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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration and business affairs of public |
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institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. FINANCIAL MANAGEMENT |
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SECTION 1.01. Subsection (b), Section 51.003, Education |
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Code, is amended to read as follows: |
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(b) The funds shall either be deposited in the depository |
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bank or banks or invested as authorized by Chapter 2256, Government |
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Code (Public Funds Investment Act). Funds that are to be deposited |
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in the depository bank or banks must be deposited within seven days |
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from the date of receipt by the institution [collection].
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SECTION 1.02. Subchapter A, Chapter 51, Education Code, is |
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amended by adding Section 51.010 to read as follows: |
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Sec. 51.010. PAYMENTS BY ELECTRONIC FUNDS TRANSFER OR |
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ELECTRONIC PAY CARD. An institution of higher education may make |
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any payment, including salary or wages, through electronic funds |
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transfer or by electronic paycard. |
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SECTION 1.03. Subchapter A, Chapter 51, Education Code, is |
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amended by adding Section 51.011 to read as follows: |
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Sec. 51.011. COLLECTION OF DELINQUENT OBLIGATIONS. |
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If under the rules adopted by the attorney general under Chapter |
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2107, Government Code, an institution of higher education is not |
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required to refer a delinquent obligation for collection to the |
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attorney general, the institution is not required to expend |
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resources for further collection efforts if, considering the |
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amount, security, likelihood of collection, expense, and available |
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resources, the institution determines that further collection |
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should not be actively pursued. |
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SECTION 1.04. Subchapter A, Chapter 51, Education Code, is |
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amended by adding Section 51.012 to read as follows: |
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Sec. 51.012. DISPOSITION OF SMALL CREDIT BALANCES. (a) |
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This section applies to a credit balance of less than $25 that is |
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presumed abandoned under Chapter 72, Property Code, and is held by |
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an institution of higher education, as defined by Section 61.003. |
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(b) An institution of higher education may maintain an |
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unclaimed money fund and transfer to that fund a credit balance of |
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less than $25 that is presumed abandoned. Deposit in the unclaimed |
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money fund does not affect the ownership of the amount deposited, |
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and the institution shall adopt procedures for owners to make and |
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receive payment of claims. The institution shall maintain a |
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database that permits the public to search for ownership of |
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unclaimed funds. |
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(c) In consultation with institutions, the comptroller of |
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public accounts may by rule establish minimum requirements for |
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notice to owners of money credited to an unclaimed money fund and |
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charges for such a notice. The rules may not provide stricter |
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requirements than the comptroller of public accounts applies for |
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amounts of less than $25 in the custody of the comptroller under |
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Chapter 74, Property Code. |
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(d) The institution shall hold and account for the fund as |
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educational and general funds of the institution, and shall use the |
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unclaimed money fund to pay the claims of persons establishing |
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ownership of amounts transferred to the fund. If the fund balance |
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is insufficient to pay a valid claim, the institution shall pay the |
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claim from the educational and general funds of the institution. |
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(e) Each fiscal year after deducting funds sufficient to |
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pay anticipated expenses and claims of the unclaimed money fund, |
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the institution shall use the balance as other educational and |
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general funds of the institution. |
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(d) If an institution maintains an unclaimed money fund |
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under this section, Chapter 74, Property Code, does not apply to a |
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credit balance to which this section applies. |
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SECTION 1.05. Section 74.001, Property Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) This chapter does not apply to small credit balances |
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held by an institution of higher education in an unclaimed money |
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fund under Section 51.011, Education Code. |
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SECTION 1.06. Section 65.42, Education Code, is amended to |
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read as follows: |
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Sec. 65.42. DELINQUENT ACCOUNTS; VENUE. A suit by The |
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University of Texas System on its own behalf or on behalf of a |
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component institution of The University of Texas System to recover |
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a delinquent loan, account, or debt owed to The University of Texas |
|
System or a component institution of The University of Texas System |
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shall [may] be brought in Travis County.
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SECTION 1.07. Section 1231.001, Government Code, is amended |
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by amending Subdivision (2) and adding Subdivision (3) to read as |
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follows: |
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(2) "State security" means: |
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(A) an obligation, including a bond, issued by: |
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(i) a state agency; |
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(ii) an entity that is expressly created by |
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statute and has statewide jurisdiction; or |
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(iii) an entity issuing the obligation on |
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behalf of this state or on behalf of an entity described by |
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Subparagraph (i) or (ii); |
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(B) an installment sale or lease-purchase |
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obligation that is issued by or on behalf of an entity described by |
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Paragraph (A) and that has: |
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(i) a stated term of more than five years; |
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or |
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(ii) an initial principal amount of more |
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than $250,000; or |
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(C) an obligation, including a bond, that is |
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issued under Chapter 53, Education Code, at the request of or for |
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the benefit of an institution of higher education [as defined by |
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Section 61.003, Education Code,] other than a public junior
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college. |
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(3) "Institution of higher education" has the meaning |
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assigned by Section 61.003, Education Code. |
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SECTION 1.08. Section 1231.041, Government Code, is amended |
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to read as follows: |
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Sec. 1231.041. APPROVAL OF STATE SECURITY. (a) Except as |
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otherwise provided by this section, an [An] entity, including a
|
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state agency, may not issue a state security unless: |
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(1) the board approves the issuance; or |
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(2) the security is exempted under law or under rule |
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of the board adopted under Section 1231.022(2).
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(b) A state security issued by an institution of higher |
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education, or issued at the request of or for the benefit of an |
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institution of higher education, is not subject to board approval |
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unless the general revenue of the state is pledged to the payment |
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of the security. |
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SECTION 1.09. Section 51.012, Education Code, as added by |
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Section 1.04 of this Act, applies to credit balances of less than |
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$25 held on or after the effective date of this Act. |
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ARTICLE 2. GOODS AND SERVICES |
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SECTION 2.01. Section 51.9335, Education Code, is amended |
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by amending Subsections (d), (e), and (f), and adding Subsection |
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(g) and (h), to read as follows: |
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(d) To the extent of any conflict, this section prevails |
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over any other law, including Chapters 2155, 2156, 2157, 2158, |
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2167, and 2170, Government Code, except a law or rule relating to |
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contracting with historically underutilized businesses [or |
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relating to the procurement of goods and services from persons with |
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disabilities]. An institution of higher education may, but is not
|
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required to, acquire goods or services as provided by Chapters |
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2155, 2156, 2157, 2158, 2167, and 2170, Government Code. |
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(e) In this section, "institution of higher education" has |
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the meaning assigned by Section 61.003 and includes a school of |
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veterinary medicine and a health care facility operated by a |
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medical and dental unit, except that the term does not include [The |
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University of Texas M.D. Anderson Cancer Center or] a public junior
|
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college. |
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(f) Except as otherwise provided by this section, Subtitle |
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D, Title 10, Government Code, and Chapter 2254, Government Code,
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[This section] does not apply to purchase of goods and services |
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under this section [professional services as defined by Section |
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2254.002, Government Code].
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(g) The institution may adopt rules and procedures for the |
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acquisition of goods or services. |
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(h) In any contract for the acquisition of goods and |
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services, a provision required by applicable law is considered to |
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be a part of the executed contract without regard to (1) whether the |
|
provision appears on the face of the contract, or (2) any provision |
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of the contract to the contrary. |
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SECTION 2.02. Subsection (n), Section 2155.078, Government |
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Code, is amended to read as follows: |
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(n) This section does not apply to an institution [a medical |
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and dental unit] to which Section 51.9335, Education Code, applies
|
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or to an institution to which Section 73.115, Education Code, |
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applies. |
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SECTION 2.03. Subsection (f), Section 74.008, Education |
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Code, is repealed. |
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SECTION 2.04. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9336 to read as follows: |
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Sec. 51.9336. ELECTRONIC SIGNATURES. An institution of |
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higher education or university system shall determine whether, and |
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the extent to which, the institution will send and accept |
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electronic signatures to and from other persons and otherwise |
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create, generate, communicate, store, process, use, and rely upon |
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electronic signatures. The institution or system may adopt rules |
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and procedures governing the use of electronic signatures. |
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(b) To the extent of any conflict, this section prevails |
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over Chapter 322, Business and Commerce Code, and rules and |
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guidelines adopted under that chapter. |
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SECTION 2.05. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9337 to read as follows: |
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Sec. 51.9337. ACCESS TO ELECTRONIC AND INFORMATION |
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RESOURCES BY INDIVIDUALS WITH DISABILITIES. If an institution of |
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higher education or university system procures from a vendor |
|
electronic and information resources subject to Subchapter M, |
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Chapter 2054, Government Code, or any services for those |
|
resources, the vendor from which the resources or services are |
|
procured is primarily responsible for compliance by those |
|
resources or services with the accessibility requirements of that |
|
subchapter and the rules adopted under that subchapter, |
|
notwithstanding a requirement to the contrary of the procurement |
|
contract or of the rules adopted under that subchapter. |
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SECTION 2.06. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9338 to read as follows: |
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Sec. 51.9338. INTERAGENCY CONTRACTS FOR INFORMATION |
|
RESOURCE TECHNOLOGIES. Section 2054.119, Government Code, does |
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not apply to an interagency contract for information resources |
|
technologies between two or more institutions of higher education |
|
or between an institution of higher education or university system |
|
and one more state agencies, institutions of higher education, or |
|
university systems. |
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SECTION 2.07. Subchapter C, Chapter 791, Government Code, |
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is amended by adding Section 791.035 to read as follows: |
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Sec. 791.035. CONTRACTS WITH INSTITUTIONS OF HIGHER |
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EDUCATION. (a) A local government and an institution of higher |
|
education or university system may contract to perform any |
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governmental functions and services. If the terms of the contract |
|
provide for payment based on cost recovery, any law otherwise |
|
requiring competitive procurement does not apply to the functions |
|
and services covered by the contract. |
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(b) In this section, "institution of higher education" and |
|
"university system" have the meanings assigned by Section 61.003, |
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Education Code. |
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SECTION 2.08. Subsection (a), Section 153.006, Education |
|
Code, is amended to read as follows: |
|
(a) In order to carry out the purposes of this chapter and to |
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support the activities of centers described in this chapter, to the |
|
extent authorized by its governing board, an institution of higher |
|
education may: |
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(1) enter into agreements establishing royalties, |
|
fees, and other consideration for technology developed in whole or |
|
part by it; |
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(2) accept equity interests in organizations that |
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license, manage, or otherwise administer rights to technology |
|
belonging to it or under its control in exchange for such rights, in |
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whole or in part; |
|
(3) accept equity interests in organizations that |
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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; |
|
(6) without the necessity of approval by the attorney |
|
general, enter into contracts for legal services with a competent
|
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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. |
|
SECTION 2.09. Section 402.0212, Government Code, is amended |
|
by adding Subsection (e) to read as follows: |
|
(e) The attorney general may review and approve a standard |
|
form contract of a university system or an institution of higher |
|
education for legal services to be provided to the system or |
|
institution. If the attorney general approves a standard form, the |
|
attorney general is not required under this section to approve |
|
individual contracts that are in substantial compliance with the |
|
approved form or to approve invoices under those contracts. The |
|
attorney general may conduct an annual review of the standard form |
|
and the signed contracts and for that purpose may collect a fee, |
|
established in consultation with the university system or |
|
institution, reasonably estimated to cover the expenses of that |
|
review. |
|
SECTION 2.10. Subchapter C, Chapter 2254, Government Code, |
|
is amended by adding Sec. 2254.110 to read as follows: |
|
Sec. 2254.110. COLLECTION ACTIONS BY AN INSTITUTION OF |
|
HIGHER EDUCATION. A person awarded a contract under Chapter 2107 |
|
by an institution of higher education for a routine collection |
|
matter may file suit or otherwise pursue judicial action to collect |
|
the obligation owed in a court of this state or another state on |
|
behalf of the institution. |
|
SECTION 2.11. Section 2254.102, Government Code, is amended |
|
by adding Subsection (c) to read as follows: |
|
(c) This subchapter does not apply to a contract: |
|
(1) with a state agency to collect an obligation under |
|
Section 2107.003(b), (c), or (c-1), except as provided by Section |
|
2254.110; or
|
|
(2) for legal services entered into by an institution |
|
of higher education under Section 153.006, Education Code. |
|
SECTION 2.12. Section 2107.003(e), Government Code, is |
|
amended to read as follows: |
|
(e) Except as provided by Section 2254.110, [A] person
|
|
awarded a contract under Subsection (b), (c), or (c-1) may not file |
|
suit or otherwise pursue judicial action to collect the obligation |
|
owed in a court of this state or another state on behalf of the |
|
contracting state agency. |
|
SECTION 2.13. Section 51.966, Education Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(d) Section 612.002, Government Code, does not apply to an |
|
institution of higher education or university system purchasing |
|
insurance under this section. |
|
SECTION 2.14. Section 2054.008, Government Code, is amended |
|
by adding Subsection (c) to read as follows: |
|
(c) A university system or institution of higher education |
|
shall provide written notice to the Legislative Budget Board under |
|
Subsection (b) only if the cost of the major information system |
|
exceeds $1 million. |
|
ARTICLE 3. HUMAN RESOURCES |
|
SECTION 3.01. Section 1601.004(a), Insurance Code, is |
|
amended to read as follows: |
|
(a) In this chapter, "dependent," with respect to an |
|
individual eligible to participate in the uniform program under |
|
Section 1601.101 or 1601.102, means the individual's: |
|
(1) spouse; |
|
(2) unmarried child younger than 25 years of age; and |
|
(3) child of any age who the system determines lives
|
|
with or has the child's care provided by the individual on a regular |
|
basis if the child is mentally retarded or physically incapacitated |
|
to the extent that the child is dependent on the individual for care |
|
or support, as determined by the system, and: |
|
(A) the child is at least 25 years of age, the |
|
child's coverage under this chapter has not lapsed, and the child |
|
was enrolled as a participant in the health benefits coverage under |
|
the uniform program on the date of the child's 25th birthday; or |
|
(B) as to a child of an individual eligible to |
|
participate as an employee under Section 1601.101, at the time of |
|
the individual's initial enrollment in health benefits coverage |
|
under the uniform program the child is at least 25 years of age and |
|
is enrolled in comparable coverage, as determined by the system, |
|
under the individual's previous health benefits coverage.
|
|
SECTION 3.02. Subchapter C, Chapter 1601, Insurance Code, |
|
is amended by adding Section 1601.111 to read as follows: |
|
Sec. 1601.111. PROGRAMS PROMOTING DISEASE PREVENTION, |
|
WELLNESS, AND HEALTH. A system may establish premium discounts, |
|
surcharges, rebates, or a revision in otherwise applicable |
|
copayments, coinsurance, or deductibles, or any combination of |
|
these incentives, for an individual who participates in system- |
|
approved programs promoting disease prevention, wellness, and |
|
health. |
|
SECTION 3.03. Section 1601.201, Insurance Code, is amended |
|
by adding Subsection (e) to read as follows: |
|
(e) Subsection (c) does not prohibit a system from |
|
contributing, from money not appropriated from the general revenue |
|
fund, amounts in excess of the amount specified by that subsection |
|
for an individual who is a tenured faculty member with whom the |
|
System has entered into a phased retirement agreement under which |
|
the person will work less than 40 hours a week for a specified |
|
period of time at the end of which the person will retire. |
|
SECTION 3.04. Section 658.007, Government Code, is amended |
|
by adding Subsection (c) to read as follows: |
|
(c) Notwithstanding other law, including Sections 658.003 |
|
and 658.004, or terms of contract, an institution of higher |
|
education may establish a mandatory employee furlough or work |
|
reduction program as necessary to increase efficiency, reduce the |
|
cost of operations, or otherwise address the financial condition of |
|
the institution. While a furlough or work reduction program is in |
|
effect, the terms and conditions of the program apply |
|
notwithstanding other law. |
|
SECTION 3.05. Subchapter K, Chapter 659, Government Code, |
|
is amended by adding Section 659.264 to read as follows: |
|
Sec. 659.264. CERTAIN SALARY REDUCTIONS AT INSTITUTIONS OF |
|
HIGHER EDUCATION. Notwithstanding other law or terms of contract, |
|
subject solely to procedures and rules adopted by the governing |
|
board, an institution of higher education may establish a program |
|
of temporary or permanent salary reductions as necessary to reduce |
|
cost of operations or otherwise address the financial condition of |
|
the institution. |
|
SECTION 3.06. Subchapter Z, Chapter 51, Education Code, is |
|
amended by adding Section 51.9611 to read as follows: |
|
Sec. 51.9611. PAYROLL DEDUCTIONS FOR EMPLOYEES OF |
|
UNIVERSITY SYSTEM OR INSTITUTION OF HIGHER EDUCATION. (a) In this |
|
section, "institution of higher education" and "university system" |
|
have the meanings assigned by Section 61.003. |
|
(b) The governing board of a university system, or of an |
|
institution of higher education not a component of a system, may |
|
authorize employees to elect a payroll deduction for any purpose |
|
that the governing board determines serves a public purpose and |
|
benefits employees. The board may adopt policies and procedures |
|
governing a payroll deductions under this section. A payroll |
|
deduction under this section is in addition to payroll deductions |
|
authorized by other law. |
|
(c) A payroll deduction under this section must be at the |
|
written request of the employee, and the request must state the |
|
amount to be deducted and the entity to which the deducted amount is |
|
to be transferred. A payroll deduction is in effect until revoked in |
|
writing by the employee, but the policies and procedures of the |
|
institution or system may provide for enrollment periods. |
|
(d) An institution may collect an administrative fee to |
|
cover the costs of making a deduction. |
|
ARTICLE 4. REAL ESTATE AND CONSTRUCTION |
|
SECTION 4.01. Subsections (b), (d), and (e), Section |
|
61.0572, Education Code, are amended to read as follows: |
|
(b) The board shall: |
|
(1) determine formulas for space utilization in all |
|
educational and general buildings and facilities at institutions of |
|
higher education; |
|
(2) devise and promulgate methods to assure maximum |
|
daily and year-round use of educational and general buildings and |
|
facilities, including but not limited to maximum scheduling of day |
|
and night classes and maximum summer school enrollment; |
|
(3) consider plans for selective standards of |
|
admission when institutions of higher education approach capacity |
|
enrollment; |
|
(4) require, and assist the public technical |
|
institutes, public senior colleges and universities, medical and |
|
dental units, and other agencies of higher education in developing |
|
long-range campus master plans for campus development; |
|
[(5) endorse, or delay until the next succeeding |
|
session of the legislature has the opportunity to approve or |
|
disapprove, the proposed purchase of any real property by an |
|
institution of higher education, except a public junior college;]
|
|
[(6) develop and publish standards, rules, and |
|
regulations to guide the institutions and agencies of higher |
|
education in making application for the approval of new |
|
construction and major repair and rehabilitation of all buildings |
|
and facilities regardless of proposed use; and
|
|
(6) [(7)] ascertain that the board's standards and
|
|
specifications for new construction, repair, and rehabilitation of |
|
all buildings and facilities are in accordance with Chapter 469, |
|
Government Code [Article 9102, Revised Statutes].
|
|
(d) The [(1) The board, for purposes of state funding, may |
|
review and approve as an addition to an institution's educational |
|
and general buildings and facilities inventory any improved real |
|
property acquired by gifts or lease-purchase only if:]
|
|
[(A) the institution requests to place the |
|
improved real property on its educational and general buildings and |
|
facilities inventory; and]
|
|
[(B) the value of the improved real property is |
|
more than $300,000 at the time the institution requests the |
|
property to be added to the educational and general buildings and |
|
facilities inventory.]
|
|
[(2) This subsection does not apply to gifts, grants, |
|
or lease-purchase arrangements intended for clinical or research |
|
facilities.]
|
|
[(e) Approval of the board is not required to acquire real |
|
property that is financed by bonds issued under Section 55.17(e)(3) |
|
or (4), 55.1713-55.1718, 55.1721-55.1728, 55.1735(a)(1), 55.174, |
|
55.1742, 55.1743, 55.1744, 55.1751-55.17592, 55.1768, 55.1771, or |
|
55.17721, except that the] board may [shall] review purchases of |
|
improved [all] real property added to an institution's educational |
|
and general buildings and facilities inventory [to be financed by |
|
bonds issued under those sections] to determine whether the
|
|
property meets the standards adopted by the board for cost, |
|
efficiency, and space use, but the purchase of the improved real |
|
property is not contingent on board review. If the property does
|
|
not meet those standards, the board shall notify the governor, the |
|
lieutenant governor, the speaker of the house of representatives, |
|
and the Legislative Budget Board. |
|
SECTION 4.02. Section 61.058, Education Code, is amended to |
|
read as follows: |
|
Sec. 61.058. NEW CONSTRUCTION AND REPAIR AND REHABILITATION |
|
PROJECTS. (a) This section does not apply to [Except as provided |
|
by Subsection (b) of this section, the board shall approve or |
|
disapprove all new construction and repair and rehabilitation of |
|
all buildings and facilities at institutions of higher education |
|
financed from any source provided that: |
|
[(A) the board's consideration and determination |
|
shall be limited to the purpose for which the new or remodeled |
|
buildings are to be used to assure conformity with approved space |
|
utilization standards and the institution's approved programs and |
|
role and mission if the cost of the project is not more than |
|
$4,000,000, but the board may consider cost factors and the |
|
financial implications of the project to the state if the total cost |
|
is in excess of $4,000,000; |
|
[(B) the requirement of approval for new |
|
construction applies only to projects the total cost of which is in |
|
excess of $4,000,000; |
|
[(C) the requirement of approval for major repair |
|
and rehabilitation of buildings and facilities applies only to a |
|
project the total cost of which is more than $4,000,000; |
|
[(D) the requirement of approval or disapproval |
|
by the board does not apply to any new construction or major repair |
|
and rehabilitation project that is specifically approved by the |
|
legislature; |
|
[(E) the requirement of approval by the board |
|
does not apply to a junior college's construction, repair, or |
|
rehabilitation financed entirely with funds from a source other |
|
than the state, including funds from ad valorem tax receipts of the |
|
college, gifts, grants, and donations to the college, and student |
|
fees; and |
|
[(F) the requirement of approval by the board |
|
does not apply to construction, repair, or rehabilitation of |
|
privately owned buildings and facilities located on land leased |
|
from an institution of higher education if the construction, |
|
repair, or rehabilitation is financed entirely from funds not under |
|
the control of the institution, and provided further that:]
|
|
[(i) the] buildings and facilities that are
|
|
to be used exclusively for auxiliary enterprises[;] and
|
|
[(ii) the buildings and facilities] will
|
|
not require appropriations from the legislature for operation, |
|
maintenance, or repair [unless approval by the board has been |
|
obtained].
|
|
(b) The This section does not apply to construction, repair, |
|
or rehabilitation financed by bonds issued under Section |
|
55.17(e)(3) or (4), 55.1713-55.1718, 55.1721-55.1728, 55.174, |
|
55.1742, 55.1743, 55.1744, 55.1751-55.17592, 55.1768, 55.1771, or |
|
55.17721, except that the] board may [shall] review all
|
|
construction, repair, or rehabilitation of buildings and |
|
facilities at institutions of higher education [to be financed by |
|
bonds issued under those sections] to determine whether the
|
|
construction, rehabilitation, or repair meets the standards |
|
adopted by board rule for cost, efficiency, and space use, but the |
|
construction, rehabilitation, or repair is not contingent on board |
|
review. If the construction, rehabilitation, or repair does not
|
|
meet those standards, the board shall notify the governor, the |
|
lieutenant governor, the speaker of the house of representatives, |
|
and the Legislative Budget Board. |
|
[(c) As necessary to ensure that the board is required to |
|
approve only substantial construction, repair, or rehabilitation |
|
projects at institutions of higher education, for all projects |
|
described by Subsection (a)(B) or (a)(C) the board by rule may |
|
increase the total cost threshold required for board approval under |
|
this section.]
|
|
SECTION 4.03. Subsection (a), Section 51.951, Education |
|
Code, is amended to read as follows: |
|
(a) Information related to the development, location,
|
|
purchase price, or sale price of real property developed,
|
|
purchased, or sold by or for an institution of higher education, as
|
|
defined by Section 61.003, including a contract provision related |
|
to the development, purchase, or sale of the property, is
|
|
confidential and exempt from disclosure under Chapter 552, |
|
Government Code, until all deeds for the property that are |
|
applicable to the transaction or series of related transactions |
|
are executed and until all substantive performance or executory |
|
requirements of applicable contracts have been satisfied [a deed |
|
for the property is executed]. Information that is confidential and
|
|
exempted from disclosure under this subsection includes an |
|
appraisal, completed report, evaluation, investigation conducted |
|
for the purpose of locating or determining the purchase or sale |
|
price of the property, or any report prepared in anticipation of |
|
purchasing or selling real property. |
|
SECTION 4.04. Section 33.06, Tax Code, is amended by adding |
|
Subsection (g) to read as follows: |
|
(g) If the ownership interest of an individual entitled to a |
|
deferral under this section is a life estate, a lien for the |
|
deferred tax attaches to the estate of the life tenant, and not to |
|
the remainder interest, if the owner of the remainder is an |
|
institution of higher education, as defined by Section 61.003, |
|
Education Code, that has not consented to the deferral. |
|
SECTION 4.05. Subsection (c), Section 2166.302, Government |
|
Code, is amended to read as follows: |
|
(c) Subsection (a) does not apply to a project constructed |
|
by and for the Texas Department of Transportation or an institution |
|
of higher education or university system.
|
|
SECTION 4.06. Subsection (c-1), Section 2166.403, |
|
Government Code, is amended to read as follows: |
|
(c-1) For a project constructed by and for a state |
|
institution of higher education, the [governing body of the]
|
|
institution shall, during the planning phase of the proposed |
|
construction for the project, verify [in an open meeting] the
|
|
economic feasibility of incorporating into the building's design |
|
and proposed energy system alternative energy devices for space |
|
heating and cooling functions, water heating functions, electrical |
|
load functions, and interior lighting functions. The [governing |
|
body of the] institution shall determine the economic feasibility
|
|
of each function listed in this subsection by comparing the |
|
estimated cost of providing energy for the function, based on the |
|
use of conventional design practices and energy systems, with the |
|
estimated cost of providing energy for the function, based on the |
|
use of alternative energy devices, during the economic life of the |
|
building. |
|
SECTION 4.07. Subsection (b), Section 2167.001, Government |
|
Code, is amended to read as follows: |
|
(b) This chapter does not apply to: |
|
(1) radio antenna space; |
|
(2) residential space for a Texas Department of Mental |
|
Health and Mental Retardation program; |
|
(3) residential space for a Texas Youth Commission |
|
program; |
|
(4) space to be used for less than one month for |
|
meetings, conferences, conventions, seminars, displays, |
|
examinations, auctions, or similar purposes; |
|
(5) district office space for members of the |
|
legislature; |
|
(6) space used by the Texas Workforce Commission; |
|
(7) residential property acquired by the Texas |
|
Department of Housing and Community Affairs or the Texas State |
|
Affordable Housing Corporation that is offered for sale or rental |
|
to individuals and families of low or very low income or families of |
|
moderate income; |
|
(8) except as provided by Section 2167.007, [classroom |
|
and instructional] space for a university system or an institution
|
|
of higher education; or |
|
(9) space leased by the Texas Veterans Commission to |
|
administer the veterans employment services program. |
|
SECTION 4.08. Section 1434.054, Government Code, is |
|
repealed. |
|
ARTICLE 5. BOARD APPOINTMENTS |
|
SECTION 5.01. Sections 2.03(a) and (c), Chapter 670, Acts |
|
of the 72nd Legislature, 1991, (Art. 4477-7j, Vernon's Texas Civil |
|
Statutes) are amended to read as follows: |
|
(a) On or after the effective date of this Act, the |
|
Commissioners Court of Gaines County shall appoint three persons, |
|
the governing body of the city of Seminole shall appoint two |
|
persons, and the governing body of the city of Seagraves shall |
|
appoint two persons to serve as initial directors of the district. |
|
The four persons appointed by the governing bodies of the cities of |
|
Seminole and Seagraves shall represent the municipalities within |
|
the county, and the three persons appointed by the Commissioners |
|
Court of Gaines county shall represent the unincorporated areas of |
|
the county. [In addition the board of regents of The University of |
|
Texas System shall appoint one person to serve as an ex officio, |
|
nonvoting director of the district.]
|
|
(c) The Commissioners Court of Gaines County an the |
|
governing bodies of the cities of Seminole and Seagraves shall each |
|
appoint one initial director so serve a term expiring on May 1 of |
|
the first year after the year in which the original appointment is |
|
made. In addition, the Commissioners Court of Gaines County shall |
|
appoint two initial directors and the governing bodies of the |
|
cities of Seminole and Seagraves shall each appoint one initial |
|
director to serve terms expiring May 1 of the second year after the |
|
year in which the original appointment is made. [The initial ex |
|
officio member serves a term expiring on May 1 of the second year |
|
after the year in which the original appointment is made.]
|
|
Successor directors serve two-year terms. |
|
SECTION 5.02. Sections 3.01(a), Chapter 670, Acts of the |
|
72nd Legislature, 1991, (Art. 4477-7j, Vernon's Texas Civil |
|
Statutes) are amended to read as follows: |
|
(a) The district is governed by a board of directors |
|
composed of seven voting members [and one ex officio nonvoting |
|
member] who are appointed as provided by this Act. However, the
|
|
district shall change to a system of electing the voting directors |
|
if: |
|
(1) the Commissioners Court of Gaines County and the |
|
governing bodies of the cities of Seminole and Seagraves each pass a |
|
resolution calling for the election of the directors; or |
|
(2) the board receives a petition signed by at least |
|
150 registered voters of Gaines County calling for the election of |
|
the directors. |
|
SECTION 5.03. Sections 3.01(c), Chapter 670, Acts of the |
|
72nd Legislature, 1991, (Art. 4477-7j, Vernon's Texas Civil |
|
Statutes) is repealed. |
|
SECTION 5.04. Section 95.006(b), Health and Safety Code, is |
|
amended to read as follows: |
|
(b) The advisory committee is composed of: |
|
(1) the following representatives appointed by the |
|
executive director of the office: |
|
(A) one representative of the office; |
|
(B) one representative of the Texas Education |
|
Agency; |
|
(C) one representative of the Texas Pediatric |
|
Society; |
|
(D) one representative of the American Diabetes |
|
Association; |
|
[(E) one representative who is a member of the |
|
board of regents of The University of Texas Pan American;]
|
|
(E) [(F)] one school nurse representative from
|
|
an urban school located within the boundaries of a regional |
|
education service center; |
|
(F) [(G)] one parent or guardian of a child who
|
|
resides within the boundaries of a regional education service |
|
center; and |
|
(G) [(H)] one person with knowledge and
|
|
experience in health care in school settings; and |
|
(2) the following representatives appointed by the |
|
chairman of the council: |
|
(A) one representative of the council; |
|
(B) one representative of the Texas Medical |
|
Association; |
|
(C) one school district administrator |
|
representative from a school district located within the boundaries |
|
of a regional education service center; |
|
(D) one school principal representative from a |
|
school district located within the boundaries of a regional |
|
education service center; and |
|
(E) one school nurse representative from a rural |
|
school located within the boundaries of a regional education |
|
service center. |
|
SECTION 5.05. Section 552.123, Government Code, is amended |
|
to read as follows: |
|
Sec. 552.123. EXCEPTION: NAME OF APPLICANT FOR CHIEF |
|
EXECUTIVE OFFICER OF INSTITUTION OF HIGHER EDUCATION. The name of |
|
an applicant for the position of chief executive officer of an |
|
institution of higher education, and other information that would |
|
tend to identify the applicant, is excepted from the requirements
|
|
of Section 552.021, except that the governing body of the |
|
institution must give public notice of the name or names of the |
|
finalists being considered for the position at least 21 days before |
|
the date of the meeting at which final action or vote is to be taken |
|
on the employment of the person. |
|
ARTICLE 6. EFFECTIVE DATE |
|
SECTION 6.01. This Act takes effect immediately if it |
|
receives the 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, 2011. |