TEXAS TECH BILL BRIEFS – 2003
78th Regular Session – 05-16-03
|
Bill
No. |
Sponsor |
Caption
– SENATE BILLS |
|
|
|
|
|
SB
1 HB
1 |
Bivins, Amarillo Heflin, Houston |
Relating
to the appropriations of money for the 2004-2005 biennium. |
|
|
|
|
|
|
Summary: |
General
Appropriations Act. |
|
|
|
|
|
SB
4 |
Zaffirini, Laredo |
Relating
to the establishment and operation of the Texas school fund student loan
program. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Sections 56.451—56.464. This bill would establish the Texas school fund loan program to
provide no-interest loans to eligible students who attend all public and
private or independent institutions of higher education in this state. The Coordinating Board would administer
the program, determine the repayment and other terms of the program and, in
consultation with student financial aid officers, adopt any rules necessary
to implement the program. A student
would be eligible if the student is a Texas resident who graduated from a
public or accredited private high school not earlier than 2002-2003 school
year with a cumulative grade point average of at least 3.0, or who received
an associate degree not earlier than May 1, 2005, with a cumulative grade
point average of at least 3.0 or be an undergraduate student at an eligible
institution with a grade point average of 3.0. The student must be enrolled in at least three-fourths of a
full course load as an undergraduate and be eligible for federal financial
aid, except that a person is not required to meet any financial need
requirements applicable to a particular federal financial aid program. The bill establishes the criteria for
continuing eligibility, a waiver of course load requirement and loan
deferment or forgiveness. The loan
proceeds may be used to pay any usual and customary cost of attendance at an
eligible institution including tuition, fees, books, and room and board. Effective date: September 1, 2003. |
|
|
|
|
|
SB
11 |
Shapiro, Addison |
Relating
to homeland security. |
|
|
|
|
|
|
Summary: |
This
bill defines agency as any governmental entity. The bill also defines critical infrastructure to include all
public or private assets, systems, and functions vital to the security,
governance, public health and safety, economy, or moral of the state. The bill directs the Governor to develop a
statewide homeland security strategy that improves the state’s ability to
detect and deter threats to the homeland security, respond to homeland
security emergencies, and recover from homeland security emergencies. The bill establishes the Critical
Infrastructure Protection Council that consists of twenty appointed or
elected officers of state government.
None representing higher education are included. The council is required to advise the
Governor on the development and coordination of a statewide critical infrastructure
protection strategy, the implementation of the Governor’s homeland security
strategy and other measures relating to the planning, development,
coordination, and implementation of initiatives to promote the Governor’s
homeland security strategy. The bill
does direct that the Department of Public Safety to provide facilities and
administrative support for the Texas Infrastructure Protection Communications
Center. See SB 869, Shapiro and HB 9,
Flores. Effective date: September 1, 2003. |
|
|
|
|
|
SB
12 |
Nelson, Flower
Mound |
Relating
to health care liability claims. |
|
|
|
|
|
|
Summary: |
This
bill amends the statutes relating to medical malpractice claims by placing a
$250,000 cap on noneconomic losses, allowing consideration of collateral
source benefits, structuring payments for future losses, and placing
limitations on contingency fees for attorneys. Effective date: |
|
|
|
|
|
SB
19 |
Ratliff, Mt.
Pleasant |
Relating
to audit and other related functions of the State Auditor and of certain
other state entities. |
|
|
|
|
|
|
Summary: |
|
|
|
|
|
|
SB
26 |
Zaffirini, Laredo |
Relating
to the establishment of a pilot program for retention of students in higher
education. |
|
|
|
|
|
|
Summary: |
Amends
Texas Education Code by adding Section 51.9356. This bill would require the Coordinating Board to develop a
pilot program called the “Freshman Success Program” that will focus on
retention of high-risk students who are first generation in college,
low-income and/or educationally under-prepared by providing proactive
intervention modalities to meet the demands of college. The pilot program study shall identify the
potential benefits and advantages of such a program, evaluate and make
recommendations concerning this type of program and indicate the impact on
the state higher education goals. The
report is due to the legislature before October 1, 2004. Effective date: September 1, 2003. |
|
|
|
|
|
SB
27 |
Zaffirini, Laredo |
Relating
to the establishment of a no interest college loan program to provide
students who maintain a B average and graduate within four years. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Subchapter Q.
This bill would establish the Texas B On-Time Student Loan
Program. This would be a zero percent
loan program administered by the Coordinating Board for Texas residents
enrolled in undergraduate programs who are graduates of a Texas public or
accredited private high schools who graduated not earlier than 2002-2003
school year and who graduated with at least a B cumulative grade point
average. The student may enroll in
either a public or a private or independent institution of higher
education. The program would be
capped at four years or 150 semester credit hours. The student would be required to make steady academic progress
toward an undergraduate degree or certificate and maintain at least a B
cumulative grade point average. The
loan proceeds could be used to cover any usual and customary
education-related expense including tuition and fees, books, and room and
board. The amount of the loan for the
student would be an amount equal to the tuition and fees, excluding
incidental fees, at a public institution of higher education. For a private or independent institution
of higher education, the amount of the loan would be equal to the average
tuition and fees, excluding incidental fees, charged to a student. Beginning with the fall semester, 2003, an
eligible student would be required to have graduated from a Texas high school
with a diploma designated as college preparatory by the Texas Education
Agency. Effective date: September 1, 2003. |
|
|
|
|
|
SB
28 |
Zaffirini, Laredo |
Relating
to the collection and maintenance of bacterial meningitis immunization
records by public institutions of higher education. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Section 51.9192.
This bill would require the Coordinating Board, in consultation with
the Texas Department of Health, to prescribe procedures by which each
institution of higher education shall request and make reasonable efforts to
obtain from each new student information as to whether the student has been
immunized against bacterial meningitis, when the student received the
immunization, and the name and address of the health care provider that
administered the immunization. If the
institution of higher education administers a bacterial meningitis
immunization to a student, the institution would be required to maintain a
record of the immunization. In both
cases, the institution is also required to request that the student provide
written consent to the release of this confidential information. Each institution shall retain a record of
information collected and a copy of the consent form obtained for not less
than ten years after the student first enrolled at the institution. This would apply to each first-time
student at an institution of higher education, including a student who
transfers to the institution from another institution. Effective date: September 1, 2003. |
|
|
|
|
|
SB
29 |
Zaffirini, Laredo |
Relating
to meetings of governing boards of public institutions of higher education
held outside this state and to the manner in which certain meetings of those
boards may be held. |
|
|
|
|
|
|
Summary: |
This
bill would authorize the governing board of an institution of higher
education to hold an open or closed meeting by videoconference. The board would be allowed to hold a
telephone conference call or videoconference if the governing board
determines that, for an academic or other policy reason, it is appropriate
for a quorum of the board to meet at a physical location outside the
geographical boundaries of the state, including a location in a foreign
country. If a meeting is held outside
the boundaries of the state, the meeting notice must specify the physical
location where a quorum of the governing board will meet and the reason for
which the governing board determined to meet at that location. For a videoconference meeting, each part
of the meeting that is required to be open to the public shall be visible and
audible to the public at the location specified in the notice, be recorded in
an audiovisual medium that records the meeting substantially as presented,
and have two-way audio and video communications with each participant. Effective date: September 1, 2003. |
|
|
|
|
|
SB
33 |
Zaffirini, Laredo |
Relating
to the right of an employee to time off from work to participate in certain
activities of the employee’s child. |
|
|
|
|
|
|
Summary: |
This
bill authorizes an employee to use up to ten hours of leave in each twelve
month period to meet with the employee’s child’s teacher, counselor, or
principal. Each employee is entitled
to one hour in each calendar month.
See HB 50, Turner. Effective
date: September 1, 2003. |
|
|
|
|
|
|
|
|
|
SB
55 HB
273 |
Zaffirini, Laredo Naishtat, Austin |
Relating
to forensic evidence training for students enrolled in certain medical or
nursing degree programs. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Section 51.310.
This bill requires each institution of higher education that offers a
program leading to a doctor of medicine or doctor of osteopathy degree or to
a degree that satisfies the educational requirement for licensure for a
registered nurse to establish a course in forensic evidence collection and
require completion of the course as a prerequisite to receiving the
degree. The bill requires the Coordinating
Board to establish standards for the course.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
56 |
Zaffirini, Laredo |
Relating
to the creation of rural health centers. |
|
|
|
|
|
|
Summary: |
This
bill requires the Office of Rural Community Affairs, with cooperation from
the Texas Department of Health, the Health and Human Services Commission, the
statewide rural healthcare system designated under Chapter 845, Insurance
Code, and public health departments in rural counties to establish regional
health centers in rural counties to coordinate the delivery of health care to
residents of rural counties. The bill
requires each agency to provide services covered by programs of the agency
and to contract with health care professionals who are eligible to serve
residents that are enrolled in federal and agency programs to work from each
regional health center. The bill
requires that at least three or four sites be established before January 1,
2004. Effective date: September 1, 2003. |
|
|
|
|
|
SB
84 HB
1083 |
Wentworth, San
Antonio Baxter, Austin |
Relating
to the prompt production of public information under the public information
law. |
|
|
|
|
|
|
Summary: |
This
bill would define “promptly” to mean as soon as possible under the
circumstances, that is, within a reasonable time, without delay. Effective date: September 1, 2003. |
|
|
|
|
|
SB
85 HB
18 |
Wentworth, San
Antonio Corte, San
Antonio |
Relating
to excepting military discharge records from required public disclosure and
limiting the persons to whom the information may be disclosed. |
|
|
|
|
|
|
Summary: |
This
bill creates a new exception to the Public Information Act for a military
veteran’s Department of Defense Form DD-214 or other military discharge
record. Same bill as HB 165,
Uresti. Effective date: |
|
|
|
|
|
SB
86 |
Wentworth, San
Antonio |
Relating
to the eligibility of a high school graduate for automatic admission to an
institution of higher education. |
|
|
|
|
|
|
Summary: |
Amends
Education Code, Sections 51.803 and 51.807.
This bill would limit the top ten percent automatic admission statute
by requiring that the student complete the recommended or advanced high
school program or an equivalent curriculum before being entitled to automatic
admission for being in the top ten percent of the student’s high school
graduating class. This requirement would
not apply to an applicant who graduated from a public high school that does
not offer the recommended or advanced high school curriculum if the school
has received a waiver of those curriculum requirements from the Texas
Education Agency. See HB 933, Dutton
and HB 2507, Morrison. Effective
date: September 1, 2003. |
|
|
|
|
|
SB
87 HB
391 |
Wentworth, San
Antonio Pitts, Waxahachie |
Relating
to the participation of institutions of higher education in electronic
government. |
|
|
|
|
|
|
Summary: |
Amends
Government Code, Sections 2055.001 and 2177.0001; repeals Sections 2055.002
and 2177.005. This bill would
eliminate the permissive authority for institutions of higher education to
participate in the statewide electronic programs. The bill would require institutions to participate in the
electronic government program and the electronic procurement program. Effective date: September 1, 2004. |
|
|
|
|
|
SB
89 |
Wentworth, San
Antonio |
Relating
to compensatory time for persons governing state agencies. |
|
|
|
|
|
|
|
|
|
|
Summary: |
This
bill would prohibit accrual of compensatory time for the administrative head
of a state agency, including an executive director. State agency is defined to include an institution of higher
education. Effective date: September 1, 2003. |
|
|
|
|
|
SB
95 HB
425 |
West,
R. Dallas Christian, Center |
Relating
to requiring a state agency to consider legislative intent during the process
of adopting an agency rule. |
|
|
|
|
|
|
Summary: |
This
bill would require each state agency before giving notice of intention to
adopt a rule to determine whether the proposed rule is consistent with the
legislature’s intent in enacting or otherwise affecting the law and informing
each author and sponsor of the legislation that the rule is being
considered. Each state agency would
be required to deliver a copy of the proposed rules to each member of the
legislature. Effective date: September 1, 2003. |
|
|
|
|
|
SB
104 HB
6 |
Nelson, Flower
Mound Allen, Grand
Prairie |
Relating
to the regulation and enforcement of the practice of medicine by the State
Board of Medical Examiners. |
|
|
|
|
|
|
Summary: |
This
bill amends the sections regarding physician education and assistance
programs and the section regarding required suspension or revocation of
license. Effective date: September 1, 2003. |
|
|
|
|
|
SB
111 |
Barrientos, Austin |
Relating
to a voting student member on the board of regents of the University of Texas
System. |
|
|
|
|
|
|
Summary: |
Amends
Texas Education Code, Sections 65.11 and 65.12; adds Section 65.111. This bill would require the Governor to
appoint a student regent to the University of Texas System Board of
Regents. Each general academic
teaching institution in the UT System will be required to solicit applicants
for the position of student regent and each application will have the name of
the applicant and of the general academic teaching institution removed prior
to consideration by the University of Texas System Student Advisory
Council. The council shall select
five applicants that will be forwarded to the chancellor of the system for
consideration for recommendation to the Governor. The Governor may request to review all applicants for the
position of student regent. The
Governor is not required to appoint the applicant recommended by the
chancellor. The chancellor shall
select two or more applicants as the system’s recommendations for the position. The
student regent must be enrolled in an undergraduate or graduate program at a
general academic teaching institution in the system at the time of the
appointment. The student regent shall
have the same powers and duties, including voting privileges, as other board
members. The student regent shall
serve a term of three years. See HB
719, Naishtat and HB 2123, Wilson.
Effective date: October 1,
2003. |
|
|
|
|
|
SB
124 HB
46 |
Shapleigh, El
Paso Turner,
S. Houston |
Relating
to the continuance of the Telecommunications Infrastructure Fund Board and
the limitation on deposits to the telecommunications infrastructure fund. |
|
|
|
|
|
|
Summary: |
This
bill would authorize the extension of the collection of funding for the TIF
until the amount collected is $2 billion.
The bill also authorizes the continuation of the TIF Board until
September 1, 2009. Effective
date: September 1, 2003. |
|
|
|
|
|
SB
129 |
Fraser, Horseshoe
Bay Jackson, Pasadena |
Relating
to the regulation of mold remediation and other mold-related activities. |
|
|
|
|
|
|
Summary: |
This
bill adds a chapter to the Occupations Code to be cited as the Texas Mold
Remediation Licensing Act. This
chapter would apply to any mold-related activity performed by a third party
for compensation and any mold-related activity performed in a facility owned
or leased by the state or by a county or a city. |
|
|
|
|
|
SB
137 HB
152 |
Ellis,
R. Houston Wilson, Houston |
Relating
to certain life insurance policies insuring the life of an employee or other
third parties. |
|
|
|
|
|
|
|
|
|
|
Summary: |
This
bill prohibits an individual, partnership, association, corporation, or other
legal entity who is the employer of an individual who is insured under a life
insurance policy from being designated as a beneficiary to receive the
proceeds of the policy. This prohibition
does not apply when the employer is a corporation, joint stock association,
trust estate, or a partnership. See
HB 978, Dukes. Effective date: September 1, 2003. |
|
|
|
|
|
SB
141 HB
2040 |
Ellis,
R. Houston Marchant, Carrollton |
Relating
to authorizing certain state agencies to share information for investigative
purposes. |
|
|
|
|
|
|
Summary: |
Amends
Government Code by adding Section 555.051.
This new section would apply only to information held by or for the
office of attorney general, the Department of Insurance, State Board of
Public Accountancy, the Public Utility Commission, or the State Securities
Board that relates to a person who is licensed or otherwise regulated by any
of those agencies. This amendment
would allow these agencies to share confidential information that is
otherwise restricted by law with one or more of the other agencies listed for
investigative purposes. Effective
date: September 1, 2003. |
|
|
|
|
|
SB
147 |
Barrientos, Austin |
Relating
to the adoption by state agencies of risk management and control strategies. |
|
|
|
|
|
|
Summary: |
Amends
Government Code by adding Chapter 2057.
This bill defines state agency to include a university system or an
institution of higher education as defined by Section 61.003, Education Code. This bill defines risk management to mean
the identification of significant impediments that may prevent a state agency
from achieving its objectives, or the identification of a significant
likelihood that an opportunity may be lost for enabling a state agency to
achieve its objectives. Each
governing board of a state agency shall be required to adopt risk management
and control strategies for the succeeding biennium not later than August 31
of each odd-numbered year. The risk
management and control strategies must specify the operational, strategic,
and financial objectives of the state agency; assess the nature and extent of
the risk to achieve those objectives; identify any significant risk that may
impede the achievement of those objectives; identify measures that may lessen
or eliminate significant risks; and analyze the likelihood that the risk may
occur and the cost of controlling the risk compared to the benefits of
managing the risk. The governing
board will be required to forward a copy of the strategies to the Governor,
Lt. Governor, Speaker of the House, Comptroller, and the Legislative Budget
Board. The
agency will be required to report progress to the governing board at least
twice each year. The governing body
of each state agency will be required to report not later than October 31 of
each even-numbered year on its level of achievement in implementing risk
management and control strategies for the current biennium to each of the
state offices. Effective date: September 1, 2003. |
|
|
|
|
|
SB
148 |
Barrientos, Austin |
Relating
to requiring state agencies to create subcommittees on strategic planning. |
|
|
|
|
|
|
Summary: |
This
bill would require the governing body of each state agency to appoint from
among the members of the body one subcommittee to review audits of the agency,
one subcommittee to review the agency’s strategic plan, and one subcommittee
to review the agency’s operations.
The subcommittees would be required to meet regularly. The presiding officer of the governing
body may not serve on the audit committee.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
149 |
Barrientos, Austin |
Relating
to a leave of absence for certain state employees who are donating an organ,
tissue, bone marrow, or blood. |
|
|
|
|
|
|
Summary: |
This
bill provides a paid leave of absence to serve as a bone-marrow or organ
donor. Five working days per fiscal
year are granted to serve as a bone-marrow donor and thirty working days to
serve as an organ donor. A state agency
would also be required to allow an employee sufficient time off without a reduction
in salary or accrued leave to donate blood.
This leave cannot exceed four times in a fiscal year. See HB 89, McClendon. Effective date: September 1, 2003. |
|
|
|
|
|
SB
152 |
Lindsay, Houston |
Relating
to the application of the open meetings law and the public information law to
meetings and information regarding certain response plans of a municipal
hospital or hospital district. |
|
|
|
|
|
|
|
|
|
|
Summary: |
Amends
Government Code by adding Section 551.090 and Section 552.145. This bill would authorize the governing
board of a municipal hospital or a hospital district to deliberate the
details, or specific occasions for implementation, of a plan for responding
to a natural, technological, or man-made hazard or to an act of terrorism in
a closed meeting. This
bill would also authorize the hospital district to except information
relating to responding to a natural, technological, or man-made hazard or act
of terrorism from public information.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
158 HB
579 |
Nelson, Flower
Mound Eiland, Galveston |
Relating
to limiting liability of physicians and health care providers for charitable
care. |
|
|
|
|
|
|
Summary: |
This
bill would eliminate the liability for damages in civil actions based on
medical care or health care provided by a physician or health care provider
if the physician or health care provider provided the care in good faith and
without willful or wanton negligence, provided the care without expectation
of compensation, and the patient or the patient’s parent signs a written statement
acknowledging that the care is provided without expectation of compensation
and a realization of the limitation on the recovery of damages. The bill limits the liability of a
hospital for care provided under these circumstances to $500,000. See HB 3, Nixon; HB 709, Nixon; SB 1598,
Janek. Effective date: September 1, 2003. |
|
|
|
|
|
SB
166 |
Shapiro, Addison |
Relating
to sex offender registration requirements imposed on certain higher education
workers or students and to immunity for release of public information
obtained as a result of those requirements. |
|
|
|
|
|
|
Summary: |
Amends
Code of Criminal Procedure, Articles 62.01, 62.02, 62.03, 62.05, 62.08 and
62.09; adds Article 62.063. This bill
would require an individual who is required to register as a sex offender to
also register, not later than the seventh day after beginning work or
attending school, with the authority for campus security for each public or
private institution of higher education.
The individual would also be required to notify the authority for
campus security of a change in status within seven days of terminating
employment or enrollment. Note: Current federal law (42 U.S.C. 14071)
requires a state that requires an individual to register as a sex offender to
provide notice as required under state law of each institution of higher
education in the state at which the person is employed, carries on a
vocation, or is a student, and of each change in enrollment or employment
status. See HB 55, Wise. Effective date: September 1, 2003. |
|
|
|
|
|
SB
170 HB
707 |
Barrientos, Austin Rangel, Kingsville |
Relating
to a uniform strategy to ensure that public institutions of higher education
employ faculty and staff who reflect the population of Texas. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Section 61.0865.
This new section requires the Coordinating Board to develop and
annually update a uniform strategy to enable institutions of higher education
to identify, attract, hire, and retain faculty and staff who reflect the
population of this state. Each
institution would be required to implement the uniform strategy and to
annually report to the Coordinating Board the manner in which the institution
had implemented the uniform strategy.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
178 |
West, Dallas |
Relating
to the disposition of unclaimed prize money by the Texas Lottery Commission. |
|
|
|
|
|
|
Summary: |
Amends
Government Code, Section 466.408, (b).
This bill would eliminate the current allocation of $40 million in
unclaimed prize money to UTMB and the requirement that any amount in excess
of $40 million be deposited in the tertiary care facility account to be
administered by the Texas Department of Health. This bill would require the unclaimed prize monies in the
future be deposited into an account to be administered by the Texas Health
and Human Services Commission.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
181 |
Janek, Harris |
Relating
to liability for emergency care. |
|
|
|
|
|
|
Summary: |
This
bill rewrites the section regarding no liability for civil damages for individuals
who in good faith administer emergency care unless the act is willfully or
wantonly negligent. Effective date: |
|
|
|
|
|
SB
182 |
Janek, Harris |
Relating
to joint and several liability in health care liability claims. |
|
|
|
|
|
|
Summary: |
This
bill states a physician or health care provider is not jointly liable for
damages attributed to any other persons, without regard to whether the
percentage of responsibility attributed to the physician or health care
provider is greater than fifty percent.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
183 |
Janek, Harris |
Relating
to the liability of certain health care practitioners and veterinarians for
prescribing approved drugs or devices. |
|
|
|
|
|
|
Summary: |
This
bill would eliminate a health care practitioner or veterinarian as a
defendant in a civil law suit for damages that were allegedly caused by using
a prescription drug or device, including a blood product, that has been
approved by the United States Food and Drug Administration. The bill would also exempt health care
practitioners and veterinarians from being named as defendants in products
liability actions. Effective
date: September 1, 2003. |
|
|
|
|
|
SB
198 |
Janek, Harris |
Relating
to the liability of health care providers at free medical clinics. |
|
|
|
|
|
|
Summary: |
This
bill would eliminate a health care provider from liability for civil damages
for an act performed during the provision of health care if the health care
is provided in a medical clinic covered by this new section, the provider
provides the health care in good faith, the act is not willfully or wantonly
negligent, the health care provider does not receive a fee or other
compensation, and the health care does not require the services of a hospital
or ambulatory surgical treatment center.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
201 |
Shapleigh, El
Paso |
Relating
to the tuition charged certain foreign students attending a public junior
college in a county bordering Mexico. |
|
|
|
|
|
|
Summary: |
Amends
Education Code, Section 54.060 by adding Subsection (b-1). This bill would allow a governing board of
a junior college district that operates a public junior college in a county
that borders the United Mexican States to waive the foreign student tuition
for a student who is a resident of the United Mexican States, who registers
for lower division courses, and who demonstrates a financial need as
determined by rules developed by the Coordinating Board. A foreign student who qualified for this
waiver would be required to pay tuition at the rate charged Texas residents
who reside outside the junior college district. Effective date:
September 1, 2003. |
|
|
|
|
|
SB
229 |
Ellis,
R. Houston |
Relating
to the establishment of an interagency task force to study health literacy. |
|
|
|
|
|
|
Summary: |
This
bill would create an Interagency Task Force on Health Literacy established by
the commissioner of public health.
The task force will examine access to health services, barriers to
receiving health care, examine ways to increase the efficiency of health care
providers and expenditures, and examine the health care literacy of rising
health care costs, complex health treatments, the individual’s age, and
cultural and linguistic diversity.
The task force is directed to report by December 15, 2004, on strategies
to improve the health literacy of the residents of this state. Effective date: September 1, 2003. |
|
|
|
|
|
SB
231 |
Ellis,
R. Houston |
Relating
to establishing ethics and disclosure requirements for certain persons,
including financial consultants and advisors, involved in the management or
investment of state funds. |
|
|
|
|
|
|
Summary: |
Amends
Government Code by adding Chapter 2263.
This new chapter would apply to the management or investment of any
state funds under the Texas Constitution and any funds invested by a public
retirement system, institution of higher education, or another entity that is
a part of state government. Financial
advisor or service provider is defined to include a financial advisor,
financial consultant, money or investment manager, or broker. This bill would require the governing body
of the state governmental entity to adopt standards of conduct applicable to
financial advisors or service providers who are not employees of the
governmental entity and who may reasonably be expected to receive, directly
or indirectly, more than $10,000 in compensation from the entity during the
fiscal year, or render important investment or funds management advice to the
entity. A financial advisor or
service provider would be required to disclose any relationship if any party
to a transaction with the governmental entity could reasonably be expected to
diminish the person’s independence of judgment in the performance of the
person’s responsibility to the governmental entity and disclose all direct or
indirect pecuniary interests the financial advisor or service provider has in
any party to the transaction with the state governmental entity. The financial advisor or service provider
would be required to file annually a statement with the administrative head
of the applicable state governmental entity and with the state auditor. Effective date: September 1, 2003. |
|
|
|
|
|
SB
235 |
Fraser, Horseshoe
Bay |
Relating
to the contents of a receipt or other document issued for payment by credit
card. |
|
|
|
|
|
|
Summary: |
If
a credit card is used to pay for goods or services, this bill would prohibit
a seller from issuing a sales receipt or other document evidencing the
transaction unless no more than the last five digits of the credit account
number or the month and year of the credit card’s expiration date appears on
the receipt or document. See HB 176,
McCall and HB 277, Hopson. Effective
date: |
|
|
|
|
|
SB
237 |
Fraser, Horseshoe
Bay |
Relating
to the regulation of drinking water at certain youth camps. |
|
|
|
|
|
|
Summary: |
This
bill would require inspection of the water supply at a youth camp licensed by
the Department of Health. See HB
2075, Hilderbran. Effective
date: September 1, 2003. |
|
|
|
|
|
SB
238 |
Fraser, Horseshoe
Bay |
Relating
to decreasing the maximum amount of the administrative penalty for violations
of the Youth Camp Safety and Heath Act. |
|
|
|
|
|
|
Summary: |
This
bill would reduce the penalties for youth camps from $2,000 a day for each
violation to $1,000 a day for each violation. Effective date:
September 1, 2003. |
|
|
|
|
|
SB
239 |
Fraser, Horseshoe
Bay |
Relating
to allowing youth camps to correct violations during inspections by the Texas
Department of Health. |
|
|
|
|
|
|
Summary: |
This
bill would require the Department of Health to allow a camp to correct a
violation while the investigation and inspection is occurring. A penalty may not be imposed if the
violation is corrected during an investigation and inspection. See HB 2075, Hilderbran. Effective date: September 1, 2003. |
|
|
|
|
|
SB
253 |
Staples, Palestine |
Relating
to applicability of the Youth Camp Safety and Health Act to facilities or
programs operated by or on the campus of an institution of higher education. |
|
|
|
|
|
|
Summary: |
Amends
Health and Safety Code, by adding Section 141.0021. This bill would exempt facilities or programs operated by or on
the campus of an institution of higher education or a private or independent
institution of higher education from the requirements regarding the Texas
Youth Camp Safety and Health Act.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
258 HB
506 |
West,
R. Dallas Deshotel, Port
Arthur |
Relating
to the tuition charged by institutions of higher education for high school
students enrolled in college-level courses. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Section 54.216.
This new section would allow a governing board of an institution of
higher education to waive all or part of the tuition and fees charged by the
institution for a high school student enrolled in a course for which the
student is entitled to simultaneously receive both high school academic
credit and course credit toward a degree offered by the institution. Effective date: September 1, 2003. |
|
|
|
|
|
SB
261 HB
677 |
Shapleigh, El
Paso Dunnam, Waco |
Relating
to the continuation and functions of the Council on Purchasing from People
with Disabilities. |
|
|
|
|
|
|
Summary: |
This
bill contains the Sunset Commission recommendations for the council and would
continue its existence through September 1, 2015. As opposed to the current permissive procedures, the council
would be required to establish a formal certification procedure for
recognition and approval of community rehabilitation programs. The amendments give the state auditor the
right to audit a state agency for compliance with the laws regarding the
council and report to the council a state agency that is not complying. The council would then be required to
assist the agency to get in compliance.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
265 HB
909 |
Lucio, Brownsville Gallego, Alpine |
Relating
to continuation and functions of the State Board of Educator Certification. |
|
|
|
|
|
|
|
|
|
|
Summary: |
This
bill represents the Sunset Commission’s recommendations regarding SBEC. This bill would allow the State Board of
Education to continue to review and accept or reject the proposed rules for
SBEC. Effective date: September 1, 2003. |
|
|
|
|
|
SB
275 HB
1233 |
Nelson, Flower
Mound Solomons, Carrollton |
Relating
to the abolition of the Department of Economic Development. |
|
|
|
|
|
|
Summary: |
This
bill contains the Sunset Commission’s recommendations regarding the Texas
Department of Economic Development.
The bill would eliminate the department and transfer its functions to
the Governor’s office. See SB 659,
Brimer and HB 3472, Keffer, J.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
277 HB
1789 |
Ellis,
R. Houston Chisum, Pampa |
Relating
to the continuation of the Board of Professional Engineers and to the
regulation of the practice of engineering. |
|
|
|
|
|
|
Summary: |
Amends
Occupations Code, Chapter 1001. This
bill represents the Sunset Commission’s recommendations regarding this
board. Effective date: September 1, 2003. |
|
|
|
|
|
SB
286 HB
2419 |
Shapleigh, El
Paso Gallego, Alpine |
Relating
to the continuation and functions of the Higher Education Coordinating Board. |
|
|
|
|
|
|
Summary: |
Amends
numerous sections of Chapter 61, Texas Education Code. The primary purpose of this bill is to
implement the Sunset Commission recommendations regarding the Coordinating
Board. This bill would continue the
board until September 1, 2015 and reduces the current membership from
eighteen members to fifteen members in order to conform with the Texas
Constitution. The amendments require
a board member to complete a statutorily mandated training program prior to
participating in any meeting. New
sections would require the board to review and revise the long-range
statewide plan (Closing the Gaps); to make and submit to the legislature
recommendations regarding the current higher education funding system,
including formula funding and any other transfers of legislative
appropriations to institutions that supports the implementation of the
long-range plan; and to study and make recommendations regarding methods for
reducing administrative costs and increasing participation in student
financial aid programs. This
bill replaces the current Joint Advisory Committee with the P-16
Council. The new council would be
composed of the commissioner of education, the commissioner of higher
education, the executive director of the Texas Workforce Commission, and the
executive director of the State Board of Educator Certification. The bill continues the same duties of the
present advisory committee and adds one duty regarding the alignment of
secondary and postsecondary education including curricula and testing and
assessment. One
new section of the bill requires the Coordinating Board to adopt a common
course numbering system to promote consistency in the designation and
identification of courses among institutions of higher education. The new section further requires that each
institution use the common course numbering system adopted by the board. The
bill makes minor changes to several of the financial aid programs
administered by the Coordinating Board including the physician loan repayment
program, the early child-care worker loan repayment program, the loan
repayment program for attorneys employed by the Attorney General and the
Teach for Texas loan repayment program. The
bill includes transition language to eliminate the three board members whose
position would no longer exist.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
287 HB
2769 |
Ellis,
R. Houston Chisum, Pampa |
Relating
to changing the composition of certain state agency governing bodies. |
|
|
|
|
|
|
Summary: |
Amends
numerous sections of various codes including Texas Education Code, Section
61.022. This bill reduces the number
of board members on boards that are currently comprised of an
even-number. This amendment would
reduce the Coordinating Board from eighteen members to fifteen members. This provision is also contained in the
Coordinating Board’s Sunset bill.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
309 HB
525 |
Gallegos, Galena
Park Noriega, Houston |
Relating
to providing health care services without regard to a person’s immigration
status. |
|
|
|
|
|
|
Summary: |
This
bill would allow a municipality, a county, public hospital, or a hospital
district to use money from state or local sources to provide medical and
hospital care to a person without regard to the person’s immigration
status. Effective date: September 1, 2003. |
|
|
|
|
|
SB
311 |
Shapleigh, El
Paso |
Relating
to prohibiting certain foreign corporations from participating in state
contracts. |
|
|
|
|
|
|
Summary: |
This
bill amends Government Code, Chapter 2155, which currently does not apply to
institutions of higher education. The
amendments would prohibit a foreign corporation, as defined by this bill,
from participating in state contracts, including delegated purchases. See HB 908, Gallego. Effective date: September 1, 2003. |
|
|
|
|
|
SB
318 |
Hinojosa, McAllen |
Relating
to a fee to fund women’s athletic programs of the University of Texas System. |
|
|
|
|
|
|
Summary: |
Amends
Education Code, by adding Section 65.48.
This bill would authorize the UT System Board of Regents to impose a
fee of $1 to be added to the admission charge for any intercollegiate
athletic event held on the campus of or on other property under the control
of any component institution of the system.
The money collected from the fee would be used to support women’s
athletics at the components. The
institutions would be prohibited from reducing the amount of other money the
institution currently spends on women’s intercollegiate athletics. Effective date: September 1, 2003. |
|
|
|
|
|
SB
330 HB
1096 |
Nelson, Flower
Mound Capelo, Corpus
Christi |
Relating
to access to certain private medical information. |
|
|
|
|
|
|
Summary: |
This
bill repeals Health and Safety Code, Sections 181.101 and 181.102. These two sections deal with compliance
with federal regulations and information regarding health research. Effective date: September 1, 2003. |
|
|
|
|
|
SB
334 HB
882 |
Staples, Palestine Christian, Center |
Relating
to student center fees at Stephen F. Austin State University. |
|
|
|
|
|
|
Summary: |
Amends
Education Code, Section 54.520. This
bill would authorize an increase in the student center fees from $15 per
student per semester to an amount not to exceed $100. It expands the purposes for which the fees
may be used to include acquiring, constructing, or renovating the
center. The bill does add the
limitation of any increases greater than ten percent will require a vote of
the students participating in a general student election called for that
purpose. Effective date: September 1, 2003. |
|
|
|
|
|
SB
337 HB
652 |
Shapleigh, El
Paso Rangel, Kingsville |
Relating
to requiring the Texas Higher Education Coordinating Board to publish certain
performance data provided to the board by general academic teaching
institutions. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Section 61.0902.
This bill would require the general academic teaching institutions to
provide information to the Coordinating Board in order for the Coordinating
Board to prepare a report to be published and posted on the board’s Internet
site. The information would include
information regarding the qualifications of the entering freshman class for
the previous academic year and information regarding the institution’s
efficiencies and student performance.
Each institution would be required to provide a link on the
institution’s Internet home page to the board’s site. Effective date: September 1, 2003. |
|
|
|
|
|
SB
342 |
Shapleigh, El
Paso |
Relating
to health care for certain Texans; providing a penalty. |
|
|
|
|
|
|
|
This
bill amends the statutes relating to the immunization registry. This
bill provides a preference for vendors that provide health benefits coverage
for employees. A state agency would
be required to give a preference in the purchase of goods or services from a
vendor that demonstrates that the vendor provides health benefits coverage to
the vendor’s employees. Institutions
of higher education are currently exempt from this chapter of the law. The
bill also establishes the border health foundation. The foundation would be governed by a board of five directors
appointed by the Texas Board of Health.
The foundation would be required to raise money from other
foundations, governmental entities, and other sources to finance health
programs in this state in areas adjacent to the border with the United
Mexican States. The bill would
authorize an institution of higher education to contract with the foundation
to finance these health care programs. Amends
Education Code, by adding Sections 61.551—61.554; Section 61.0902—61.0903 and
Sections 29.187—29.188. This bill
would establish a Border Health Corps.
Practitioners in medicine, dentistry, and nursing would be eligible to
participate in a loan repayment assistance program funded by appropriations
and gifts and grants. The
practitioner would be eligible to receive up to $10,000 in loan repayment
assistance. The program would be
administered by the Coordinating Board. The
bill also requires the Coordinating Board to examine undergraduate programs
that require more than four years of undergraduate coursework to prepare
students for graduate medical education to determine whether such programs
are feasible and effective. If the
board makes such a determination, the board will work with institutions to
successfully implement and conduct these programs. It requires the Coordinating Board to develop a strategy to
coordinate recruitment and retention of students from ethnic or racial
backgrounds that are underrepresented in institutions of higher education in
this state. The
bill also requires the Texas Education Agency to periodically assess the
adequacy of existing health science technology and college preparatory
courses and programs in secondary schools in the Texas-Mexico border
region. TEA would be required to
establish a statewide network of summer study science instruction programs
for students from racial groups that are underrepresented in the fields of
science in medicine. See HB 1016,
Gallego. Effective date: September 1, 2003. |
|
|
|
|
|
SB
349 |
Armbrister, Victoria |
Relating
to the intellectual property rights of the Department of Information
Resources and certain other state agency intellectual property matters. |
|
|
|
|
|
|
Summary: |
This
bill would allow the Department of Information Resources to establish an
intellectual property policy and to contract with persons or entities to
distribute the department’s intellectual property. Money paid to the department would be deposited to the credit
of the general revenue fund. Current
law requires each state agency to perform a biennial audit of software
licenses for software installed in the agency’s desktop and portable
computers. These amendments would
only require an agency to perform the audit once in every four-year
period. See HB 739, Pitts and HB 629,
Pitts. Effective September 1, 2003. |
|
|
|
|
|
SB
350 HB
625 |
Armbrister, Victoria Lewis, Mauriceville |
Relating
to equal access to places of public accommodation. |
|
|
|
|
|
|
Summary: |
This
bill defines public accommodation as a business or other entity that offers
to the general public food, shelter, recreation, or amusement, or any other
goods, service, privilege, facility, or accommodation. The bill would prohibit a person that owns
or operates a public accommodation from restricting an individual’s access or
admission to the accommodation from using the accommodations solely because
of the race, creed, sex, religion, or national origin of the individual; or
because the individual operates a motorcycle, is a member of an organized
motorcycle group, or wears clothing that displays the name of the
organization or association. The bill
does provide an exemption for private or independent institutions of higher
education and for students attending public or private school. Effective date: September 1, 2003. |
|
|
|
|
|
SB
362 |
Ellis,
R. Houston |
Relating
to authorizing the issuance of revenue bonds for the University of Houston
for recovery from Tropical Storm Allison recovery. |
|
|
|
|
|
|
Summary: |
Amends
Education Code, by adding Section 55.17393.
This bill would authorize the University of Houston System to issue
tuition revenue bonds in an amount not to exceed $25 million to cover related
infrastructure damage from Tropical Storm Allison. Effective date:
Immediately. |
|
|
|
|
|
SB
364 |
Janek, Harris |
Relating
to the limits on liability for health care liability claims. |
|
|
|
|
|
|
Summary: |
This
bill would limit the combined total civil liability of a physician or health
care provider and the agents or employees of the provider when the recovery
of damages is based exclusively on a theory of vicarious liability for the
act or omission of the agents or employees.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
388 HB
2667 |
Ellis,
R. Houston Hochberg, Houston |
Relating
to the use and management of certain state-owned real property. |
|
|
|
|
|
|
Summary: |
This
bill requires each state agency to include as part of its 2006-2007
legislative appropriations request detailed information regarding real
property owned by the agency. The
information would include total acres owned, total building space, location
of property, historical or acquisition cost of property, appraised market
value, current and expected use, recommendations on the retention or
disposition of property owned, and estimated impact, if any, on the capital
charge system on the federal direct and indirect cost recovery. The bill establishes the Texas Agency
Infrastructure Commission to investigate the number and function of state
agency field offices and to recommend the collocation or closure of state
agency field offices, if appropriate.
The commission would be appointed by the Governor, with
recommendations from the Lt. Governor and Speaker for one member each, one
member appointed by the Land Commissioner, and one member appointed by the
Comptroller. The commission and these
new requirements would expire on September 1, 2004. e-Texas GG14. Effective
date: September 1, 2003. |
|
|
|
|
|
SB
394 HB
1293 |
Shapleigh, El
Paso Hochberg, Houston |
Relating
to the Records Management Interagency Coordinating Council. |
|
|
|
|
|
|
Summary: |
This
bill would expand the membership of the Records Management Interagency
Coordinating Council to include three auxiliary voting members including a
faculty member of a public senior college or university who has demonstrated
knowledge or records and information management. Effective date:
September 1, 2003. |
|
|
|
|
|
SB
413 |
Madla, San
Antonio |
Relating
to the study of educational opportunities for emergency services personnel. |
|
|
|
|
|
|
Summary: |
This
bill would require the Coordinating Board, in conjunction with the Department
of Health, and the TIF Board, to study ways to make educational opportunities
more available to emergency medical services personnel, focusing specifically
on rural areas where training and formal education are difficult to obtain. The bill requires a report to be filed
with the legislature not later than January 15, 2005. Effective date: September 1 2003. |
|
|
|
|
|
SB
426 |
Lindsay, Houston |
Relating
to the state emergency services and trauma care system. |
|
|
|
|
|
|
Summary: |
This
bill provides that money, including money available under federal law, may be
available to support the state emergency services and trauma care system and
entities within the system. Effective
date: September 1, 2003. |
|
|
|
|
|
SB
436 |
Lindsay, Houston |
Relating
to procedures regarding health care liability claims filed against physicians
and health care providers. |
|
|
|
|
|
|
Summary: |
This
bill amends the procedures regarding health care liability claims by
requiring the plaintiff to deposit $5,000 cash in the registry of the court
or an expert report on each defendant named in the lawsuit. An expert witness report would be required
regardless of whether the defendant is or is not a physician or a health care
provider. Effective date: September 1, 2003. |
|
|
|
|
|
SB
447 HB
634 |
Williams, The
Woodlands Campbell, San
Angelo |
Relating
to the creation of a savings incentive program for state agencies. |
|
|
|
|
|
|
Summary: |
This
bill would require a state agency that spends less undedicated general
revenue derived from nonfederal sources than is appropriated to the agency
for a fiscal year to send notice to the comptroller before October 30th of
the savings realized. The comptroller
shall verify the amount. The affected
agency would be allowed to retain one-half of the amount of the savings, not
to exceed one percent of the amount of undedicated general revenue derived
from nonfederal sources appropriated to the agency for the fiscal year. e-Texas GG-17. Same as HB 651, Pitts.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
457 |
Armbrister, Victoria |
Relating
to the creation of a council to help the Department of Public Safety improve
the public safety telecommunications capabilities of state agencies. |
|
|
|
|
|
|
Summary: |
This
bill would establish the Public Safety Telecommunications Council which would
be composed of eight members named in the statute. The council would be required to advise the Department of
Public Safety on the development and administration of a plan to implement a
statewide integrated public safety telecommunications system for state
agencies and other state public safety entities. The system would be financed by a public safety
telecommunications fund which would consist of a $12 increase on the issuance
or renewal of driver’s licenses.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
462 HB
2839 |
Shapleigh, El
Paso Chavez, El
Paso |
Relating
to the establishment of an asthma research center at the Texas Tech
University campus in El Paso. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Section 110.151.
This bill would require the board of regents of the Texas Tech
University System to establish the Texas Tech Asthma Research Center. The center shall operate in collaboration
with UTEP and the Texas Commission on Environmental Quality. The center would be required to conduct
research in asthma and conditions associated with the disease, including
health problems associated with industrial pollution and other environmental
contamination in this state in the region adjacent to the United Mexican
States. The center would be required
to develop a ten year strategic plan to guide and evaluate the center’s
progress toward achieving the purposes of the center. The elements of the strategic plan are set
forth in the bill. The bill does
designate an employee of the center as an employee of Texas Tech University
System. The board is directed to
select a site for the center at the regional academic health center of TTUHSC
in El Paso. The center must be
established by January 1, 2005.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
465 HB
1882 |
Lucio, Brownsville Deshotel, Port
Arthur |
Relating
to incentives for certain high schools and high school students to
participate in the Early High School Graduation Scholarship program. |
|
|
|
|
|
|
Summary: |
Amends
Education Code, Sections 56.202—56.207; 54.213(b) and adds Section 56.2075. This bill would expand the Early High
School Graduation Scholarship Program to provide assistance for tuition and
mandatory fees; currently only tuition.
The amendments lengthen the time period from thirty-six consecutive
months to forty-one consecutive months for the student to complete his high
school curriculum. If the student has
at least thirty hours of college credit, the student may have forty-five
months to get his high school diploma.
The amendments also increase the amount of the scholarship. 1.
$2,000/36 months in
high school and an additional $1,000 if the student graduated with 15 hours
of college credits; 2.
$500/36-41 months in
high school and an additional $1,000 if the person graduated with at least 30
hours of college credits; or 3.
$1,000/41—45 months in
high school with at least 30 hours of college credit. The
bill does provide for a one-time credit for public schools for certain
students graduating eligible for this scholarship program. Effective date: September 1, 2003. |
|
|
|
|
|
SB
476 HB
268 |
Barrientos, Austin Naishtat, Austin |
Relating
to application of the hazing statutes to private institutions of higher
education. |
|
|
|
|
|
|
Summary: |
Amends
Education Code, Section 51.936. This
bill expands the definition of an institution of higher education for
purposes of the hazing statutes to include private postsecondary educational
institutions as defined by Section 61.302.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
503 |
Ogden, College
Station |
Relating
to the provision of certain higher education information to the Higher
Education Coordinating Board and to the public. |
|
|
|
|
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Section 51.968.
Each institution of higher education shall provide to the Coordinating
Board and post on the institution’s Internet website in a manner accessible
to the public the following information:
(1) a description of any departments, schools, or certificate or
degree programs that have a statewide or national reputation for excellence;
(2) rates of tuition and fees for resident and nonresident students; student
retention and graduation rates; and statistics regarding job placement rates
for students awarded certificates or degrees by the institution. Institutions would be required to start
this information by the 2004 Spring semester. Effective date:
September 1, 2003. |
|
|
|
|
|
SB
505 |
Ellis,
R. Houston |
Relating
to mentor-protégé programs used by certain state agencies for historically
underutilized businesses. |
|
|
|
|
|
|
Summary: |
Amends
Government Code, Section 2161.065.
This bill removes the term contractor and replaces it with mentor in
regards to the mentor-protégé program.
The amendment also prohibits the Texas Building and Procurement
Commission from requiring a mentor under the mentor-protégé program to be a
registered bidder on the commission’s centralized master bidder’s list. Effective date: September 1, 2003. |
|
|
|
|
|
SB
506 |
Ellis,
R. Houston |
Relating
to requiring, as a condition of eligibility to bid on an oil, gas, or other
mineral lease on certain state land, a plan for procuring goods and services
from or participating with historically underutilized businesses. |
|
|
|
|
|
|
Summary: |
Amends
Natural Resources Code by adding Section 32.108; amends Education Code by
adding Sections 66.665, 85.555, and 109.645.
These new sections would impact oil, gas, or other mineral leases on
state land administered by the public School Land Board, the UT System, the
Texas A&M System, and the Texas Tech University System. To be eligible to bid on an oil, gas,
sulfur, or other mineral lease with TTUS, a person would be required to
submit to the board a plan acceptable to the board specifying how the person
will procure goods and services from HUBS, and participate with HUBS in the
production of oil, gas, sulfur, or other minerals from the leased land. The lessee would be required to make good
faith efforts to implement the plan.
The board of regents would be required to audit the lessee’s
compliance with the plan. If the
board determines that the lessee failed to implement the plan in good faith,
the board may bar the lessee from bidding at any future lease sale. Effective date: September 1, 2003. |
|
|
|
|
|
SB
517 |
Shapleigh, El
Paso |
Relating
to the creation of the Texas Border Strategic Investment Commission. |
|
|
|
|
|
|
Summary: |
Amends
Government Code by adding Chapter 489.
This new commission would be composed of the Lt. Governor, the
speaker, the comptroller, the commissioner of agriculture, the chair of the
senate finance committee, the chair of the house appropriations committee,
and the secretary of state. The new
statute would require the commission to identify and recommend funding for
strategic economic development initiatives in the six metropolitan
statistical areas in the Texas-Mexico border region not later than December 1
of each even-numbered year. Effective
date: September 1, 2003. |
|
|
|
|
|
SB
525 HB
1319 |
Shapleigh, El
Paso Naishtat, Austin |
Relating to the creation of employee
wellness programs by state agencies. |
|
|
|
|
|
|
Summary: |
Amends
Government Code by adding Section 664.007.
This bill would require each state agency to develop an employee
wellness program. Effective
date: September 1, 2003. |
|
|
|
|
|
SB
534 HB
2239 |
Carona, Dallas Paxton, Frisco |
Relating
to the applicability of the rule against perpetuities to trusts. |
|
|
|
|
|
|
Summary: |
This
bill would eliminate the rule against perpetuities or remoteness in vesting
as the rule relates to trust.
Effective date: January 1,
2004. |
|
|
|
|
|
SB
545 HB
1055 |
Hinojosa, McAllen Luna, Corpus
Christi |
Relating
to an intercollegiate athletics fee at Texas A&M University-Corpus
Christi. |
|
|
|
|
|
|
Summary: |
Amends
Education Code, by adding Section 54.5391.
This bill authorizes the board of regents of the Texas A&M
University System to impose an intercollegiate athletics fee on each student
enrolled at Texas A&M University—Corpus Christi. The fee could not exceed $8 per semester
credit hour for each semester or summer session unless the amount is approved
by a majority vote of the students participating in a general student
election or, if the amount of the increase does not exceed five percent, by a
majority of the legislative body of the student government of the
university. Effective date: September 1, 2003. |
|
|
|
|
|
SB
555 HB
1576 |
Shapleigh, El
Paso Gallego, Alpine |
Relating
to the telecommunications planning and oversight council. |
|
|
|
|
|
|
Summary: |
This
bill would add a representative of the Health and Human Services Commission
to the telecommunications planning and oversight council. The bill would also eliminate any
liability of a member of the council in a civil action for an act performed
in good faith. The bill adds to the
duties of the Department of Information Resources by directing the department
to negotiate rates and executive contracts with telecommunications service
providers for services. The department
would be allowed to acquire transmission facilities by purchase, lease, or
lease-purchase, and to develop, establish, and maintain carrier systems
necessary to the operation of the consolidated telecommunications system. Effective date: September 1, 2003. |
|
|
|
|
|
SB
558 HB
1130 |
Madla, San
Antonio Hardcastle, Vernon |
Relating
to immigration visa waivers for physicians. |
|
|
|
|
|
|
Summary: |
This
bill would allow the Department of Health, on receipt of an application from
a foreign applicant for the expedited processing of a license, and in
accordance with federal law, to request a waiver of the foreign country
residence requirement for a qualified alien physician who agrees to practice
medicine in a medically underserved area or health professional shortage area
as designated by the United States Department of Health and Human Services,
that has a current shortage of physicians. The
bill also directs the State Board of Medical Examiners to adopt rules to
expedite the application by a person who is licensed to practice medicine in
another state or country and who submits an affidavit with the application
stating that the applicant intends to practice in a rural community as
determined by the Office of Rural and Community Affairs, or the applicant
intends to practice in a medically underserved area or health professional
shortage area. The bill strikes the
requirements regarding the applicant’s affiliation with a public
university-sponsored graduate medical education program. Effective date: September 1, 2003. |
|
|
|
|
|
SB
561 HB
1281 |
Shapleigh, El
Paso Gallego, Alpine |
Relating
to indemnification by the state of physicians providing certain health care
services. |
|
|
|
|
|
|
Summary: |
Amends
Civil Practice and Remedies Code, Section 104.001. This bill would provide for indemnification for physicians
licensed to practice in this state providing health care services to a
patient as a part of a medical assistance program or the state child health
plan. Effective date: September 1, 2003. |
|
|
|
|
|
SB
571 |
Shapleigh, El
Paso |
Relating
to the authority of the comptroller to conduct performance reviews of general
academic teaching institutions. |
|
|
|
|
|
|
Summary: |
Amends
Government Code, Section 403.020.
This bill would authorize the comptroller to conduct performance
reviews of general academic teaching institutions either on the initiative by
the comptroller or by a request from the Coordinating Board or from the
institution. Only the president or
the majority of the governing board of the institution may initiate a request
from the institution. Institutions
would be required to pay twenty-five percent of the cost incurred in
conducting the review just like public school districts. The review would include a review of
fiscal operations, management, student services, and curriculum. Effective date: September 1, 2003. |
|
|
|
|
|
SB
573 HB
2241 |
Harris,
C. Arlington Paxton, Frisco |
Relating
to adoption of the Uniform Principal and Income Act. |
|
|
|
|
|
|
|
|
|
|
Summary: |
This
bill establishes the Uniform Principal and Income Act regarding trusts. Effective date: January 1, 2004. |
|
|
|
|
|
SB
575 HB
2240 |
Harris,
C. Arlington Paxton, Frisco |
Relating
to adoption of the Uniform Prudent Investor Act. |
|
|
|
|
|
|
Summary: |
This
bill establishes the Uniform Prudent Investor Act regarding trusts. Effective date: September 1, 2003. |
|
|
|
|
|
SB
599 HB
1111 |
West,
R. Dallas Corte, San
Antonio |
Relating
to investigation and testing, technical assistance, and certain other matters
related to indoor air quality in state buildings. |
|
|
|
|
|
|
Summary: |
This
bill defines a state building to include any building owned or occupied by
the state, including buildings or offices leased to the state for state
purposes. The bill transfers the
authority of the Building and Procurement Commission to investigate and test
indoor air quality in state buildings to the Texas Department of Health. The bill does allow the commission to
contract with a private entity to conduct any air monitoring that is related
to asbestos abatement services provided by the commission. The
bill also requires the State Office of Risk Management to conduct an annual,
one-day educational seminar on indoor air quality. The bill requires state agency risk managers, representatives
of entities with charge and control of state buildings, facility managers,
and owners and managers of buildings or offices leased to the state to attend
the seminar on an annual basis.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
609 HB
1941 HB
3351 |
Ellis,
R. Houston Woolley, Houston Davis,
J. Houston |
Relating
to authorizing the issuance of revenue bonds for the University of Texas
Health Science Center at Houston for recovery from Tropical Storm Allison. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Section 55.17321.
This bill would authorize the University of Texas System to issue
tuition revenue bonds in an amount not to exceed $34.9 million to cover
related infrastructure damage cause by Tropical Storm Allison. See SB 1420, Janek. Effective date: September 1, 2003. |
|
|
|
|
|
SB
611 |
Nelson, Flower
Mound |
Relating
to printing a social security number on an identification card or other
identification device. |
|
|
|
|
|
|
Summary: |
Amends
Business and Commerce Code by adding Section 35.58. This bill establishes a civil penalty in an amount not to
exceed $500 if a person displays an individual’s social security number on a
card or other device required to access a product or service provided by the
person. This section would not apply
to the collection, use, or release of a social security number required by
state or federal law, or the use of a social security number for internal
verification or administrative purposes.
Effective date: January 1,
2004. |
|
|
|
|
|
SB
620 |
Armbrister, Victoria |
Relating
to the funding of and the making of grants by the Council on Environmental
Technology. |
|
|
|
|
|
|
Summary: |
Amends
Health and Safety Code, Sections 387.002(b) and 387.005 by adding Subsection
(f). This bill would require a member
of the council who is an employee or owner of an entity that applies for a
grant under this chapter to disclose the fact of the member’s employment or ownership. The disclosure must be entered in the
minutes of the meeting. The member
may not vote or otherwise participate in the awarding of the grant. See HB 43, Chisum. Effective date: September 1, 2003. |
|
|
|
|
|
SB
626 |
Shapleigh, El
Paso |
Relating
to requirements for considering a financial institution for selection as a
depository of public funds. |
|
|
|
|
|
|
Summary: |
Amends
Finance Code by adding Chapter 278.
This bill defines state agency as any institution, agency, or organ of
state government established by the constitution or laws of the state. Prior to selecting a depository of public
funds, a public agency would be allowed to consider a financial institution
only if the financial institution submits certain information set forth in
the statute. The financial
institution would have to include information regarding deposits, loans for
home purchases or improvements, commercial loans, loans for small businesses,
evidence that the financial institution has not been assigned a rating below
“satisfactory record of meeting community credit needs” under 12 U.S.C.
Section 2906, and an itemized report covering the preceding calendar year
regarding reinvestment initiatives in the community, the total number and
amount of loans to small businesses, the business planning and loan
application assistance programs offered to customers, the total number of
employees, and the amount of charitable contributions. Effective date: September 1, 2003. |
|
|
|
|
|
SB
641 HB
1106 |
West,
R. Dallas Turner, Houston |
Relating
to presumption for state land records. |
|
|
|
|
|
|
Summary: |
This
bill allows that in a dispute involving littoral boundaries of state-owned
land, the documents, including maps and surveys, placed of record in the
archives of the General Land Office are presumed to accurately depict the
boundaries described in those documents.
The presumption applies only to those surveys conducted by a licensed
state land surveyor or county surveyor.
The presumption may be overcome only by a showing of clear and
convincing evidence that the boundary is erroneous. Effective date:
September 1, 2003. |
|
|
|
|
|
SB
647 HB
1586 |
Wentworth, San
Antonio Baxter, Austin |
Relating
to excepting from required public disclosure under the public informant law
the assessment of a utility’s vulnerability to intentional acts of harm. |
|
|
|
|
|
|
Summary: |
Amends
Government Code by adding Section 552.141.
The bill defines utility infrastructure or procedures to mean
infrastructure or procedures involved in the provision of water, wastewater,
electric, telecommunications, gas, or cable service, without regard to
whether the provider of the service is a governmental or nongovernmental
entity or considered to be a utility.
This bill would provide an exception to the Public Information Act for
information prepared or assembled by the governmental body for purposes of
assessing the vulnerability of utility infrastructure or procedures. Effective date: September 1, 2003. |
|
|
|
|
|
SB
648 HB
2410 |
Wentworth, San
Antonio Solomons, Carrollton |
Relating
to the regulation of the practice of professional engineering. |
|
|
|
|
|
|
Summary: |
This
bill amends the statutes relating to the Texas Board of Professional
Engineers and the composition of the board.
The bill also amends sections relating to the annual requirements for
continuing education and the authority of the board to issue advisory
opinions. Effective date: September 1, 2003. |
|
|
|
|
|
SB
650 |
Shapleigh, El
Paso |
Relating
to requiring state investment funds to post certain information on the
Internet. |
|
|
|
|
|
|
Summary: |
Amends
Government Code by adding Section 2054.114.
This bill defines state investment fund to include any investment fund
administered by or under a contract with any entity of state government,
including a fund established by statute or the Texas Constitution, or
administered by or under a contract with a public retirement system, an
institution of higher education, or any other entity that is part of state
government. Each entity of state
government would be required to post on a generally accessible Internet site
on or before the first day of each calendar quarter information regarding all
purchases and sales by or for the fund of domestic equity securities and
bonds by company, total amount of shares traded, total commission paid, and
the ratio of the amount of the commissions to the number of shares; the
fund’s investment managers, custodians, consultants, lending agents, and
other ancillary consultants by company name, average fund assets under
management, fees paid by the fund, and average basis points that fees paid by
the fund represent in relation to the average assets of the fund under
management; and the dollar amount of fees, commissions, and other amounts
paid in connection with the administration of the fund. This information would be required to be
provided by the race, ethnicity, and gender of the controlling ownership of
each business, the principal place of business of each business, and the
status of each business as a HUB.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
653 HB
1587 |
Wentworth, San
Antonio Baxter, Austin |
Relating
to the charges that may be imposed under the public information law for
providing a copy of public information. |
|
|
|
|
|
|
Summary: |
Amends
Government Code, Sections 552.261(a), 552.2615(b), and 552.269. This bill amends the section for requests
for information that are for fifty or fewer pages to now include the charge
for each page of paper of record to be photocopied. A request is not considered withdrawn if the requester sends to
the Building and Procurement Commission a complaint alleging that the
requestor has been overcharged for being provided with a copy of the public
information. Effective date: September 1, 2003. |
|
|
|
|
|
SB
659 |
Brimer, Tarrant |
Relating
to the creation of the economic development coordinator; the abolition of the
Texas Department of Economic Development and the transfer of its functions to
the economic development coordinator; and to the establishment of economic
and business development programs to be administered by the economic
development coordinator. |
|
|
|
|
|
|
Summary: |
This
bill would transfer the functions of the Texas Department of Economic
Development to the economic development coordinator. The position would be established as a
position in the office of the Governor, but this position would be subject to
the Sunset provisions. See SB 275,
Nelson, HB 1233, Solomons, and HB 3472, Keffer, J. Effective date:
September 1, 2003. |
|
|
|
|
|
SB
665 |
Ogden, College
Station |
Relating
to the authority of certain institutions of higher education to charge
tuition and student fees. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Section 54.0031.
This bill would prohibit a general academic teaching institution from
imposing, charging, or collecting tuition or fees authorized in Chapter 54
from any student enrolled at the institution for a term or semester than
begins on or after September 1, 2005.
The bill would not apply to fees or charges for programs other than
academic programs such as charges for housing or food service or for
attendance at athletic or cultural events.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
666 |
Ogden, College
Station |
Relating
to the establishment of the matching excellence fund to promote research and
develop excellence at certain institutions of higher education and to the
abolition of the Texas excellence fund the university research fund. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Sections 51.451—51.457; amends Section 62.025(a) and
(c); repeals Sections 62.025(d) and (c); Chapter 62, Subchapters (c) and
(d). This bill would repeal the Texas
excellence and the University research funds established in 2001. The bill would establish a matching
excellence fund to provide funding to promote increased research capacity and
to develop institutional excellence at general academic teaching
institutions. The bill would apply to
all general academic teaching institutions.
The fund would be administered by the Coordinating Board that would be
required to distribute money from the matching excellence fund to each
general academic teaching institution in an amount equal to the total amount
of money received by the institution in the preceding state fiscal year from
private or federal sources to support educational or research activities in
the institution. If the funds are insufficient
to cover the full amount, the Coordinating Board would be required to prorate
the amount. An institution would be
allowed to spend the money only for the support and maintenance of
educational general activities, including research and student services, that
promote increased research or develop institutional excellence at the
institution. Each institution would
be required to file an annual report regarding the expenditures of the
funds. Effective date: September 1, 2003. |
|
|
|
|
|
SB
674 HB
1505 |
Estes, Wichita
Falls Moreno,
P. El
Paso |
Relating
to compensatory time off for certain persons who are employed by the state as
peace officers. |
|
|
|
|
|
|
Summary: |
This
bill would allow a peace officer commissioned by a state officer or a state
agency listed under Article 2.12, Code of Criminal Procedures, to be entitled
to compensatory time off when the officer is required to work on a national
or state holiday that falls on a Saturday or Sunday. Effective date: September 1, 2003. |
|
|
|
|
|
SB
684 |
Janek, Harris |
Relating
to an exemption from ad valorem taxation of property owned by the state or a
political subdivision. |
|
|
|
|
|
|
Summary: |
Current
law requires that property owned by a state agency or institution be subject
to ad valorem taxation if the property is rented or leased for compensation
to a private business enterprise that uses it for a purpose not related to
the performance of the duties or functions of the state agency or
institution. This bill would expand
this requirement to land owned by a political subdivision. The bill would also amend the statutes to
state that property owned by a state agency or institution or political
subdivision that is being used for public purposes, if it is leased to an
organization which uses the property in a manner to qualify for an exemption
under Section 11.8 or 11.20, then the property shall remain tax exempt. Effective date: September 1, 2003. |
|
|
|
|
|
SB
691 |
Madla, San
Antonio |
Relating
to reimbursement for telemedicine medical services under the Medicaid program
and other government-funded programs. |
|
|
|
|
|
|
Summary: |
This
bill would require the Health and Human Services Commission to periodically
review the policies regarding reimbursement under the Medicaid program for
telemedicine medical services to identify variations between permissible
reimbursements under that program and reimbursements available to providers
under the Medicare. The bill requires
the commission to modify the rules and procedures applicable to
reimbursements under the Medicaid program to provide for a reimbursement
system that is comparable to the reimbursement system for services provided
under the Medicaid program. Effective
date: September 1, 2003. |
|
|
|
|
|
SB
722 HB
2977 |
Van
de Putte, San
Antonio Chavez, El
Paso |
Relating
to a program to provide incentives for certain persons to earn doctorate
degrees and enter the faculty and administration of institutions of higher
education. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Sections 56.091—56.096. This bill would require the Coordinating Board to establish and
administer the doctoral incentive program which would be a loan or loan
guarantee program for eligible participants.
To be eligible for the program, a student must be from a group that is
underrepresented among the faculty and administration of public and
independent institutions of higher education in this state. An individual must satisfy at least two of
the following criteria: be from a low
socioeconomic background, be a first generation student to obtain a
baccalaureate degree, attended a high school in an area where a high school drop-out
rate is significantly greater than the state average, or have graduated from
a high school with a disproportionately low number of high school graduates
enrolled in higher education. The
student must have been accepted to a doctoral program approved by the
Coordinating Board, be a Texas resident, and be from a group that is
underrepresented among the faculty and administration. The student would apply to the
Coordinating Board for the loan guarantee or for the loan. The loan would either be suspended or
forgiven if the recipient is employed as a full-time faculty member or
academic administrator at a public or independent institution of higher
education. The Coordinating Board
would be allowed to accept appropriations, gifts, or grants from any public
or private source to fund this program.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
723 HB
1890 |
Williams, The
Woodlands Morrison, Victoria |
Relating
to tuition rebated to certain undergraduate students who graduate from an
institution of higher education without excessive semester credit hours. |
|
|
|
|
|
|
Summary: |
Amends
Education Code, Section 54.0065(a).
Current law counts transfer credits and course credit earned
exclusively by examination in the number of hours attempted when determining
if a student is eligible for the $1,000 rebate of undergraduate tuition. This bill would limit the number of hours
attempted for course credit earned exclusively by examination to the number
of hours in excess of nine semester credit hours. Effective date: September
1, 2003. |
|
|
|
|
|
SB
728 |
Staples, Palestine |
Relating
to the benefits provided to the survivors of certain public employees killed
in the line of duty. |
|
|
|
|
|
|
Summary: |
The
current requirement for benefits to be provided to survivors of public
employees killed in the line of duty requires proof that the death was a
result of exposure to a risk that is inherent in the line of duty or to which
the general public is not customarily exposed. This bill’s new language would only require that the death was
as a result of a personal injury sustained in the line of duty. The bill does provide a definition for
line of duty and occupational death.
See HB 959, Allen. Effective
date: September 1, 2003. |
|
|
|
|
|
SB
750 |
Madla, San
Antonio |
Relating
to the requirement that governmental public notices be published in
Spanish-language newspapers. |
|
|
|
|
|
|
Summary: |
Amends
Government Code by adding Chapter 560.
This bill defines public notice as any notice that must be provided to
the general public under the Open Meetings Act or the Election Code by a
state agency or a political subdivision.
A state agency would be required to publish a public notice in Spanish
in a Spanish-language newspaper of general circulation in each county in
which the agency is required to publish the public notice, where more than
fifty percent of the population is of Hispanic origin, and there is a
Spanish-language newspaper of general circulation. Notice required under this new section is in addition to notice
required by other law. Effective
date: September 1, 2003. |
|
|
|
|
|
|
|
|
|
SB
754 |
West,
R. Dallas |
Relating
to the creation of higher education enhancement districts. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Chapter 159.
This bill defines regional university to mean any general academic
teaching institution, other than Texas A&M University and the University
of Texas at Austin, or a system center of a general academic teaching
institution that by statute is authorized to operate as a general academic
teaching institution after reaching specified student enrollment goals. Service territory is defined as a
geographical area established by the Coordinating Board. The purpose of this new chapter is to
enable a regional university and the community served by the university,
through the creation of higher education enhancement districts, to elect to
provide local funding to supplement endowment and scholarship funds at the
university and to otherwise enhance the quality of education provided by the
university. The Coordinating Board
would be required to establish a service territory for each regional
university, hold a public hearing regarding the establishment of a higher
education enhancement district and make findings regarding the best interest
of the voters of the counties included in the territory as to whether or not
they should have an opportunity to authorize the creation of the district and
the imposition of a sales and use tax or a property tax. The requirements for the election to be
held to establish the district are set forth in the bill. Each district would be governed by a board
of five supervisors elected at a uniform election date in May of each year
and serve staggered terms of two years. If
approved by the voters at the election creating the district, the board of
supervisors would be allowed to set a sales tax rate not to exceed any of the
following: (1) one-half of one
percent of taxable receipts; (2) the rate that, if applied to the total
taxable receipts in the territory constituting the district for the most
recent four calendar quarters for which information is available, would
generate $30 million in taxes for each regional university in the district;
or (3) the rate that, if applied to the total taxable receipts for the most
recent four calendar quarters for which the information is available, would
create $60 in taxes for each semester credit hour used by the LBB for the
most recent biennium to establish the base level of appropriations funding
for the regional university. If
approved by the voters at the election authorizing the creation of the
district, the district may impose and collect a property tax. The board of supervisors would be required
to set the rate in an amount not to exceed the rate that would generate the
lesser of $30 million in taxes or $60 in taxes for each semester credit hour
used by the LBB for the most recent biennium to establish the base level of
appropriations for the regional university. Each
regional university shall use revenue received from the tax in the following
manner: one-third of the revenue
shall be used to provide scholarships to students who reside in the district,
one-third of the revenue shall be deposited in one or more of the
university’s endowment funds to support educational or research activities of
the university, and one-third of the revenue shall be used by the university
for the purposes approved by the university’s governing board, other than
funding endowments or providing scholarships. The
bill does establish the higher education enhancement fund in the treasury to
be administered by the Coordinating Board to provide grants to regional
universities to cover all or part of the initial costs of creating a higher
education enhancement district. The
grant could not exceed $2,500.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
762 HB
2243 |
Lindsay, Houston Smith,
W. Baytown |
Relating
to the application of the open meetings law and the public information law to
meetings and information regarding certain security plans of a municipal
hospital, a hospital district, or a health department. |
|
|
|
|
|
|
Summary: |
Amends
Government Code, by adding Sections 551.090 and 552.145. The governing board of a municipal
hospital or a hospital district may not be required to conduct an open
meeting to deliberate the details, or specific occasions for implementation,
of a security plan for the protection of hospital facilities or operations
from an act of terrorism. The
bill also creates an exception to the Public Information Act for information
that relates to a security plan of a municipal hospital, a hospital district,
or a municipal or county health department for the protection of health care
facilities or operations from an act of terrorism. Effective date: |
|
|
|
|
|
SB
763 |
Lindsay, Houston |
Relating
to the application of open meetings law and the public information law to
certain meetings and information regarding plans for responding to an act of
terrorism. |
|
|
|
|
|
|
Summary: |
Amends
Government Code by adding Sections 551.090 and 552.021. This bill would create an exception to the
Open Meetings Act and the Public Information act for meetings or information
relating to a plan of a municipality or county for responding to an act of
terrorism or information regarding emergency management or emergency
responses. Effective date: September 1, 2003. |
|
|
|
|
|
SB
766 HB
511 |
Van
de Putte, San
Antonio Castro, San
Antonio |
Relating
to a pilot program to monitor the postsecondary educational plans of seniors
at certain public high schools. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Section 7.027.
This new section would require the Texas Education Agency to establish
a postsecondary education survey pilot program to survey high school seniors
on whether they are planning to attend, have been accepted for admission, and
the name of the postsecondary educational institution, if applicable. The agency would be required to compile a
comprehensive annual report. The
agency would be required to select five noncharter high schools located in a
municipality that has at least ten independent school districts. Effective date: September 1, 2003. |
|
|
|
|
|
SB
775 HB
1627 HB
1720 |
Averitt, Waco Keffer,
J. Eastland Baxter, Austin |
Relating
to the use of TexasOnline by state agencies. |
|
|
|
|
|
|
Summary: |
This
bill would require state agencies that use TexasOnline to assist in marketing
efforts regarding the use of the project and that each state agency that
maintains a generally accessible Internet site and uses TexasOnline shall
include a link to the TexasOnline on the front pages of the site. Effective date: September 1, 2003. |
|
|
|
|
|
SB
787 HB
2495 |
Carona, Dallas Branch, Dallas |
Relating
to the deadline for passing the examination for a license to practice
medicine in the state. |
|
|
|
|
|
|
Summary: |
This
bill would extend the time that an applicant for a license to practice
medicine in this state would have to pass the examination. Current law requires that an applicant
passes the exam within seven years and this amendment would expand that time
to ten years. Current
law requires an applicant who is a graduate of a program designed to lead to
both a doctor of philosophy degree and a doctor of medicine degree or doctor
of osteopathy degree to complete the exam not later than the second
anniversary after the doctor of medicine or doctor of osteopathy degree was
awarded. This bill would expand the
time to not later than the second anniversary after the date that the
applicant completed the graduate medical training required. Effective date: September 1, 2003. |
|
|
|
|
|
SB
788 |
Carona, Dallas |
Relating
to the eligibility of certain graduates of foreign medical schools for a
license to practice medicine. |
|
|
|
|
|
|
Summary: |
This
bill would add a new class of individuals eligible for a medical license in
this state. The applicant must have
graduated from a medical school located outside the United States and Canada
and the curriculum must meet the requirements for an unapproved medical
school as determined by the Coordinating Board and the applicant must hold a
valid certificate issued by the Educational Commission for Foreign Medical
Graduates, be fully trained in and practices a subspecialty of medicine under
an unrestricted license to practice medicine in the country in which the
applicant resides, have successfully completed at least one year of an
approved fellowship accredited by the ACGME and passed the Texas medical
jurisprudence examination. Effective
date: September 1, 2003. |
|
|
|
|
|
SB
798 HB
1442 |
Brimer, Tarrant Goolsby, Dallas |
Relating
to the imposition of a surcharge for use of a credit card. |
|
|
|
|
|
|
Summary: |
This
bill would prohibit a seller from imposing an unposted surcharge on a buyer
who uses a credit card. Effective
date: September 1, 2003. |
|
|
|
|
|
|
|
|
|
SB
800 |
Madla, San
Antonio |
Relating
to the establishment of Texas A&M University-San Antonio. |
|
|
|
|
|
|
Summary: |
Amends
Education Code by adding Section 87.841.
This bill establishes Texas A&M University—San Antonio as a
general academic teaching institution. The institution cannot operate as a
free-standing institution until the Coordinating Board certifies that the
enrollment of the center has reached enrollment equivalent of 2,500 full-time
students for one semester. Effective
date: September 1, 2003. |
|
|
|
|
|
SB 814 |
Averitt, Waco |
Relating
to an exemption for certain military personnel and veterans from the
requirement of the Texas Academic Skills Program. |
|
|
|
|
|
|
Summary: |
Amends
Education Code, Section 51.306(r).
This bill would exempt individuals who are serving in active duty with
the Texas National Guard; students who are currently serving and for at least
the last three-year period preceding enrollment, has been a member of the
reserve component of the armed forces of the United States; or students who
on or after August 1, 1990, were honorably discharged, retired, or released
from active duty as a member of the armed forces of the United States or the
Texas National Guard or service as a member of a reserve component of the
armed forces of the United States from the requirements regarding the
TASP. Effective date: September 1, 2003. |
|
|
|
|
|
SB
816 |
Van
de Putte, San
Antonio |
Relating
to the payment of retirement benefits to certain retirees of the Teacher
Retirement System who are employed as faculty members at a college of
education. |
|
|
|
|
|
|
Summary: |
Amends
Government Code, Section 824.602(a).
This bill would prohibit the Teacher Retirement System from
withholding a monthly benefit payment to a retiree who is employed in a
position as a member of the faculty of a college of education within an
institution if the retiree has retired without reduction for retirement at an
early age. Effective date: September 1, 2003. |
|
|
|
|
|
SB
817 HB
3224 |
Fraser, Marble
Falls Moreno, El
Paso |
Relating
to participation by certain county officers, employees and retired officers
and employees and their dependents in the state employees group benefits
program. |
|
|
|
|
|
|
Summary: |
This
bill would authorize counties with a population of less than 250,000 for
their officers, employees, and retired officers and employees and their
dependents to participate in the uniform group insurance program administered
by the Employees Retirement System.
The group insurance program would not be required to make the coverage
available until September 1, 2004. Effective date: September 1, 2003. |
|
|
|
|
|
SB
830 HB
529 |
Deuell, Greenville Brown,
B. Terrell |
Relating
to the ineligibility of a delinquent child support obligor to receive
state-funded or state-administered student financial assistance. |
|
|
|
|
|
|
Summary: |
These
amendments would prohibit an individual who is a child support obligor who is
more than thirty days delinquent in paying child support from receiving a scholarship,
a loan associated with an educational loan repayment conditioned on the
performance of some service obligation after graduation, or a federally
funded educational loan that is administered by the state. Effective date: September 1, 2003. |
|
|
|
|
|
SB
833 |
Williams, The
Woodlands |
Relating
to including alumni associations and related in-campus organizations in the
Charitable Immunity and Liability Act. |
|
|
|
|
|
|
Summary: |
Amends
Civil Practice and Remedies Code, Section 84.003(1). This bill would include alumni
associations and related on-campus organizations in the definition of
charitable organizations for purposes of the Charitable Immunity and
Liability Act. Effective date: September 1, 2003. |
|
|
|
|
|
SB
839 HB
3444 |
Duncan, Lubbock Hughes, Mineola |
Relating
to gas transportation service for a state agency. |
|
|
|
|
|
|
Summary: |
Amends
Utilities Code, Section 104.251. This
bill would prohibit a gas utility from requiring, as a condition for
providing transportation services for a state agency, a different level of
service, instrumentalities, or facilities than the utility normally
provides. Effective date: September 1, 2003. |
|
|
|
|
|
|
|
|
|
SB
847 |
Barrientos, Austin |
Relating
to certain state agencies maintaining automated external defibrillators on
the premises. |
|
|
|
|
|
|
Summary: |
Amends
Health and Safety Code by adding Section 779.009. This bill defines state agency to exclude a university system
or institution of higher education.
The bill would require a state agency as defined to make available an
automated external defibrillator at each location at which the agency has one
hundred or more full-time equivalent employees. Effective date:
September 1, 2003. |
|
|
|
|
|
SB
848 |
Barrientos, Austin |
Relating
to the benefits provided to certain firefighters and peace officers or their
eligible survivors as a result of a disability or death from certain causes. |
|
|
|
|
|
|
Summary: |
The
bill defines peace officer as an individual elected, appointed, or employed
to serve as a peace officer for the state or a political subdivision of this
state under Article 2.12, Code of Criminal Procedure. This bill establishes a rebuttable
presumption that a firefighter or peace officer who is employed full-time by
the state for at least ten years and becomes disabled or dies as a result of
hypertension or heart disease did so in the line of duty. Thus, the officer or his survivor would be
eligible for benefits. The
presumption could only be rebutted by clear and convincing evidence. Effective date: September 1, 2003 |
|
|
|
|
|
SB
858 |
Madla, San
Antonio |
Relating
to creating the rural physician relief program. |
|
|
|
|
|
|
Summary: |
This
bill authorizes the Office of Rural Community Affairs to establish a rural
physician relief program for physicians practicing in counties with a
population less than 50,000 or a medically underserved area. The program would be supported by fees
paid by rural physicians to participate in the program and gifts, grants,
donations, or contributions. The
program would have an advisory committee that would include a representative
from a Texas medical school, a program director from an accredited primary
care residency program, a representative from the Coordinating Board, and at
least three other physicians practicing in rural counties. The bill has
several other amendments that are cleanup amendments moving rural heath care
programs to the Office of Rural Community Affairs. See HB 1877, Hartnett.
Effective date: September 1,
2003. |
|
|
|
|
|
SB
869 |
Shapiro, Addison |
Relating
to homeland security. |
|
|
|
|
|
|
Summary: |
This
bill defines agency as any governmental entity. The bill also defines critical infrastructure to include all
public or private assets, systems, and functions vital to the security,
governance, public health and safety, economy, or moral of the state. The bill directs the Governor to develop a
statewide homeland security strategy that improves the state’s ability to
detect and deter threats to the homeland security, respond to homeland
security emergencies, and recover from homeland security emergencies. The bill establishes the Critical
Infrastructure Protection Council that consists of twenty appointed or
elected officers of state government.
None representing higher education are included. The council is required to advise the
Governor on the development and coordination of a statewide critical
infrastructure protection strategy, the implementation of the Governor’s
homeland security strategy and other measures relating to the planning,
development, coordination, and implementation of initiatives to promote the
Governor’s homeland security strategy.
See HB 9, Flores. Effective
date: September 1, 2003. |
|
|
|
|
|
SB
872 |
Wentworth, San
Antonio |
Relating
to the application of the open meetings law and the public information law to
meetings and information regarding certain plans, including emergency
prevention or response plans and engineering or architectural plans. |
|
|
|
|
|
|
Summary: |
Amends
Government Code by adding Sections 551.091, 551.092, 552.146, and
552.147. This bill creates new
exceptions to the open meetings law for meetings when the governmental body
deliberates tactical, security, or emergency procedures in a plan for
preventing or responding to an act of terrorism. Another exception would allow a closed meeting when the
governmental body deliberates an engineering, architectural, or similar plan
or drawing that, if released, would jeopardize the health or safety of an
individual or the security of a system, a facility, or equipment. The
bill creates new exceptions to the Public Information Act for information
regarding emergency prevention or response plans and for certain engineering,
architectural, or similar plans. The public information exceptions track the
open meetings exceptions. Effective
date: September 1, 2003. |
|
|
|
|
|
SB
875 |
Duncan, Lubbock |
Relating
to establishing uniform minimum ethics requirements for persons involved in
the management or investment of state funds. |
|
|
|
|