By: Zaffirini, Wentworth S.B. No. 200
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.