Bill Text: TX HB2715 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to institutional funds held by public institutions of higher education in this state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred to Appropriations [HB2715 Detail]
Download: Texas-2013-HB2715-Introduced.html
83R5291 KEL-D | ||
By: Eiland | H.B. No. 2715 |
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relating to institutional funds held by public institutions of | ||
higher education in this state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.002, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1), (a-2), and | ||
(a-3) to read as follows: | ||
(a) Except as provided by Subsection (a-1) and subject to | ||
Section 51.008, the [ |
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listed in Section 51.001 of this code may retain control of the | ||
following sums of money collected at the institution[ |
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(1) student fees of all kinds; | ||
(2) charges for use of rooms and dormitories; | ||
(3) receipts from meals, cafes, and cafeterias; | ||
(4) fees on deposit refundable to students under | ||
certain conditions; | ||
(5) receipts from school athletic activities; | ||
(6) income from student publications and other student | ||
activities; | ||
(7) receipts from the sale of publication products and | ||
miscellaneous supplies and equipment; | ||
(8) students' voluntary deposits of money for | ||
safekeeping; | ||
(9) all other fees and local or institutional funds | ||
arising out of and by virtue of the educational activities, | ||
research, or demonstrations carried on by the institution; and | ||
(10) donations and gifts to the institution. | ||
(a-1) The governing board of an institution that retains | ||
control of money under Subsection (a) may not claim sovereign | ||
immunity in any lawsuit for a claim arising under a contract paid | ||
wholly or partly with that money, and the institution is liable for | ||
damages under that claim, to the extent that money described by | ||
Subsection (a) available to the institution is unencumbered by | ||
preexisting legal obligations. | ||
(a-2) Notwithstanding any other law, Subsection (a-1) does | ||
not apply during a state fiscal biennium if, not later than December | ||
31 of the state fiscal year preceding the biennium, the governing | ||
board: | ||
(1) certifies to the comptroller and the Legislative | ||
Budget Board that the governing board will treat in the same manner | ||
as the institution's educational and general funds all money under | ||
Subsection (a) that will be collected by the institution during | ||
that biennium; and | ||
(2) enters into an agreement with the comptroller to | ||
deposit that money in an account in the state treasury subject to | ||
legislative appropriation. | ||
(a-3) Notwithstanding Subsection (a-2), during the state | ||
fiscal biennium beginning September 1, 2013, Subsection (a-1) does | ||
not apply to an institution after the date the governing board of | ||
the institution certifies to the comptroller and the Legislative | ||
Budget Board that the governing board will treat in the same manner | ||
as the institution's educational and general funds all money under | ||
Subsection (a) that will be collected by the institution during the | ||
state fiscal biennium beginning September 1, 2015, and enters into | ||
an agreement described by Subsection (a-2)(2) with respect to that | ||
state fiscal biennium. A governing board that makes the | ||
certification and enters into the agreement permitted by this | ||
subsection is not required to make a separate certification and | ||
agreement under Subsection (a-2) to preserve its ability to claim | ||
sovereign immunity for the state fiscal biennium beginning | ||
September 1, 2015. This subsection expires January 1, 2016. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a civil cause of action that accrues on or after the effective | ||
date of this Act. An action that accrued before the effective date | ||
of this Act is governed by the law in effect at the time the action | ||
accrued, and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2013. |