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.