By: Zaffirini S.B. No. 200

(In the Senate - Filed November 10, 2010; January 31, 2011, read first time and referred to Committee on Higher Education; May 5, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; May 5, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 200 By: Watson

A BILL TO BE ENTITLED

AN ACT

relating to reports, notices, and records required of institutions of higher education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 61, Education Code, is amended by adding Section 61.0905 to read as follows:

Sec. 61.0905. EVALUATION OF REQUIRED REPORTS. (a) The board shall consult with institutions of higher education, members of each standing committee of the legislature with primary jurisdiction over higher education, the comptroller, the Legislative Budget Board, the Texas State Library and Archives Commission, the Texas Education Agency, and other interested state agencies and stakeholders to evaluate the necessity of all reporting requirements applicable to institutions of higher education and create a list of those reports considered necessary.

(b) Not later than May 1, 2012, the board shall submit the list of reports created under Subsection (a) to each standing committee of the legislature with primary jurisdiction over higher education with recommendations for statutory amendment regarding higher education reporting requirements, including any recommendations for eliminating duplicative requirements and streamlining reporting.

(c) This section expires September 1, 2013.

SECTION 2. Subchapter H, Chapter 51, Education Code, is amended by adding Section 51.406 to read as follows:

Sec. 51.406. EXPIRATION OF CERTAIN REPORTING REQUIREMENTS APPLICABLE TO INSTITUTIONS OF HIGHER EDUCATION AND UNIVERSITY SYSTEMS. (a) In this section, "university system" has the meaning assigned by Section 61.003.

(b) To the extent that any of the following laws require reporting by a university system or an institution of higher education, a university system or institution of higher education is not required to make the report on or after September 1, 2013, unless legislation enacted by the 83rd Legislature that becomes law expressly requires the institution or system to make the report:

(1) Section 7.109;

(2) Section 33.083;

(3) Section 51.0051;

(4) Section 59.07;

(5) Section 130.086;

(6) Section 325.007, Government Code;

(7) Section 669.003, Government Code;

(8) Section 2005.007, Government Code;

(9) Section 2052.103, Government Code;

(10) Section 2054.097, Government Code;

(11) Section 2102.009, Government Code;

(12) Chapter 2114, Government Code; and

(13) Section 2205.041, Government Code.

(c) A rule or policy of a state agency, including the Texas Higher Education Coordinating Board, in effect on June 1, 2011, that requires reporting by a university system or an institution of higher education has no effect on or after September 1, 2013, unless the rule or policy is affirmatively and formally readopted before that date by formal administrative rule published in the Texas Register and adopted in compliance with Chapter 2001, Government Code. This subsection does not apply to:

(1) a rule or policy for which the authorizing statute is listed in Subsection (b);

(2) a rule or policy for which the authorizing statute is repealed on or before September 1, 2013, by legislation enacted by the legislature that becomes law; or

(3) a report required under any of the following laws:

(A) Section 51.005;

(B) Section 51.3062;

(C) Section 51.402;

(D) Section 56.039;

(E) Section 61.051(k);

(F) Section 61.059; or

(G) Section 62.095(b).

SECTION 3. Section 61.0582, Education Code, is amended by adding Subsection (f) to read as follows:

(f) This section does not apply to a university system that maintains an ongoing system-wide capital improvement program approved by the system's board of regents.

SECTION 4. Section 401.042, Government Code, is amended by adding Subsection (c) to read as follows:

(c) In consultation with public institutions of higher education, the offices of the governor and the Legislative Budget Board shall review the forms for higher education legislative appropriations requests to identify opportunities to improve efficiency, provide better transparency of funding sources, eliminate unnecessary or duplicative requirements, and otherwise reduce the cost or difficulty of providing information related to appropriations requests.

SECTION 5. Subchapter L, Chapter 403, Government Code, is amended by adding Section 403.2715 to read as follows:

Sec. 403.2715. UNIVERSITY SYSTEMS AND INSTITUTIONS OF HIGHER EDUCATION. (a) In this section, "institution of higher education" and "university system" have the meanings assigned by Section 61.003, Education Code.

(b) Except as provided by this section, this subchapter does not apply to a university system or institution of higher education.

(c) A university system or institution of higher education shall account for all personal property as defined by the comptroller under Section 403.272. At all times, the property records of a university system or institution of higher education must accurately reflect the personal property possessed by the system or institution.

(d) The chief executive officer of each university system or institution of higher education shall designate one or more property managers. The property manager shall maintain the records required and be the custodian of all personal property possessed by the system or institution.

(e) Sections 403.273(h), 403.275, and 403.278 apply to a university system or institution of higher education.

SECTION 6. Subsection (d), Section 2101.0115, Government Code, is amended by adding Subdivision (4) to read as follows:

(4) "Institution of higher education" and "university system" have the meanings assigned by Section 61.003, Education Code.

SECTION 7. Section 2101.0115, Government Code, is amended by adding Subsection (e) to read as follows:

(e) This section does not apply to an institution of higher education or university system.

SECTION 8. Subsection (c), Section 2254.028, Government Code, is amended to read as follows:

(c) Subsection (a) [(a)(3)] does not apply to a major consulting services contract to be entered into by an institution of higher education other than a public junior college if the institution includes in the invitation published under Section 2254.029 a finding by the chief executive officer of the institution that the consulting services are necessary and an explanation of that finding.

SECTION 9. Section 2254.0301, Government Code, is amended to read as follows:

Sec. 2254.0301. CONTRACT NOTIFICATION. (a) A state agency shall provide written notice to the Legislative Budget Board of a contract for consulting services if the amount of the contract, including an amendment, modification, renewal, or extension of the contract, exceeds $14,000. The notice must be on a form prescribed by the Legislative Budget Board and filed not later than the 10th day after the date the entity enters into the contract.

(b) This section does not apply to a university system or institution of higher education. In this subsection, "institution of higher education" and "university system" have the meanings assigned by Section 61.003, Education Code.

SECTION 10. Subsection (f), Section 388.005, Health and Safety Code, is amended to read as follows:

(f) This section does not apply to a state agency or an institution of higher education that the State Energy Conservation Office determines [that], before September 1, 2007, adopted a plan for conserving energy under which the agency or institution established a percentage goal for reducing the consumption of electricity. The exemption provided by this section applies only while the agency or institution has an energy conservation plan in effect and only if the agency or institution submits reports on the conservation plan each year [calendar quarter] to the governor, the Legislative Budget Board, and the State Energy Conservation Office.

SECTION 11. Section 412.053, Labor Code, is amended by adding Subsection (c) to read as follows:

(c) This section does not apply to an institution of higher education or university system. In this subsection, "institution of higher education" and "university system" have the meanings assigned by Section 61.003, Education Code.

SECTION 12. Subsection (d), Section 31.153, Natural Resources Code, is amended to read as follows:

(d) Each state agency, other than an institution of higher education, annually at the time set by the division, shall furnish the Texas Historical Commission with a photograph and information that specifies and identifies the age of each building:

(1) that was acquired by the agency after the date of the preceding annual submission and that is at least 45 years old on the date of the current submission; or

(2) that is possessed by the agency and has become 45 years old since the date the information was previously submitted.

SECTION 13. (a) The following laws are repealed effective September 1, 2011:

(1) Subsections (b) and (c), Section 51.403, Education Code;

(2) Section 51.4033, Education Code;

(3) Section 61.0815, Education Code;

(4) Section 61.086, Education Code;

(5) Section 1434.054, Government Code;

(6) Section 2107.005, Government Code;

(7) Subsection (c), Section 412.042, Labor Code; and

(8) Subsection (c), Section 3.01, Chapter 670, Acts of the 72nd Legislature, Regular Session, 1991 (Article 4477-7j, Vernon's Texas Civil Statutes).

(b) The following provisions of the Education Code are repealed effective September 1, 2013:

(1) Section 51.859;

(2) Subsection (d), Section 51.968;

(3) Subsection (h), Section 54.203;

(4) Subsection (c), Section 56.034;

(5) Subsection (j), Section 56.079;

(6) Subsection (c), Section 61.066;

(7) Subsection (d), Section 63.003;

(8) Section 63.004;

(9) Section 63.103;

(10) Section 88.210;

(11) Section 106.54;

(12) Section 142.005;

(13) Section 147.005;

(14) Section 148.005; and

(15) Section 153.008.

SECTION 14. (a) This section governs a conflict between this Act and any other Act of the 82nd Legislature, Regular Session, 2011, without regard to the relative dates of enactment.

(b) If this Act and any other Act repeal the same statute, the earlier effective date of repeal controls.

(c) If this Act amends a statute that another Act repeals, the repeal controls.

SECTION 15. 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, 2011.

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