By: Brown of Brazos, et al. H.B. No. 746
(Senate Sponsor - Patrick)
(In the Senate - Received from the House May 13, 2009;
May 14, 2009, read first time and referred to Committee on Higher
Education; May 25, 2009, reported favorably, as amended, by the
following vote: Yeas 5, Nays 0; May 25, 2009, sent to printer.)
COMMITTEE AMENDMENT NO. 1 By: Patrick
Amend H.B. 746 (engrossed version) as follows:
(1) Strike SECTION 1 entirely.
(2) In SECTION 2, on page 1, Line 40 strike "shall" and
substitute "may".
(3) In SECTION 2, on page 1, line 48, strike "institution of
higher education" and substitute "junior college".
(4) In SECTION 2, strike subsection (d) entirely (page 1,
line 62 through page 2, line 7).
A BILL TO BE ENTITLED
AN ACT
relating to expanding the availability of classrooms and other
facilities for use by public colleges and universities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 130.0103(a), Education Code, is amended
to read as follows:
(a) The board of trustees of a junior college district may
establish and operate a dual usage educational complex to provide a
shared facility for the educational activities of the district and
other participating entities. The board of trustees may enter into
a cooperative agreement governing the operation and use of the
complex with the governing bodies of one or more of the following
entities:
(1) a county, municipality, or school district located
in whole or in part in the service area of the junior college
district; or
(2) another institution of higher education [with a
campus or other educational facility located in the same state
uniform service region as adopted by the coordinating board].
SECTION 2. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.975 to read as follows:
Sec. 51.975. SHARING OF UNDERUSED CLASSROOMS. (a) A public
institution of higher education shall make the institution's
classrooms not scheduled for use by the institution or by students,
student organizations, or faculty of the institution between 5 p.m.
and 10 p.m. on one or more weekdays or between 8 a.m. and 5 p.m. on
one or more Saturdays available for that day to another public
institution of higher education on request for teaching courses in
the core curriculum, as defined by Section 61.821, or continuing
education courses.
(b) A public institution of higher education that under
Subsection (a) makes a classroom available to another institution
shall continue to make that classroom, or a comparable classroom,
available to the other institution for the duration of the semester
or other academic term.
(c) An institution of higher education may charge another
institution for the use of a classroom under this section at a rate
not to exceed the rate permitted for this purpose as determined by
the Texas Higher Education Coordinating Board. The coordinating
board shall establish those rates in an amount to reimburse the host
institution for utility costs and other costs, such as maintenance
and custodial services, based on the infrastructure formula funding
that the host institution would receive if teaching a course in that
space itself for that time.
(d) The Texas Higher Education Coordinating Board shall
submit to the legislature a written report for each semester or
summer session regarding each public institution of higher
education's classroom utilization rates during the times and on the
days specified by Subsection (a). The coordinating board shall
submit the report as soon as practicable after each semester or
summer session and may include the report in another report made by
the coordinating board.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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