TEXAS TECH BILL BRIEFS – 2003

78^th 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.