter into
  a cooperative agreement governing the operation and use of the
  complex with the governing bodies of one or more of the following
  entities:
               (1)  a county, municipality, or school district located
  in whole or in part in the service area of the junior college
  district; or
               (2)  another institution of higher education [with a
  campus or other educational facility located in the same state
  uniform service region as adopted by the coordinating board].
         SECTION 2.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.975 to read as follows:
         Sec. 51.975.  SHARING OF UNDERUSED CLASSROOMS.  (a)  A public
  institution of higher education shall make the institution's
  classrooms not scheduled for use by the institution or by students,
  student organizations, or faculty of the institution between 5 p.m.
  and 10 p.m. on one or more weekdays or between 8 a.m. and 5 p.m. on
  one or more Saturdays available for that day to another public
  institution of higher education on request for teaching courses in
  the core curriculum, as defined by Section 61.821, or continuing
  education courses.
         (b)  A public institution of higher education that under
  Subsection (a) makes a classroom available to another institution
  shall continue to make that classroom, or a comparable classroom,
  available to the other institution for the duration of the semester
  or other academic term.
         (c)  An institution of higher education may charge another
  institution for the use of a classroom under this section at a rate
  not to exceed the rate permitted for this purpose as determined by
  the Texas Higher Education Coordinating Board.  The coordinating
  board shall establish those rates in an amount to reimburse the host
  institution for utility costs and other costs, such as maintenance
  and custodial services, based on the infrastructure formula funding
  that the host institution would receive if teaching a course in that
  space itself for that time.
         (d)  The Texas Higher Education Coordinating Board shall
  submit to the legislature a written report for each semester or
  summer session regarding each public institution of higher
  education's classroom utilization rates during the times and on the
  days specified by Subsection (a).  The coordinating board shall
  submit the report as soon as practicable after each semester or
  summer session and may include the report in another report made by
  the coordinating board.
         SECTION 3.  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, 2009.
 
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