TEXAS TECH BILL BRIEFS – 2005

 

79th Regular Session – April 8, 2005

 

 

 Bill No.

Sponsor

Caption – HOUSE BILLS

 

 

 

HB 1

 

SB 1

Pitts,

Waxahachie

Ogden,

College Station

Relating to the General Appropriations Bill.

 

 

 

HB 3

Keffer,

Eastland

Relating to property tax relief and protection of taxpayers, taxes and fees, and other matters relating to the financing of public schools.

 

 

 

 

Summary:

 

 

 

 

HB 7

 

SB 400

Solomons,

Carrollton

Nelson,

Flower Mound

Relating to the continuation and operation of the workers’ compensation system of this state and to the abolition of the Texas Workers’ Compensation Commission, the establishment of the office of employee assistance, and the transfer of the powers and duties of the Texas Workers’ Compensation Commission to the Texas Department of Insurance, the Texas Workforce Commission, and the office of employee assistance; providing administrative violations.

 

 

 

 

Summary:

 

 

 

 

HB 10

 

SB 1607

Pitts,

Waxahachie

Ogden,

College Station

Relating to making supplemental appropriations and reductions in appropriations.

 

 

 

 

Summary:

This bill contains the supplemental appropriations and reductions in appropriations for fiscal years 2004 and 2005.  The bill includes an additional appropriation in the amount of $31.8 million to the Department of Criminal Justice for correctional managed health care.  Effective date:

 

 

 

HB 19

Brown, F.

Bryan

Relating to tuition and fee rebates for timely completion of degree programs offered by general academic teaching institutions.

 

 

 

 

Summary:

Amends Education Code by adding Section 54.0061.  This new section would entitle a student to a rebate of the amount of undergraduate tuition and compulsory fees, as defined, if the student enrolls as a first-time freshman in the first fall semester following the student’s graduation from high school, remains continuously enrolled, is entitled to pay resident tuition and fees, and is awarded a baccalaureate degree from the institution and completes the degree within four years of the date the student first enrolled for four-year degree programs or within the time period established by the institution for the degree program.  The amount of the rebate would be the difference between the total amount of tuition and compulsory fees actually paid by the student while enrolled and the total amount the student would have paid during the period if the student paid tuition at the rate and compulsory fees in the total amount in effect for the first full semester the student was enrolled at the institution.  The institution is directed to pay the rebates from local funds.  The legislature is directed to account for the rebates in the General Appropriations Act by increasing the amount of general revenue funds appropriated to the institution that pays the rebate.  A student would also be eligible to receive the $1,000 rebate if the student qualifies.  Transfer students would be eligible for this new rebate if they provide sufficient evidence to the institution to verify the student’s eligibility.

 

The institution is directed to apply the rebate to any outstanding loan that the student owes at the time of graduation.  The Coordinating Board is required to adopt rules to administer this section and to make provisions for hardship or other good cause regarding the requirement for continuous enrollment.

 

This section would not apply to a student who enters a general academic teaching institution for the first time before the 2005 summer session.  Effective date:  September 1, 2005.

 

 

 

HB 20

Brown, F.

Bryan

Relating to a pilot program to provide for reduced undergraduate tuition during a summer term or session at Texas A&M University.

 

 

 

 

 

 

 

Summary:

Amends Education Code by adding Section 54.0516.  This will would require Texas A&M University to reduce state tuition to one-half of the amount required by statute and would limit the amount of designated tuition to an amount equal to one-half of  state tuition for the summer terms of 2006 and 2007.  This section expires January 1, 2008.

 

This section would only apply if the legislature specifically appropriates money to Texas A&M University for the state fiscal biennium to cover the tuition revenue lost to the institution.  Effective date:  September 1, 2005.

 

 

 

HB 22

Brown, F.

Bryan

Relating to the disposition of state agency surplus or salvage property.

 

 

 

 

Summary:

Amends Government Code, Sections 2175.001(1), 2175.241, 2175.242(a), and 2175.304.  This bill expands the definition of assistance organization to include a nonprofit organization that provides affordable housing.  The bill would authorize a state agency to dispose of surplus or salvage property that cannot otherwise be sold or disposed by giving it to an assistance organization.

 

The amendment also authorizes a university system or institution or agency of higher education to donate to an assistance organization any surplus or salvage property that is not donated to a public school or school district and has no resale value.  Effective date:  September 1, 2005.

 

 

 

HB 26

Delisi,

Temple

Relating to an electronic database of major state contracts and related documents.

 

 

 

 

Summary:

Amends Government Code, Sections 2177.0001 and 2177.001 and adds Section 2177.052.  This new section would require each state agency, excluding university systems and institutions of higher education, to furnish to the Building and Procurement Commission specified information regarding major contracts, which is defined as those exceeding $5 million in value.  The information required would include a copy of each major contract and each request for proposal, invitation to bid, or comparable solicitation related to the major contract.  The Department of Information Resources would be required to post the information on the electronic commerce network.  This information would be available to Texas governmental entities, including legislative entities.  Certain portions of the information would be available to the general public.  Effective date:  September 1, 2005.

 

 

 

HB 37

Eiland,

Galveston

Relating to the automatic admission of undergraduate students to a general academic teaching institution that is a component institution of a university system.

 

 

 

 

Summary:

Amends Education Code, Section 51.803.  This amendment would authorize the governing board of a university system to adopt an admission policy regarding admission of students qualifying for the top 10% automatic admission.  A student would be able to apply to one or more of the system component general academic teaching institutions and the eligible applicant could list in order the preference of the general academic teaching institutions in the system to which the applicant prefers to be admitted.  The system would be required to make reasonable effort to offer an applicant admission to the applicant’s highest preference possible consistent with the enrollment needs of the system.  Effective date:  September 1, 2005.

 

 

 

HB 40

Eiland,

Galveston

Relating to tuition assistance granted to certain members of state military forces attending public or private institutions of higher education.

 

 

 

 

Summary:

Amends Government Code, Sections 431.090(d) and (f); Education Code, Section 54.2155(a).  These amendments would authorize the adjutant general to give priority for tuition assistance to members of the Texas Army National Guard, Texas Air National Guard, or the Texas State Guard, who have been called to federal active duty during a national emergency, as defined by rule of the adjutant general.  The amendments require that eligible persons receive priority for the full amount of the award available for that semester.  The amendment limits the amount of tuition assistance for a period equal to one academic year for each calendar year or part of a calendar year of the person’s service in the state military forces, except that a person may not receive tuition assistance for more than fifteen semester credit hours in any semester or more than five academic years or ten semesters.  Currently, there is a limit for twelve semester credit hours per semester.  Effective date:  September 1, 2005.

 

 

 

HB 45

 

SB 219

Grusendorf,

Arlington

Carona,

Dallas

Relating to notaries public.

 

 

 

 

Summary:

This bill would require that an individual complete an educational course and pass a test prior to qualifying for appointment or reappointment as a notary.  The bill increases the fees that a notary is authorized to charge for certain acts and prohibits a notary from charging fees for certain individuals.  Effective date:  September 1, 2005.

 

 

 

HB 64

McClendon,

San Antonio

Relating to the automatic admission to public institutions of higher education of certain undergraduate transfer students.

 

 

 

 

Summary:

Amends Education Code, Section 51.801 and adds Section 51.8065.  This new section would require a general academic teaching institution to admit an applicant to the institution as an undergraduate transfer student if in the year preceding the academic year for which the student in applying the applicant received a degree or certificate from a public junior college or public technical institute in a program requiring at least forty-two semester credit hours in the core curriculum and completed with a cumulative grade point average of at least a 3.0 on a four-point scale or the equivalent.  The amendment authorizes the institution to determine whether an applicant requires additional preparation for college-level work.  Admission to a specific general academic teaching institution is contingent on the availability of space within the institution and admission to a particular program or school is based solely on the requirements of the institution.

 

This section would not apply to a public upper-level institution or an institution who has admitted at least fifty percent of the spaces available under the top 10% rule.  This would apply to admissions for the 2006 fall semester.  Effective date:  September 1, 2005.

 

 

 

HB 97

 

SB 1302

West, B.

Odessa

Seliger,

Amarillo

Relating to the Ector County Hospital District.

 

 

 

 

Summary:

This bill would authorize a director of the hospital district to purchase an appropriate insurance policy that names the district as its sole beneficiary instead of purchasing a fiduciary bond.  The bill also amends the section requiring competitive bidding for construction projects.  The bill also adds a new section clearly stating that nothing in the act may be construed to waive sovereign or governmental immunity.  Effective date:  September 1, 2005.

 

 

 

HB 120

Dawson,

Pearland

Relating to the creation of a donor education, awareness, and registry program and the establishment of an organ donor and tissue council.

 

 

 

 

Summary:

These amendments would authorize an individual to designate on the individual’s driver’s license or personal identification certificate the intention of the individual to be a donor with respect to an organ, tissue, or eye donation.  The bill requires the Department of Public Safety to establish the Donor Education, Awareness, and Registry Program of Texas.  The department is directed to enter into an agreement with the Living Bank International or other organization selected by the public service director under a competitive proposal process for the establishment and maintenance of a statewide Internet-based registry of organ, tissue, and eye donors.  The department is also directed to establish the Texas Organ, Tissue, and Eye Donor Council.  The council would be comprised of the executive commissioner of the Health and Services Commission, a representative of DPS, a representative of the Texas Department of Transportation, and eight members appointed by the Governor.  The duties of the council are to advise the public safety director of the need for and efforts to increase the number of resident donors, increase the number of transplants performed, and decrease the difference between the number of donors and the number of candidates on the waiting list.  The council shall also establish and prioritize the initiatives to implement the donor education, awareness, and registry program.  See SB 24, Zaffirini and HB 292, McClendon.  Effective date:

 

 

 

HB 123

Naishtat,

Austin

Relating to a feasibility study regarding required forensic medical examination instruction for students enrolled in certain medical or nursing degree programs.

 

 

 

 

Summary:

Amends Education Code by adding Section 61.0814.  This bill requires the Coordinating Board to conduct a study to evaluate the feasibility of requiring an 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 as a registered nurse to require a student to complete basic instruction regarding medical examination practices and issues regarding sexual assault.  The study must be completed and delivered to the legislature on or before December 31, 2006.  Effective date:  September 1, 2005.

 

 

 

HB 130

 

SB 111

Smith, T.

Bedford

Shapleigh,

EL Paso

Relating to undergraduate course credit granted by certain public institutions of higher education for completion of the international baccalaureate diploma program.

 

 

 

 

Summary:

Amends Education Code by adding Section 51.968.  This bill would require the governing board of each institution of higher education to adopt a policy to grant undergraduate course credit to entering freshman students who have successfully completed the international baccalaureate diploma program.  Each institution would be required to grant at least 24 semester credit hours or the equivalent in appropriate subject areas to an entering freshman student.  The institution would be allowed to grant fewer than 24 semester credit hours if the student received a score of less than four on an examination administered as part of the diploma program.  The governing board would be required to report to the Coordinating Board the policy adopted and to make the policy available on the institution’s Internet site.  Effective date:  September 1, 2005.

 

 

 

HB 133

Brown, F.

Bryan

Relating to the award of academic credit to a student at an institution of higher education for the completion of certain military training.

 

 

 

 

Summary:

Amends Education Code by adding Section 51.3041.  This bill requires an institution of higher education to review a student’s completion of certain military training to determine whether to award a student course credit toward a degree if the course satisfies the substance of the course for which the student seeks credit as described in the institution’s course catalog.  Effective date:  September 1, 2005.

 

 

 

HB 138

Hopson,

Jacksonville

Relating to the amount of hazardous duty pay for certain state employees.

 

 

 

 

Summary:

Amends Government Code, Sections 659.305(a)-(c).  This bill increases the amount of hazardous duty pay for particular state employees.  Effective date:  September 1, 2005.

 

 

 

HB 143

Farrar,

Houston

Relating to the prohibition of employment discrimination on the basis of sexual orientation or gender identity.

 

 

 

 

Summary:

Amends Labor Code by adding Chapter 23.  This bill would prohibit an employer from subjecting an individual to different standards or treatment on the basis of sexual orientation or gender identity or the sexual orientation or gender identity of persons with whom the individual is believed to associate or to have associated.  The bill prohibits retaliation or coercion.  The bill prohibits quotas and preferential treatment to an individual on the basis of sexual orientation or gender identity.  For the state or a political subdivision of the state that is liable for a violation under this new chapter, sovereign immunity is waived and abolished to the extent of liability under this chapter.  Effective date:  September 1, 2005.

 

 

 

HB 153

Brown, F.

Bryan

Relating to certain requirements for construction contracts with governmental entities.

 

 

 

 

 

 

 

Summary:

Amends Labor Code, Section 406.096.  This bill would authorize a contractor with a governmental entity to provide either workers’ compensation insurance coverage or other coverage with benefits for personal injuries or death in the amount specified in this section.  Effective date:  September 1, 2005.

 

 

 

HB 154

Brown, F.

Bryan

Relating to requiring institutions of higher education to report potential savings through contracting with local governments.

 

 

 

 

Summary:

Amends Education Code by adding Section 51.953.  This bill would require the governing board of an institution of higher education to submit a report to the Legislative Budget Board that identifies support services and functions, including physical plant operation and maintenance, that the institution performs using its own staff and resources and that could be performed by the municipality, county, or other local government in which the institution is located; comparing the cost to the institution and the cost the institution would incur by contracting with the local government; and identifies those local governments willing to consider contracting to provide those services or functions for the institution.  This bill requires the Coordinating Board to adopt rules for the administration of this new section.  Effective date:  September 1, 2005.

 

 

 

HB 180

Escobar, Juan

Kingsville

Relating to appropriations to the Texas A&M University System and to Texas A&M University-Kingsville in connection with the Irma Rangel School of Pharmacy.

 

 

 

 

Summary:

This bill would authorize an appropriation to the Texas A&M University System in the amount of $3 million out of the general revenue fund for the fiscal biennium ending August 31, 2005 to reimburse the system for the start-up cost of the Irma Rangel School of Pharmacy.  The bill would authorize the appropriation of $6,535,500 out of the general revenue fund for the state fiscal year ending August 31, 2006, and the amount of $6,520,625 out of the general revenue fund to Texas A&M University—Kingsville for the operational, instructional, and infrastructure support cost for the school.  Effective date:

 

 

 

HB 210

Solomons,

Carrollton

Relating to the regulation of certain telemarketing calls.

 

 

 

 

Summary:

These amendments impact who the Public Utility Commission may contract with for the maintenance of the Texas no-call list.  The amendments add Texas residents on the national do-not-call registry to the Texas no-call list.  The amendments also expand the exception to the Public Information Act to provide protection to information on the national do-not-call registry received in Texas.  Effective date:  September 1, 2005.

 

 

 

HB 212

Guillen,

Rio Grande City

Relating to health care practitioner information provided to a health care facility.

 

 

 

 

Summary:

These amendments would require a health care practitioner, as defined, to provide to a health care facility that employs the practitioner authorization of the state health care regulatory agency that issued the practitioner’s license, certificate, or registration to release information and the practitioner’s previous employer to release information to the new employing health care facility.  Effective date:  September 1, 2005.

 

 

 

HB 223

 

SB 121

Gattis,

Georgetown

Duncan,

Lubbock

Relating to a requestor’s right of access to investment information.

 

 

 

 

Summary:

Amends Government Code by adding Section 552.030.  This amendment establishes thirteen categories of information relating to a governmental body’s investments held by that would become public information.  The information includes the name of any fund or investment entity, the dates for investments, the amount of dollars the governmental body committed to any fund or investment entity, the internal rate of return realized, the names of principals of any fund or investment entity, the fees, expenses, charges, and other compensation assessed or paid by the governmental body to any fund or investment entity, recusals filed by members of the governing board of the governmental body regarding any investments, a description of the types of business engaged in by the companies that the governmental body is or has invested in, and minutes or tape recordings of open meetings pertaining investments.  Effective date:  September 1, 2005.

 

 

 

HB 235

Van Arsdale,

Houston

Relating to the computation of certain benefits under the Teacher Retirement System.

 

 

 

 

Summary:

Amends Government Code, Sections 824.203 and 824.806.  This bill would change the method of computation of the standard service retirement annuity calculation for a member of the Teacher Retirement System who, during any month of the member’s service, received compensation of $5,000 or more.  Currently, all members’ standard service retirement annuity is calculated on the basis of the member’s average annual compensation in the best three years times 2.3% for each year of service credit.  With these amendments, the calculation would be computed as the member’s median monthly compensation for the 60 months of service in which the member received the highest monthly compensation times 2.3% for each year of service credit.  Effective date:  September 1, 2005.

 

 

 

HB 241

Goolsby,

Dallas

Relating to professional liability insurance for certain retired physicians acting as volunteer health care providers.

 

 

 

 

Summary:

This bill would authorize a professional liability insurance provider to make available professional liability insurance covering a retired physician to cover acts or omissions in the course and scope of the physician’s duties as a volunteer health care provider.  The provision of coverage for the retired physician would not affect the liability of the retired physician as provided by current law.  Effective date:  September 1, 2005.

 

 

 

HB 242

Goolsby,

Dallas

Relating to medical liability insurance for certain retired physicians acting as volunteer health care providers.

 

 

 

 

Summary:

This bill would authorize a joint underwriting association to make available professional liability insurance covering a retired physician to cover acts or omissions in the course and scope of the physician’s duties as a volunteer health care provider.  The provision of coverage for the retired physician would not affect the liability of the retired physician as provided by current law.  Effective date:  September 1, 2005.

 

 

 

HB 256

Hopson,

Jacksonville

Relating to investments in certificate of deposit by certain governmental entities.

 

 

 

 

Summary:

Amends Government Code, Section 2256.010.  For those state entities subject to the Public Funds Investment Act, this bill would expand the types of certificates of deposit that are considered authorized investments under the act.  Effective date:  September 1, 2005.

 

 

 

HB 257

 

SB 1483

Pena,

Edinburg

Williams,

The Woodlands

Relating to exempting textbooks for university and college courses from the sales tax.

 

 

 

 

Summary:

Amends Tax Code by adding Section 151.3211.  This new section would exempt textbooks sold to full-time or part-time students enrolled at public or private institutions of higher education if the textbook is used for educational or instructional purposes and is required for a course at the institution.  Effective date:  October 1, 2005.

 

 

 

HB 258

 

SB 527

Pena,

Edinburg

Hinojosa,

McAllen

Relating to authorizing a sports recreation and wellness facility fee at the University of Texas-Pan American.

 

 

 

 

Summary:

Amends Education Code by adding Section 54.5421.  This new section would authorize the UT System board of regents to charge students enrolled at UT-Pan American a sports recreation and wellness facility fee in an amount not to exceed $75 for each semester of the regular term or for each summer session.  In order to implement the fee or to increase the fee, a majority of the students voting in a general student election called for that purpose would have to approve the implementation or the increase.  Effective date:

 

 

 

HB 279

Pickett,

El Paso

Relating to compensatory time off for certain state employees.

 

 

 

 

Summary:

Amends Government Code, Section 662.005(b).  Institutions of higher education are not considered a state agency in Chapter 662.  For those state agencies who are subject to this chapter, these amendments would impact the amount of compensatory time earned by peace officers employed by those state agencies or the Department of Public Safety.  Effective date:  September 1, 2005.

 

 

 

HB 292