TEXAS TECH BILL BRIEFS – 2005

 

79th Regular Session – April 8, 2005

 

 

 Bill No.

Sponsor

Caption – SENATE BILLS

 

 

 

SB 1

 

HB 1

Ogden

College Station

Pitts,

Waxahachie

Relating to the General Appropriations Bill.

 

 

 

SB 5

Staples,

Palestine

Relating to the continuation and operation of the workers’ compensation system of this state, including changing the name of the Texas Workers’ Compensation Commission to the Texas Department of Workers’ Compensation, the powers and duties of the governing authority of that department, the provision of workers’ compensation benefits to injured employees, and the regulation of workers’ compensation insurers.

 

 

 

 

Summary:

 

 

 

 

SB 9

Staples,

Palestine

Relating to homeland security.

 

 

 

 

Summary:

This bill would establish the Governor’s interoperable radio communications program for a statewide integrated public safety radio communications system that promotes interoperability within and between all first responders.  Effective date:

 

 

 

SB 24

 

HB 292

Zaffirini,

Laredo

McClendon

San Antonio

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 HB 120, Dawson.  Effective date:

 

 

 

SB 30

Zaffirini,

Laredo

Relating to tuition and fee exemptions for students contracting to graduate in a timely manner from public institutions of higher education.

 

 

 

 

Summary:

Amends Education Code by adding Section 54.202.  This bill would require the governing board of each institution of higher education to create a graduate on time contract.  The institution would be required to notify the undergraduate students about the contract not later than the sixth week of the student’s first semester or term and the student would be required to enter into the contract prior to the end of the student’s first semester or term at the institution.  No student would be required to enter into a contract under this section.

 

Each contract under this section would require a student to:

 

(1)     earn at least 30 required or elective credit hours each academic year,

(2)     enroll in any specified courses or types of courses prescribed by the contract at the times required by the contract,

(3)     maintain good academic standing as prescribed in the contract,

(4)     the student must declare a major not later than the end of the student’s second academic year,

(5)     earn additional credit hours if the student’s degree program requires more than 120 credit hours for a bachelor’s degree program as prescribed in the contract.

 

A student who has entered into and satisfies the requirements of the contract is exempt from the payment of tuition for the final fifteen credit hours required for the student’s bachelor’s degree program or the final nine hours required for the student’s associate degree program.  In addition to the tuition exemption, each contract would require the institution to exempt a student from the payment of any tuition and fees for a course required in the student’s degree program that was unavailable to the student at the appropriate time as specified by the institution in the contract.

 

If a student withdraws from the institution, the contract is void.  A student may not receive an exemption from tuition or fees under this section for a semester or session before the 2006 fall semester.  Effective date:  September 1, 2005.

 

 

 

SB 31

Zaffirini,

Laredo

Relating to requiring students receiving certain financial aid at institutions of higher education to meet timely graduation and academic progress requirements.

 

 

 

 

Summary:

Amends Education Code, Sections 56.304(e), 56.305(e) and (g), 56.462, and 61.225.  This bill attempts to standardize the eligibility requirements for a TEXAS grant and a tuition equalization grant to the eligibility requirements for a Texas B-On-Time loan.  The bill changes the requirements regarding satisfactory academic progress after the initial academic year and requires a student to complete at least 30 semester credit hours in the student’s most recent academic year and earn an overall grade point average of at least 2.5 on a four-point scale in all previously attempted coursework at the institution for continued TEXAS grant eligibility.

 

The bill also amends the time of eligibility for TEXAS grant recipients and tuition equalization grant recipients to the same time periods that apply to the Texas B-On-Time loans.  For all three programs, the bill applies the four calendar years and the five calendar years for certain degrees.  The limit on total number of semester credit hours for all three programs will include transfer credit hours but exclude hours earned exclusively by examination and hours earned for a course for which the student received credit towards the student’s high school academic requirements.  The student would still be allowed to have attempted six additional semester credit hours than the minimum needed to complete the certificate or degree. 

 

The bill makes corresponding changes to the limitations on tuition equalization grant eligibility.  The bill makes similar provisions for students with hardship provisions.  Effective date:  September 1, 2005.

 

 

 

SB 32

Zaffirini,

Laredo

Relating to certain special tuition rates at institutions of higher education.

 

 

 

 

Summary:

Amends Education Code, Section 54.072 and adds Section 54.0514.  This bill amends the section authorizing UT Austin’s flat rate tuition pilot project to now authorize the governing board of any institution of higher education to charge the same amount of tuition to all undergraduate students enrolled in a college or degree program at the institution.  The tuition could not exceed the average amount of tuition a student would pay for enrolling in the institution for fourteen semester credit hours.

 

The bill would authorize the governing board of an institution of higher education to charge a resident undergraduate student a lesser amount for tuition in a summer term or session for state tuition.  The amount of tuition could not be less than ½ of that amount. Effective date:

 

 

 

SB 33

Zaffirini,

Laredo

Relating to graduate stipends awarded as part of the Texas B-On-Time loan program.

 

 

 

 

Summary:

Amends Education Code by adding Section 56.466.  This bill would authorize a student who previously qualified for forgiveness of a Texas B-On-Time loan and who enrolls in a graduate or professional degree program at an institution to be eligible to receive a stipend of $2,500 in the student’s first academic year in the program to be used toward expenses associated with the program.

 

The stipend will be paid for money appropriated for these purposes.  The Coordinating Board is directed to allocate the amount to eligible institutions and if the amount is insufficient to provide a stipend to each eligible student, the Coordinating Board shall proportion the number of full-time equivalent graduate students enrolled at each institution.  The institution shall allocate the stipends based on financial need.  The Coordinating Board would be required to adopt rules to administer this program.  Effective date:  September 1, 2005.

 

 

 

SB 34

 

HB 2332

Zaffirini,

Laredo

Morrison,

Victoria

Relating to the tuition rebate program for certain undergraduates at certain public institutions of higher education.

 

 

 

 

Summary:

Amends Education Code, Sections 54.0065(a), (c), and (i).  This bill amends the sections regarding the $1,000 rebate of tuition program for undergraduates.  For students beginning after the effective date of this bill, they will be required to complete the baccalaureate degree within the same time period prescribed to qualify for forgiveness of a Texas B-On-Time loan which is either four or five years depending upon the degree program.  The bill also authorizes the Coordinating Board to adopt rules providing for hardship or other good cause provisions.  Effective date:  September 1, 2005.

 

 

 

SB 35

Zaffirini,

Laredo

Relating to a study regarding credit hour requirements for undergraduate certificate and degree programs at public institutions of higher education.

 

 

 

 

Summary:

This bill would require the Coordinating Board to conduct a study to examine the need for and feasibility of developing uniform credit hour requirements for undergraduate certificate and degree programs in any academic field common to two or more public institutions of higher education.  The study must include an evaluation of reducing credit hour requirements for programs that exceed typical or traditional credit hour requirements for similar programs.  The report is due September 1, 2006 and will be presented to the governing board of each public institution of higher education and the presiding officer of each legislative standing committee and subcommittee with primary jurisdiction over higher education.  Effective date:  September 1, 2005.

 

 

 

SB 39

 

HB 298

Zaffirini,

Laredo

McClendon,

San Antonio

Relating to forensic evidence training for students enrolled in certain medical or nursing degree programs.

 

 

 

 

Summary:

Amends Education Code by adding Section 51.310.  Each institution of higher education that offers a degree 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 would be required to establish a course in forensic evidence collection and require completion of the course as a prerequisite to receiving the degree.  The institution could determine to accept a substantially similar course successfully completed at another public or accredited private institution.  The Coordinating Board shall establish standards for the course.  Effective date:  September 1, 2005.

 

 

 

SB 41

 

HB 299

Zaffirini,

Laredo

McClendon,

San Antonio

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 defines employee as a person other than an independent contractor who, for compensation, performs services for an employer.  Employer is defined as a person who employs ten or more employees at the same workplace, including a public employer.  The bill entitles employees to unpaid time off, up to one hour in each calendar month, to meet with a teacher of the employee’s child or with a caregiver of the child or to participate in a facility or school activity of the child.  The employee is required to provide documentation of the actual participation in the activity on the employer’s request.  Notice of an employee’s right to this time off must be posted in a prominent location in the workplace.  Retaliation is prohibited.

 

 

Currently, state employees are authorized to use up to eight hours of sick leave each calendar year to attend parent-teacher conference sessions for the employee’s children (Government Code, Section 661.206).  (See HB 426 and HB 430).  Effective date:

 

 

 

SB 44

Nelson,

Flower Mound

Relating to the Indigent Health Care Advisory Committee

 

 

 

 

Summary:

This bill requires the executive commissioner of the Health and Human Services Commission to establish an advisory committee to advise the commission on rules and policies concerning indigent health care services.  The committee shall consist of eleven members, including four consumer and seven other representatives, appointed by the executive commissioner.  Effective date:  September 1, 2005.

 

 

 

SB 50

Nelson,

Flower Mound

Relating to contracts between health care providers and certain health benefit plans.

 

 

 

 

Summary:

This bill would prohibit a health maintenance organization or an insurer from including a provision in a contract with a participating physician or a preferred provider that would allow HMO or the insurer to refuse to pay an individual clean claim because of the provider submitted a previous claim that was deemed not a clean claim.  Effective date:  September 1, 2005.

 

 

 

SB 61

West, R.

Dallas

Relating to the teaching of foreign languages in public schools.

 

 

 

 

Summary:

This bill would authorize the commissioner of TEA to make grants from funds appropriated for this purpose to educator preparation programs offered by public senior colleges or universities to allow the programs to exempt from the payment of tuition and fees a student seeking certification as a bilingual education, dual language instruction, or English as a second language teacher, and to reimburse a student for the cost of textbooks required for the educator preparation program.  The bill would also authorize a school district to use state or local funds to supplement tuition and fees exemptions for educational aid employees of the school district if the aide is enrolled in courses leading to certification as a bilingual education, dual language instruction, or English as a second language teacher.  The board would be required to establish a master language teacher certificate to teach bilingual education, dual language instruction, or English as a second language at the elementary, middle school, and high school grade levels.  The commissioner is directed to establish a master language teacher grant program.  Effective date:  September 1,2005.

 

 

 

SB 63

 

HB 2740

Staples,

Palestine

Guillen,

San Diego

Relating to a pay raise for state employees.

 

 

 

 

Summary:

This bill would entitle each full-time employee of a state agency to an increase in the employee’s gross salary for the state fiscal year beginning September 1, 2005, in an amount equal to $200 per month and each part-time employee to an increase in the employee’s gross salary in an amount each month that is equal to the ratio between the number of hours the employee works and the number of hours required of a full-time employee times $200.  This would not apply to a member of the legislature or a member of the faculty of an institution of higher education.  Effective date:  September 1, 2005.

 

 

 

SB 67

Shapleigh,

El Paso

Relating to a program to promote the training and retention of health care professionals in this state.

 

 

 

 

Summary:

Amends Education Code, by adding Sections 61.551—61.554 and repeals Government Code, Chapter 487, Subchapter G. This bill requires the Coordinating Board to establish a program to encourage the training, recruitment, and retention of health care professionals and practitioners in health professional shortage areas in the Texas-Mexico border region.  The practitioners eligible to participate in the program should be trained in medicine, dentistry, or nursing and would be referred to as the Border Health Corp.  The program would be a loan repayment assistance program for which an individual could receive up to $10,000 in loan repayment assistance per year.  The individual must agree to practice for at least two years in the individual’s field or area of practice. The Coordinating Board would be required to pay the loan repayment assistance directly to the entity to which the loan obligation is due.

 

The bill abolishes the Texas Health Service Corp which is currently administered by the Office of Rural Community Affairs.  Individuals receiving awards or stipends under this program would be allowed to continue but no additional awards could be made.  The appropriations for this program would be transferred to the Border Health Corp program at the Coordinating Board.  Effective date:  September 1, 2005.

 

 

 

SB 68

Shapleigh,

El Paso

Relating to increasing the number of students in medical education in Texas.

 

 

 

 

Summary:

Amends Education Code by adding Sections 61.0903, 61.0904, and 61.0905.  This bill requires the Coordinating Board to examine the use of undergraduate programs that require more than four years of undergraduate coursework to prepare students for graduate medical education to determine whether such a program would be feasible or effective in institutions of higher education in this state.  The report is due December 1, 2006.

 

The board is also required to develop in coordination with institutions of higher education a strategy to coordinate recruitment and retention of students from backgrounds or geographic areas that are underrepresented in institutions in this state.

 

The board is also directed to collaborate with the Texas Education Agency to establish a pilot program to provide opportunities for secondary school students in the Texas-Mexico border region who are enrolled in health science technology and related courses to be mentored by health care professionals or students enrolled in undergraduate or graduate health science technology programs in at least three high schools in the first year and three additional secondary schools in the second year.

 

TEA is authorized to establish a statewide network of summer study science instruction programs for students from groups or geographic areas that are underrepresented in the fields of science and medicine.  Effective date:  September 1, 2005.

 

 

 

SB 70

Shapleigh,

El Paso

Relating to the provision of a preference in governmental purchasing decisions for vendors that provide health benefits to employees.

 

 

 

 

Summary:

Amends Education Code, Section 44.031(b) and adds Section 44.0421; amends Government Code, Section 2155.074(b) and adds Section 2155.452.  This bill would require public schools and state agencies, other than institutions of higher education, to give preference to the goods or services of a vendor that demonstrates that the vendor provides health benefits coverage to the vendor’s employees.  This would not apply to a vendor with 50 or fewer employees that does not provide health benefits coverage.  Effective date:  September 1, 2005.

 

 

 

SB 74

Shapleigh,

El Paso

Relating to a prohibition on employment discrimination in compensation.

 

 

 

 

Summary:

This bill defines employer as a person who employs four or more employees, including the state and a political subdivision of the state.  This bill would make it an unlawful employment practice if an employer discriminated among employees on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work requiring equal skills, effort and responsibility and which are performed under similar working conditions.  An exception to this would be a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on a factor other than sex.  The Texas Workforce Commission is directed to adopt guidelines specifying the criteria for determining whether a job is dominated by employees of a particular sex.  Each employer is required to provide to each employee a written statement sufficient to inform the employee of the employee’s job title and wage rate at least once annually.  Effective date:  January 1, 2006.

 

 

 

SB 79

Shapleigh,

El Paso

Relating to tuition exemptions granted by public institutions of higher education to children of certain classroom teachers.

 

 

 

 

Summary:

Amends Education Code by adding Section 54.220.  This bill would require the governing board of an institution of higher education to exempt from the payment of tuition a resident of this state enrolled as an undergraduate student at the institution who is the child of a person who at the beginning of the semester or academic session for which the exemption is sought holds a National Board Certification, as defined by the National Board for Professional Teaching Standards, and has ten or more years of experience as a classroom teacher in a critical teaching shortage field in one or more school districts in this state and is currently employed by a school district in a similar role.  An individual is not eligible for this exemption if the person has received an exemption for ten semesters or summer sessions at any institution or has received a baccalaureate degree.  An individual who becomes eligible to receive the exemption from tuition could also be eligible for a refund of any amount of tuition paid as a resident student in the three-year period preceding the beginning of the first semester for which the person receives the exemption.  The bill does require the Coordinating Board to take into account any tuition exempted or any refund of tuition made in the preceding biennium when the board is establishing the funding formulas for institutions for the upcoming biennium.  See SB 1145, Shapiro.  Effective date:  September 1, 2005.

 

 

 

SB 80

Shapleigh,

El Paso

Relating to the percentage of certain tuition set aside to fund financial assistance for resident undergraduate and graduate students at public institutions of higher education.

 

 

 

 

Summary:

Amends Education Code, Sections 56.011(a) and 56.012(a).  These amendments would increase the required set aside from the amount of designated tuition in excess of $46 per semester credit hour for resident undergraduate students from 20% to 40% and from 15% to 20% for resident students enrolled in graduate or professional degree programs.  This increase would apply to tuition set aside for fall 2005.  Effective date:  September 1, 2005.

 

 

 

SB 81

Shapleigh,

El Paso

Relating to a joint partnership between the Texas Tech University Health Sciences Center and the University of Texas at El Paso.

 

 

 

 

Summary:

Amends Education Code by adding Sections 69.23 and 110.17.  This bill would authorize the board of regents of the Texas Tech University and the board of regents of the University of Texas System to establish and maintain a joint partnership between the Texas Tech University Health Sciences Center and the University of Texas at El Paso.  The partnership will develop joint degree programs and joint research programs as the boards of regents of the participating institutions consider appropriate to efficiently use the resources of both institutions in El Paso County consistent with the mission of each institution.  The bill authorizes the partnership to prorate the salary of persons receiving a joint appointment from the institution.  Effective date:  September 1, 2005.

 

 

 

SB 95

Shapleigh,

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 requires the board of regents of Texas Tech University System to establish an asthma research center at the Texas Tech University Health Science Center campus at El Paso.  The proposed research center would study asthma and other conditions associated with the disease, as well as environmental causes of the disease.  The center would operate in collaboration with the University of Texas at El Paso and the Texas Commission on Environmental Quality.  The center would be required to be established not later than January 1, 2007.  Effective date:  September 1, 2005.

 

 

 

SB 101

 

HB 303

Van de Putte,

San Antonio

McClendon,

San Antonio

Relating to electronically monitoring certain veterans’ and dependents’ tuition exemption.

 

 

 

 

Summary:

Amends Education Code by adding Section 54.203(h) and Government Code by adding Section 434.107.  This bill would require the governing board of each institution of higher education to electronically report to the Texas Veterans Commission information on veterans and their dependents who receive an exemption from tuition and fees each semester and summer session.  The institution would be required to report the name of the institution, the name of the individual, the number of semester credit hours for which the individual received an exemption, the total cumulative number of credit hours for which the individual has received an exemption at the institution, and any other information required by the commission.  Effective date:  September 1, 2005.

 

 

 

SB 105

Shapleigh,

El Paso

Relating to a report on the use of money from the Enterprise Fund.

 

 

 

 

Summary:

Amends Government Code by adding Section 481.079.  This amendment would require the Governor to submit to the Lt. Governor, the Speaker, and each member of the Legislature a report on grants from The Enterprise Fund prior to the beginning of each regular session.  The report would include the number of jobs, the wages for the jobs, the total number of grants, the total amount of tax credits, the geographical distribution of the grants by county, and the effect of the grants on employment, personal income, and capital investment in the state and in each regional planning commission area.  Effective date:  September 1, 2005.

 

 

 

SB 111

 

HB 130

Shapleigh,

El Paso

Smith, T.

Bedford

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.

 

 

 

SB 121

 

HB 223

Duncan,

Lubbock

Gattis,

Georgetown

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 t