| 1 | 1 | | 87R2218 KJE-D |
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| 2 | 2 | | By: Paddie H.B. No. 1850 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the continuation and functions of the Prepaid Higher |
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| 8 | 8 | | Education Tuition Board. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 54.603, Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 54.603. SUNSET PROVISION. The Prepaid Higher |
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| 13 | 13 | | Education Tuition Board is subject to Chapter 325, Government Code |
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| 14 | 14 | | (Texas Sunset Act). Unless continued in existence as provided by |
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| 15 | 15 | | that chapter, the board is abolished and the programs established |
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| 16 | 16 | | under this subchapter and under Subchapters G and H terminate |
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| 17 | 17 | | September 1, 2033 [2021]. |
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| 18 | 18 | | SECTION 2. Section 54.610, Education Code, is amended by |
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| 19 | 19 | | amending Subsection (b) and adding Subsection (d) to read as |
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| 20 | 20 | | follows: |
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| 21 | 21 | | (b) The [A] training program must [established under this |
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| 22 | 22 | | section shall] provide the person with information [to the member] |
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| 23 | 23 | | regarding: |
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| 24 | 24 | | (1) the law governing [enabling legislation that |
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| 25 | 25 | | created the] board operations; |
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| 26 | 26 | | (2) the programs, functions, rules, and budget of |
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| 27 | 27 | | [operated by] the board; |
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| 28 | 28 | | (3) the scope of and limitations on the rulemaking |
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| 29 | 29 | | authority [role and functions] of the board; |
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| 30 | 30 | | (4) [the rules of the board, with an emphasis on the |
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| 31 | 31 | | rules that relate to disciplinary and investigatory authority; |
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| 32 | 32 | | [(5) the current budget for the board; |
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| 33 | 33 | | [(6)] the results of the most recent formal audit of |
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| 34 | 34 | | the board; |
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| 35 | 35 | | (5) [(7)] the requirements of [the]: |
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| 36 | 36 | | (A) laws relating to open meetings, public |
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| 37 | 37 | | information, [law, Chapter 551, Government Code; |
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| 38 | 38 | | [(B) open records law, Chapter 552, Government |
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| 39 | 39 | | Code; and |
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| 40 | 40 | | [(C)] administrative procedure, and disclosing |
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| 41 | 41 | | conflicts [law, Chapter 2001, Government Code; |
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| 42 | 42 | | [(8) the requirements of the conflict] of interest; |
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| 43 | 43 | | [laws] and |
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| 44 | 44 | | (B) other laws applicable to members of a state |
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| 45 | 45 | | policymaking body in performing their duties [relating to public |
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| 46 | 46 | | officials]; and |
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| 47 | 47 | | (6) [(9)] any applicable ethics policies adopted by |
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| 48 | 48 | | the board or the Texas Ethics Commission. |
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| 49 | 49 | | (d) The executive director of the board shall create a |
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| 50 | 50 | | training manual that includes the information required by |
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| 51 | 51 | | Subsection (b). The executive director shall distribute a copy of |
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| 52 | 52 | | the training manual annually to each board member. Each board |
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| 53 | 53 | | member shall sign and submit to the executive director a statement |
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| 54 | 54 | | acknowledging that the member received and has reviewed the |
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| 55 | 55 | | training manual. |
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| 56 | 56 | | SECTION 3. Section 54.617(e), Education Code, is amended to |
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| 57 | 57 | | read as follows: |
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| 58 | 58 | | (e) The board shall periodically notify the complaint |
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| 59 | 59 | | parties of the status of the complaint until final disposition |
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| 60 | 60 | | unless the notice would jeopardize an investigation. |
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| 61 | 61 | | SECTION 4. Subchapter F, Chapter 54, Education Code, is |
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| 62 | 62 | | amended by adding Section 54.6181 to read as follows: |
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| 63 | 63 | | Sec. 54.6181. ADVISORY COMMITTEES. (a) The board by rule |
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| 64 | 64 | | may establish advisory committees as determined necessary by the |
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| 65 | 65 | | board. |
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| 66 | 66 | | (b) Chapter 2110, Government Code, does not apply to an |
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| 67 | 67 | | advisory committee created by the board. |
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| 68 | 68 | | SECTION 5. (a) Except as provided by Subsection (b) of |
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| 69 | 69 | | this section, Section 54.610, Education Code, as amended by this |
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| 70 | 70 | | Act, applies to a member of the Prepaid Higher Education Tuition |
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| 71 | 71 | | Board appointed before, on, or after the effective date of this Act. |
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| 72 | 72 | | (b) A member of the Prepaid Higher Education Tuition Board |
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| 73 | 73 | | who, before the effective date of this Act, completed the training |
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| 74 | 74 | | program required by Section 54.610, Education Code, as that law |
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| 75 | 75 | | existed before the effective date of this Act, is only required to |
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| 76 | 76 | | complete additional training on the subjects added by this Act to |
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| 77 | 77 | | the training program required by Section 54.610, Education Code. A |
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| 78 | 78 | | board member described by this subsection may not vote, deliberate, |
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| 79 | 79 | | or be counted as a member in attendance at a meeting of the board |
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| 80 | 80 | | held on or after December 1, 2021, until the member completes the |
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| 81 | 81 | | additional training. |
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| 82 | 82 | | SECTION 6. This Act takes effect September 1, 2021. |
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