81R2399 KSD-F
 
  By: Shapiro S.B. No. 174
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to online performance reports for public institutions of
  higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 3, Education Code, is amended
  by adding Chapter 51A to read as follows:
  CHAPTER 51A. ONLINE PERFORMANCE REPORT CARDS FOR INSTITUTIONS OF
  HIGHER EDUCATION
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 51A.001.  DEFINITIONS.  In this chapter:
               (1)  "Coordinating board" means the Texas Higher
  Education Coordinating Board.
               (2)  "General academic teaching institution,"
  "institution of higher education," "medical and dental unit,"
  "public state college," and "public technical institute" have the
  meanings assigned by Section 61.003.
         Sec. 51A.002.  POWERS AND DUTIES OF COORDINATING BOARD
  RELATING TO REPORT CARDS; GENERAL REQUIREMENTS FOR REPORT CARDS.
  (a) The coordinating board, in consultation with each institution
  of higher education to which this chapter applies, shall develop
  and maintain online report cards for each of those institutions.
         (b)  The coordinating board shall:
               (1)  request from each institution of higher education
  to which this chapter applies any information the coordinating
  board considers necessary for the coordinating board to include
  information or calculate data required to be included in the
  institution's report card;
               (2)  establish for each institution of higher education
  to which this chapter applies a list of representative in-state and
  out-of-state peer institutions and maintain that list on the
  coordinating board's Internet website;
               (3)  ensure that each of an institution of higher
  education's online report cards:
                     (A)  is available to the public on the
  coordinating board's Internet website, in a one-page format if
  possible, and is accessible through a link that appears in a
  prominent place on the coordinating board's Internet website
  homepage;
                     (B)  uses enhanced, user-friendly search
  capabilities to ensure that the information required to be included
  in the report card is easily accessible to the persons for whom the
  report card is designed; and
                     (C)  includes a clearly identifiable link to
  information on the coordinating board's Internet website regarding
  the coordinating board's higher education accountability system;
  and
               (4)  ensure that the information provided in each
  report card is accurate and up to date and includes the most recent
  data available for out-of-state peer institutions.
         (c)  The coordinating board may modify, as the coordinating
  board considers necessary, national data regarding an
  institution's out-of-state peer institutions to ensure uniformity
  in the comparison of that data to data regarding the institution for
  which the report card is created and the institution's in-state
  peer institutions in a report card under this chapter.
         (d)  The coordinating board is not required to include in the
  report card any category of information that is unavailable to the
  coordinating board.
         Sec. 51A.003.  DUTIES OF INSTITUTIONS OF HIGHER EDUCATION
  RELATING TO REPORT CARDS. Each institution of higher education to
  which this chapter applies shall:
               (1)  submit to the coordinating board any information
  requested by the coordinating board as necessary for the
  coordinating board to include information or calculate data
  required to be included in the institution's report cards; and
               (2)  ensure that the institution's Internet website
  homepage includes, in a prominent place, an accessible link to the
  institution's online report cards maintained on the coordinating
  board's Internet website.
  [Sections 51A.004-51A.050 reserved for expansion]
  SUBCHAPTER B. ONLINE PERFORMANCE REPORT CARDS FOR FOUR-YEAR GENERAL
  ACADEMIC TEACHING INSTITUTIONS
         Sec. 51A.051.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies only to general academic teaching institutions, other than
  public state colleges.
         Sec. 51A.052.  REPORT CARD FOR LEGISLATORS AND OTHER
  POLICYMAKERS.  (a)  The coordinating board shall maintain for each
  institution to which this subchapter applies an online report card
  that is designed for use by legislators and other interested
  policymakers.
         (b)  The report card required by this section must identify:
               (1)  the institutional grouping to which the
  institution is assigned under the coordinating board's higher
  education accountability system; and
               (2)  the institution's in-state and out-of-state peer
  institutions.
         (c)  For purposes of this section, information required to be
  included in the report card regarding the institution's in-state or
  out-of-state peer institutions must be listed in the form of the
  average of that information for those institutions unless otherwise
  prescribed by coordinating board rule.
         (d)  The report card must include the following information
  relating to the institution for the most recent state fiscal year
  for which the information is available, and compare that
  information to the same information for the state fiscal year
  preceding the most recent state fiscal year for which the
  information is available and the state fiscal year preceding the
  most recent state fiscal year for which the information is
  available by five years:
               (1)  under the heading "ENROLLMENT," the total number
  of students enrolled in the institution during the fall semester
  that ended in the fiscal year covered by the report card;
               (2)  under the heading "COSTS," the average annual
  total academic costs for a resident undergraduate student enrolled
  in 30 semester credit hours:
                     (A)  at the institution; and
                     (B)  at the institution's in-state and
  out-of-state peer institutions;
               (3)  under the heading "STUDENT SUCCESS":
                     (A)  the retention rate of first-time, full-time,
  degree-seeking entering undergraduate students:
                           (i)  enrolled in the institution after one
  academic year and after two academic years; and
                           (ii)  enrolled in the institution's in-state
  peer institutions after two academic years;
                     (B)  the percentage of undergraduate students
  requiring developmental education who, after six years from
  entering the institution, graduated from or are still enrolled in:
                           (i)  the institution; and
                           (ii)  the institution's in-state peer
  institutions;
                     (C)  the four-year and six-year graduation rates
  of full-time degree-seeking students:
                           (i)  at the institution; and
                           (ii)  at the institution's in-state and
  out-of-state peer institutions; and
                     (D)  the average number of fall and spring
  semesters of enrollment attempted by a student to obtain a
  bachelor's degree:
                           (i)  at the institution; and
                           (ii)  at the institution's in-state peer
  institutions; and
               (4)  under the heading "FUNDING":
                     (A)  the total amount of money appropriated by the
  legislature to the institution, including money appropriated for
  faculty and staff health coverage and retirement benefits; and
                     (B)  the total amount of money from any source
  available to the institution in that state fiscal year.
         Sec. 51A.053.  REPORT CARD FOR PROSPECTIVE STUDENTS,
  PARENTS, AND MEMBERS OF THE PUBLIC.  (a) The coordinating board
  shall maintain for each institution to which this subchapter
  applies an online performance report card that is designed for use
  by prospective students of the institution, their parents, and
  other interested members of the public.  A report card required for
  an institution under this section is not required to include
  information that the coordinating board considers to be
  substantially duplicative of information reported and available to
  the public through the Voluntary System of Accountability Program.
         (b)  The report card must identify:
               (1)  the institutional grouping to which the
  institution is assigned under the coordinating board's higher
  education accountability system; and
               (2)  the institution's in-state peer institutions.
         (c)  Except as otherwise provided by the coordinating board
  under Subsection (a), the report card must include the following
  information relating to the most recent state fiscal year for which
  the information is available:
               (1)  under the heading "ENROLLMENT":
                     (A)  the total number of students enrolled in the
  institution during the fall semester that ended in the fiscal year
  covered by the report card; and
                     (B)  a clearly identifiable link to the
  information described by Paragraph (A) disaggregated by student
  ethnicity;
               (2)  under the heading "DEGREES AWARDED":
                     (A)  the number of bachelor's degrees, number of
  master's degrees, number of doctoral degrees, and number of
  professional degrees awarded by the institution; and
                     (B)  a clearly identifiable link to the
  information described by Paragraph (A) disaggregated by student
  ethnicity;
               (3)  under the heading "COSTS":
                     (A)  the average annual total academic costs for a
  resident undergraduate student enrolled in 30 semester credit hours
  at the institution;
                     (B)  clearly identifiable links to information
  regarding:
                           (i)  the rate or rates of tuition per
  semester credit hour charged by the institution;
                           (ii)  any mandatory fees, as defined by the
  coordinating board, imposed by the institution; and
                           (iii)  the amount and percentage by which
  the institution has increased tuition for a degree program or
  course level during the state fiscal year covered by the report
  card;
                     (C)  the average cost of on-campus room and board
  per student; and
                     (D)  the average cost to a resident undergraduate
  student enrolled in 30 semester credit hours for total academic
  costs and on-campus room and board, excluding the cost of books,
  supplies, transportation, or other expenses;
               (4)  under the heading "FINANCIAL AID":
                     (A)  the percentage of undergraduate students
  enrolled in the institution who receive need-based grants or
  scholarships;
                     (B)  the percentage of undergraduate students
  enrolled in the institution who receive need-based grants,
  scholarships, loans, or work-study funds;
                     (C)  the average amount of an undergraduate
  student's need-based grant and scholarship package; and
                     (D)  the average amount of an undergraduate
  student's need-based grant, scholarship, loan, and work-study
  package;
               (5)  under the heading "ADMISSIONS":
                     (A)  the percentage of undergraduate students
  whose Scholastic Assessment Test (SAT) score placed the students in
  the 25th to 75th percentile of students' scores on that test
  nationally;
                     (B)  the percentage of undergraduate students
  whose American College Test (ACT) score placed the students in the
  25th to 75th percentile of students' scores on that test
  nationally; and
                     (C)  the percentage of the students who applied
  for first-time undergraduate admission to the institution who were
  offered admission to the institution;
               (6)  under the heading "INSTRUCTION":
                     (A)  the student/faculty ratio at the
  institution;
                     (B)  the percentage of organized undergraduate
  classes offered by the institution in which fewer than 20 students
  are enrolled;
                     (C)  the percentage of organized undergraduate
  classes offered by the institution in which more than 50 students
  are enrolled; and
                     (D)  the percentage of teaching faculty members of
  the institution who are tenured or tenure-track;
               (7)  under the heading "BACCALAUREATE SUCCESS":
                     (A)  four-year, five-year, and six-year
  graduation rates for full-time bachelor's degree-seeking students
  at the institution, and links to that information disaggregated by
  student ethnicity; and
                     (B)  the average number of years of enrollment
  attempted by a student to obtain a bachelor's degree; and
               (8)  under the heading "FIRST-TIME LICENSURE OR
  CERTIFICATION EXAMINATION PASS RATES," the first-time licensure or
  certification examination pass rates in the fields of education,
  law, pharmacy, nursing, and engineering of students enrolled in the
  institution or who have graduated from the institution.
  [Sections 51A.054-51A.100 reserved for expansion]
  SUBCHAPTER C. PERFORMANCE REPORT CARDS FOR LOWER-DIVISION
  INSTITUTIONS
         Sec. 51A.101. APPLICABILITY OF SUBCHAPTER. This subchapter
  applies only to the following institutions of higher education:
               (1)  public junior colleges;
               (2)  public technical institutes; and
               (3)  public state colleges.
         Sec. 51A.102.  REPORT CARD FOR LEGISLATORS AND OTHER
  POLICYMAKERS.  (a)  The coordinating board shall maintain for each
  institution to which this subchapter applies an online performance
  report card for the institution designed for use by legislators and
  other interested policymakers.
         (b)  The report card must identify:
               (1)  the institutional grouping to which the
  institution is assigned under the coordinating board's higher
  education accountability system; and
               (2)  the institution's in-state peer institutions.
         (c)  For purposes of this section, information required to be
  included in the report card regarding the institution's in-state
  peer institutions must be listed in the form of the average of that
  information for those institutions unless otherwise prescribed by
  coordinating board rule.
         (d)  The report card must include the following information
  relating to the institution for the most recent state fiscal year
  for which  the information is available, and compare that
  information to the same information for the state fiscal year
  preceding the most recent state fiscal year for which the
  information is available and the state fiscal year preceding the
  most recent state fiscal year for which the information is
  available by five years:
               (1)  under the heading "ENROLLMENT," the total number
  of students enrolled in the institution for course credit during
  the fall semester that ended in the fiscal year covered by the
  report card;
               (2)  under the heading "COSTS," the average annual
  total academic costs, including tuition and mandatory fees, as
  defined by the coordinating board, and which for a junior college
  must include those costs for an in-district and an out-of-district
  student, for a student enrolled in 30 semester credit hours toward a
  two-year degree or certificate:
                     (A)  at the institution; and
                     (B)  at the institution's in-state peer
  institutions;
               (3)  under the heading "STUDENT SUCCESS":
                     (A)  the retention rate of first-time, full-time,
  credential-seeking entering undergraduate students:
                           (i)  enrolled in the institution after two
  academic years; and
                           (ii)  enrolled in the institution's in-state
  peer institutions after two academic years;
                     (B)  the percentage of undergraduate students
  requiring developmental education who, after three years from
  entering the institution, graduated from or are still enrolled for:
                           (i)  the institution; and
                           (ii)  the institution's in-state peer
  institutions;
                     (C)  the three-year, four-year, and six-year
  graduation rates of full-time credential-seeking students:
                           (i)  at the institution; and
                           (ii)  at the institution's in-state peer
  institutions;
                     (D)  the percentage of students who transferred to
  a general academic teaching institution or equivalent institution
  of higher education, as determined using the accountability system
  definition of a transfer student:
                           (i)  from the institution; and
                           (ii)  from the institution's in-state peer
  institutions; and
                     (E)  the percentage of graduates from the
  preceding academic year who, as of the fall semester that ended in
  the fiscal year covered by the report card, were either employed or
  enrolled in a general academic teaching institution or equivalent
  institution of higher education for:
                           (i)  the institution; and
                           (ii)  the institution's in-state peer
  institutions; and
               (4)  under the heading "FUNDING":
                     (A)  the total amount of money appropriated by the
  legislature to the institution for that state fiscal year,
  including money appropriated for faculty and staff health coverage
  and retirement benefits;
                     (B)  the total amount of money from any source
  available to the institution in that state fiscal year; and
                     (C)  the tax rate per $100 valuation of taxable
  property imposed by the junior college district, if the institution
  is a public junior college.
         Sec. 51A.103.  REPORT CARD FOR PROSPECTIVE STUDENTS,
  PARENTS, AND OTHER MEMBERS OF THE PUBLIC.  (a)  The coordinating
  board shall maintain for each institution to which this subchapter
  applies an online performance report card that is designed for use
  by prospective students of the institution, their parents, and
  other interested members of the public.
         (b)  The report card must identify:
               (1)  the institutional grouping to which the
  institution is assigned under the coordinating board's higher
  education accountability system; and
               (2)  the institution's in-state peer institutions.
         (c)  For purposes of this section, information required to be
  included in the report card regarding the institution's in-state
  peer institutions must be listed in the form of the average of that
  information for those institutions unless otherwise prescribed by
  coordinating board rule.
         (d)  The report card must include the following information
  relating to the most recent state fiscal year for which the
  information is available:
               (1)  under the heading "ENROLLMENT":
                     (A)  the total number of students enrolled during
  the fall semester that ended in the fiscal year covered by the
  report card:
                           (i)  at the institution; and
                           (ii)  at the institution's in-state peer
  institutions; and
                     (B)  a clearly identifiable link to information
  described by Paragraph (A) disaggregated by student ethnicity;
               (2)  under the heading "DEGREES AND CERTIFICATES
  AWARDED":
                     (A)  the number of degrees or certificates awarded
  for each level, type, or other category of degree or certificate
  specified by the coordinating board for purposes of this paragraph:
                           (i)  by the institution; and
                           (ii)  by the institution's in-state peer
  institutions; and
                     (B)  a clearly identifiable link to the
  information described by Paragraph (A) disaggregated by student
  ethnicity;
               (3)  under the heading "COSTS," the average annual
  total academic costs, which for a junior college must include those
  costs for an in-district and out-of-district student, for a student
  enrolled in 30 semester credit hours toward a two-year degree:
                     (A)  at the institution; and
                     (B)  at the institution's in-state peer
  institutions;
               (4)  under the heading "FINANCIAL AID":
                     (A)  the percentage of students who receive
  need-based grants or scholarships:
                           (i)  at the institution; and
                           (ii)  at the institution's in-state peer
  institutions;
                     (B)  the percentage of students who receive
  need-based grants, scholarships, loans, or work-study funds:
                           (i)  at the institution; and
                           (ii)  at the institution's in-state peer
  institutions;
                     (C)  the average amount of a student's need-based
  grant and scholarship package:
                           (i)  at the institution; and
                           (ii)  at the institution's in-state peer
  institutions; and
                     (D)  the average amount of a student's need-based
  grant, scholarship, loan, and work-study package:
                           (i)  at the institution; and
                           (ii)  at the institution's in-state peer
  institutions; and
               (5)  under the heading "STUDENT SUCCESS":
                     (A)  the retention rate of first-time, full-time,
  credential-seeking entering undergraduate students:
                           (i)  enrolled in the institution after two
  academic years; and
                           (ii)  enrolled in the institution's in-state
  peer institutions after two academic years;
                     (B)  the percentage of students requiring
  developmental education who, after three years from entering the
  institution, have graduated from or are still enrolled in:
                           (i)  the institution; and
                           (ii)  the institution's in-state peer
  institutions;
                     (C)  the three-year, four-year, and six-year
  graduation rates of full-time degree-seeking students:
                           (i)  at the institution; and
                           (ii)  at the institution's in-state peer
  institutions;
                     (D)  the percentage of students who transferred to
  a general academic teaching institution or equivalent institution
  of higher education, as determined using the accountability system
  definition of a transfer student:
                           (i)  from the institution; and
                           (ii)  from the institution's in-state peer
  institutions; and
                     (E)  the percentage of graduates from the
  preceding academic year who, as of the fall semester that ended in
  the fiscal year covered by the report card, were either employed or
  enrolled in a general academic teaching institution or equivalent
  institution of higher education for:
                           (i)  the institution; and
                           (ii)  the institution's in-state peer
  institutions.
  [Sections 51A.104-51A.150 reserved for expansion]
  SUBCHAPTER D.  ONLINE PERFORMANCE REPORT CARDS FOR MEDICAL AND
  DENTAL UNITS
         Sec. 51A.151.  APPLICABILITY OF SUBCHAPTER.  This subchapter
  applies only to medical and dental units.
         Sec. 51A.152.  REPORT CARD FOR LEGISLATORS AND OTHER POLICY
  MAKERS.  (a) The coordinating board shall maintain for each
  institution to which this subchapter applies an online performance
  report card designed for use by legislators and other interested
  policy makers.
         (b)  The report card must identify:
               (1)  the institutional grouping to which the
  institution is assigned under the coordinating board's higher
  education accountability system; and
               (2)  the institution's in-state and out-of-state peer
  institutions.
         (c)  For purposes of this section, information required to be
  included in the report card regarding the institution's in-state or
  out-of-state peer institutions must be listed in the form of the
  average of that information for those institutions unless otherwise
  prescribed by coordinating board rule.
         (d)  The report card must include the following information
  relating to the institution for the most recent state fiscal year
  for which the information is available, and compare that
  information to the same information for the state fiscal year
  preceding the most recent state fiscal year for which the
  information is available and the state fiscal year preceding the
  most recent state fiscal year for which the information is
  available by five years:
               (1)  under the heading "ENROLLMENT":
                     (A)  the total number of students enrolled in the
  institution during the fall semester that ended in the fiscal year
  covered by the report card;
                     (B)  if applicable, the total number of students
  enrolled in the institution's medical school during that fall
  semester; and
                     (C)  if applicable, the total number of physicians
  certified by the institution annually on September 1 as training in
  residency programs accredited by the Accreditation Council for
  Graduate Medical Education or the American Osteopathic
  Association;
               (2)  under the heading "COSTS," the average annual
  total academic costs, including those costs identified by type of
  degree program if required by coordinating board rule, for a
  resident, full-time undergraduate student and for a resident,
  full-time graduate student:
                     (A)  at the institution; and
                     (B)  at the institution's in-state and
  out-of-state peer institutions;
               (3)  under the heading "STUDENT SUCCESS":
                     (A)  if applicable, the percentage of medical
  school students who pass Part 1 or Part 2 of any examination
  administered or accepted for a medical license under Subtitle B,
  Title 3, Occupations Code:
                           (i)  at the institution; and
                           (ii)  at the institution's in-state and
  out-of-state peer institutions;
                     (B)  if applicable, the percentage of medical
  school students who are practicing primary care in this state:
                           (i)  after graduating from the institution;
  and
                           (ii)  after graduating from the
  institution's in-state peer institutions;
                     (C)  the number of nursing degrees or allied
  health degrees awarded for each level:
                           (i)  by the institution; and
                           (ii)  by the institution's in-state and
  out-of-state peer institutions; and
                     (D)  the estimated total amount of the
  institution's research expenditures for the most recent state
  fiscal year available; and
               (4)  under the heading "FUNDING":
                     (A)  the total amount of money appropriated by the
  legislature to the institution, including money appropriated for
  faculty and staff health coverage and retirement benefits, for that
  state fiscal year; and
                     (B)  the total amount of money from any source
  available to the institution for that state fiscal year.
         Sec. 51A.153.  REPORT CARD FOR PROSPECTIVE STUDENTS,
  PARENTS, AND OTHER MEMBERS OF THE PUBLIC.  (a)  The coordinating
  board shall maintain for each institution to which this subchapter
  applies an online performance report card that is designed for use
  by prospective students of the institution, their parents, and
  other interested members of the public.
         (b)  The report card must identify:
               (1)  the institutional grouping to which the
  institution is assigned under the coordinating board's higher
  education accountability system; and
               (2)  the institution's in-state and out-of-state peer
  institutions.
         (c)  For purposes of this section, information required to be
  included in the report card regarding the institution's in-state
  peer institutions must be listed in the form of the average of that
  information for those institutions unless otherwise prescribed by
  coordinating board rules.
         (d)  The report card must include the following information
  relating to the most recent state fiscal year for which the
  information is available:
               (1)  under the heading "ENROLLMENT," with clearly
  identifiable links to the information disaggregated by student
  ethnicity:
                     (A)  the total number of students enrolled in the
  institution during the fall semester that ended in the fiscal year
  covered by the report card;
                     (B)  if applicable, the total number of students
  enrolled in the institution's medical school during that fall
  semester; and
                     (C)  if applicable, the total number of physicians
  certified by the institution annually on September 1 as training in
  residency programs accredited by the Accreditation Council for
  Graduate Medical Education or the American Osteopathic Association
  at the institution on the most recent September 1 for which the
  information is available;
               (2)  under the heading "COSTS":
                     (A)  the average annual total academic costs,
  including those costs identified by type of degree program if
  required by coordinating board rule, for a resident, full-time
  student at the institution;
                     (B)  clearly identifiable links to information
  regarding:
                           (i)  the tuition per academic year charged
  by the institution under Section 54.051;
                           (ii)  any mandatory fees, as defined by the
  coordinating board, imposed by the institution; and
                           (iii)  the amount and percentage by which
  the institution has increased tuition for a degree program or
  course level during the five state fiscal years preceding the state
  fiscal year covered by the report card; and
                     (C)  the average cost to a resident undergraduate
  student enrolled in 30 semester credit hours for tuition and fees;
               (3)  under the heading "FINANCIAL AID":
                     (A)  the percentage of graduate students enrolled
  in the institution who receive need-based grants or scholarships;
                     (B)  the percentage of graduate students enrolled
  in the institution who receive need-based grants, scholarships,
  loans, or work-study funds;
                     (C)  the average amount of a graduate student's
  need-based grant and scholarship package; and
                     (D)  the average amount of a graduate student's
  need-based grant, scholarship, loan, and work-study package;
               (4)  under the heading "STUDENT SUCCESS":
                     (A)  if applicable, the percentage of medical
  school students who pass Part 1 or Part 2 of any examination
  administered or accepted for a medical license under Subtitle B,
  Title 3, Occupations Code:
                           (i)  at the institution; and
                           (ii)  at the institution's in-state peer
  institutions;
                     (B)  if applicable, the percentage of medical
  school students who are practicing primary care in this state:
                           (i)  after graduating from the institution;
  and
                           (ii)  after graduating from the
  institution's in-state peer institutions;
                     (C)  the number of nursing degrees or allied
  health degrees awarded for each level:
                           (i)  by the institution; and
                           (ii)  by the institution's in-state peer
  institutions; and
                     (D)  the estimated total amount of the
  institution's research expenditures; and
               (5)  under the heading "FIRST-TIME LICENSURE OR
  CERTIFICATION EXAMINATION PASS RATES," the first-time licensure or
  certification examination pass rates in applicable fields of
  students who are enrolled in or have graduated from:
                     (A)  the institution; and
                     (B)  the institution's in-state peer
  institutions.
         SECTION 2.  The Texas Higher Education Coordinating Board
  shall create the online performance report cards required by
  Chapter 51A, Education Code, as added by this Act, and provide the
  report cards on the board's Internet website not later than
  February 1, 2010.
         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.