Texas 2011 - 82nd Regular

Texas Senate Bill SB200 Compare Versions

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1	1	By: Zaffirini S.B. No. 200
2	2	(In the Senate - Filed November 10, 2010; January 31, 2011,
3	3	read first time and referred to Committee on Higher Education;
4	4	May 5, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 7, Nays 0; May 5, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 200 By: Watson
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to reports, notices, and records required of institutions
13	13	of higher education.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter C, Chapter 61, Education Code, is
16	16	amended by adding Section 61.0905 to read as follows:
17	17	Sec. 61.0905. EVALUATION OF REQUIRED REPORTS. (a) The
18	18	board shall consult with institutions of higher education, members
19	19	of each standing committee of the legislature with primary
20	20	jurisdiction over higher education, the comptroller, the
21	21	Legislative Budget Board, the Texas State Library and Archives
22	22	Commission, the Texas Education Agency, and other interested state
23	23	agencies and stakeholders to evaluate the necessity of all
24	24	reporting requirements applicable to institutions of higher
25	25	education and create a list of those reports considered necessary.
26	26	(b) Not later than May 1, 2012, the board shall submit the
27	27	list of reports created under Subsection (a) to each standing
28	28	committee of the legislature with primary jurisdiction over higher
29	29	education with recommendations for statutory amendment regarding
30	30	higher education reporting requirements, including any
31	31	recommendations for eliminating duplicative requirements and
32	32	streamlining reporting.
33	33	(c) This section expires September 1, 2013.
34	34	SECTION 2. Subchapter H, Chapter 51, Education Code, is
35	35	amended by adding Section 51.406 to read as follows:
36	36	Sec. 51.406. EXPIRATION OF CERTAIN REPORTING REQUIREMENTS
37	37	APPLICABLE TO INSTITUTIONS OF HIGHER EDUCATION AND UNIVERSITY
38	38	SYSTEMS. (a) In this section, "university system" has the meaning
39	39	assigned by Section 61.003.
40	40	(b) To the extent that any of the following laws require
41	41	reporting by a university system or an institution of higher
42	42	education, a university system or institution of higher education
43	43	is not required to make the report on or after September 1, 2013,
44	44	unless legislation enacted by the 83rd Legislature that becomes law
45	45	expressly requires the institution or system to make the report:
46	46	(1) Section 7.109;
47	47	(2) Section 33.083;
48	48	(3) Section 51.0051;
49	49	(4) Section 59.07;
50	50	(5) Section 130.086;
51	51	(6) Section 325.007, Government Code;
52	52	(7) Section 669.003, Government Code;
53	53	(8) Section 2005.007, Government Code;
54	54	(9) Section 2052.103, Government Code;
55	55	(10) Section 2054.097, Government Code;
56	56	(11) Section 2102.009, Government Code;
57	57	(12) Chapter 2114, Government Code; and
58	58	(13) Section 2205.041, Government Code.
59	59	(c) A rule or policy of a state agency, including the Texas
60	60	Higher Education Coordinating Board, in effect on June 1, 2011,
61	61	that requires reporting by a university system or an institution of
62	62	higher education has no effect on or after September 1, 2013, unless
63	63	the rule or policy is affirmatively and formally readopted before
64	64	that date by formal administrative rule published in the Texas
65	65	Register and adopted in compliance with Chapter 2001, Government
66	66	Code. This subsection does not apply to:
67	67	(1) a rule or policy for which the authorizing statute
68	68	is listed in Subsection (b);
69	69	(2) a rule or policy for which the authorizing statute
70	70	is repealed on or before September 1, 2013, by legislation enacted
71	71	by the legislature that becomes law; or
72	72	(3) a report required under any of the following laws:
73	73	(A) Section 51.005;
74	74	(B) Section 51.3062;
75	75	(C) Section 51.402;
76	76	(D) Section 56.039;
77	77	(E) Section 61.051(k);
78	78	(F) Section 61.059; or
79	79	(G) Section 62.095(b).
80	80	SECTION 3. Section 61.0582, Education Code, is amended by
81	81	adding Subsection (f) to read as follows:
82	82	(f) This section does not apply to a university system that
83	83	maintains an ongoing system-wide capital improvement program
84	84	approved by the system's board of regents.
85	85	SECTION 4. Section 401.042, Government Code, is amended by
86	86	adding Subsection (c) to read as follows:
87	87	(c) In consultation with public institutions of higher
88	88	education, the offices of the governor and the Legislative Budget
89	89	Board shall review the forms for higher education legislative
90	90	appropriations requests to identify opportunities to improve
91	91	efficiency, provide better transparency of funding sources,
92	92	eliminate unnecessary or duplicative requirements, and otherwise
93	93	reduce the cost or difficulty of providing information related to
94	94	appropriations requests.
95	95	SECTION 5. Subchapter L, Chapter 403, Government Code, is
96	96	amended by adding Section 403.2715 to read as follows:
97	97	Sec. 403.2715. UNIVERSITY SYSTEMS AND INSTITUTIONS OF
98	98	HIGHER EDUCATION. (a) In this section, "institution of higher
99	99	education" and "university system" have the meanings assigned by
100	100	Section 61.003, Education Code.
101	101	(b) Except as provided by this section, this subchapter does
102	102	not apply to a university system or institution of higher
103	103	education.
104	104	(c) A university system or institution of higher education
105	105	shall account for all personal property as defined by the
106	106	comptroller under Section 403.272. At all times, the property
107	107	records of a university system or institution of higher education
108	108	must accurately reflect the personal property possessed by the
109	109	system or institution.
110	110	(d) The chief executive officer of each university system or
111	111	institution of higher education shall designate one or more
112	112	property managers. The property manager shall maintain the records
113	113	required and be the custodian of all personal property possessed by
114	114	the system or institution.
115	115	(e) Sections 403.273(h), 403.275, and 403.278 apply to a
116	116	university system or institution of higher education.
117	117	SECTION 6. Subsection (d), Section 2101.0115, Government
118	118	Code, is amended by adding Subdivision (4) to read as follows:
119	119	(4) "Institution of higher education" and "university
120	120	system" have the meanings assigned by Section 61.003, Education
121	121	Code.
122	122	SECTION 7. Section 2101.0115, Government Code, is amended
123	123	by adding Subsection (e) to read as follows:
124	124	(e) This section does not apply to an institution of higher
125	125	education or university system.
126	126	SECTION 8. Subsection (c), Section 2254.028, Government
127	127	Code, is amended to read as follows:
128	128	(c) Subsection (a) [(a)(3)] does not apply to a major
129	129	consulting services contract to be entered into by an institution
130	130	of higher education other than a public junior college if the
131	131	institution includes in the invitation published under Section
132	132	2254.029 a finding by the chief executive officer of the
133	133	institution that the consulting services are necessary and an
134	134	explanation of that finding.
135	135	SECTION 9. Section 2254.0301, Government Code, is amended
136	136	to read as follows:
137	137	Sec. 2254.0301. CONTRACT NOTIFICATION. (a) A state agency
138	138	shall provide written notice to the Legislative Budget Board of a
139	139	contract for consulting services if the amount of the contract,
140	140	including an amendment, modification, renewal, or extension of the
141	141	contract, exceeds $14,000. The notice must be on a form prescribed
142	142	by the Legislative Budget Board and filed not later than the 10th
143	143	day after the date the entity enters into the contract.
144	144	(b) This section does not apply to a university system or
145	145	institution of higher education. In this subsection, "institution
146	146	of higher education" and "university system" have the meanings
147	147	assigned by Section 61.003, Education Code.
148	148	SECTION 10. Subsection (f), Section 388.005, Health and
149	149	Safety Code, is amended to read as follows:
150	150	(f) This section does not apply to a state agency or an
151	151	institution of higher education that the State Energy Conservation
152	152	Office determines [that], before September 1, 2007, adopted a plan
153	153	for conserving energy under which the agency or institution
154	154	established a percentage goal for reducing the consumption of
155	155	electricity. The exemption provided by this section applies only
156	156	while the agency or institution has an energy conservation plan in
157	157	effect and only if the agency or institution submits reports on the
158	158	conservation plan each year [calendar quarter] to the governor, the
159	159	Legislative Budget Board, and the State Energy Conservation Office.
160	160	SECTION 11. Section 412.053, Labor Code, is amended by
161	161	adding Subsection (c) to read as follows:
162	162	(c) This section does not apply to an institution of higher
163	163	education or university system. In this subsection, "institution
164	164	of higher education" and "university system" have the meanings
165	165	assigned by Section 61.003, Education Code.
166	166	SECTION 12. Subsection (d), Section 31.153, Natural
167	167	Resources Code, is amended to read as follows:
168	168	(d) Each state agency, other than an institution of higher
169	169	education, annually at the time set by the division, shall furnish
170	170	the Texas Historical Commission with a photograph and information
171	171	that specifies and identifies the age of each building:
172	172	(1) that was acquired by the agency after the date of
173	173	the preceding annual submission and that is at least 45 years old on
174	174	the date of the current submission; or
175	175	(2) that is possessed by the agency and has become 45
176	176	years old since the date the information was previously submitted.
177	177	SECTION 13. (a) The following laws are repealed effective
178	178	September 1, 2011:
179	179	(1) Subsections (b) and (c), Section 51.403, Education
180	180	Code;
181	181	(2) Section 51.4033, Education Code;
182	182	(3) Section 61.0815, Education Code;
183	183	(4) Section 61.086, Education Code;
184	184	(5) Section 1434.054, Government Code;
185	185	(6) Section 2107.005, Government Code;
186	186	(7) Subsection (c), Section 412.042, Labor Code; and
187	187	(8) Subsection (c), Section 3.01, Chapter 670, Acts of
188	188	the 72nd Legislature, Regular Session, 1991 (Article 4477-7j,
189	189	Vernon's Texas Civil Statutes).
190	190	(b) The following provisions of the Education Code are
191	191	repealed effective September 1, 2013:
192	192	(1) Section 51.859;
193	193	(2) Subsection (d), Section 51.968;
194	194	(3) Subsection (h), Section 54.203;
195	195	(4) Subsection (c), Section 56.034;
196	196	(5) Subsection (j), Section 56.079;
197	197	(6) Subsection (c), Section 61.066;
198	198	(7) Subsection (d), Section 63.003;
199	199	(8) Section 63.004;
200	200	(9) Section 63.103;
201	201	(10) Section 88.210;
202	202	(11) Section 106.54;
203	203	(12) Section 142.005;
204	204	(13) Section 147.005;
205	205	(14) Section 148.005; and
206	206	(15) Section 153.008.
207	207	SECTION 14. (a) This section governs a conflict between
208	208	this Act and any other Act of the 82nd Legislature, Regular Session,
209	209	2011, without regard to the relative dates of enactment.
210	210	(b) If this Act and any other Act repeal the same statute,
211	211	the earlier effective date of repeal controls.
212	212	(c) If this Act amends a statute that another Act repeals,
213	213	the repeal controls.
214	214	SECTION 15. This Act takes effect immediately if it
215	215	receives a vote of two-thirds of all the members elected to each
216	216	house, as provided by Section 39, Article III, Texas Constitution.
217	217	If this Act does not receive the vote necessary for immediate
218	218	effect, this Act takes effect September 1, 2011.
219	219	* * * * *