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AN ACT
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relating to the provision of notice to institutions of higher |
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education of meetings of the Texas Higher Education Coordinating |
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Board and to certain telephone conference meetings of the board and |
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other boards of institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (c) and (e), Section 61.025, |
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Education Code, are amended to read as follows: |
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(c) An [Except as provided by Subsection (e), an] agenda for |
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the meetings in sufficient detail to indicate the items on which |
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final action is contemplated shall be mailed to the chairman of each |
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governing board and to the chief administrative officer of each |
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state institution of higher education at least seven [30] days |
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prior to the meeting. |
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(e) The board may hold a meeting to consider a higher |
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education impact statement, if a higher education impact statement |
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by the board is to be provided under the rules of either the house of |
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representatives or the senate. The meeting shall be called by the |
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chair and the board shall provide notice of the meeting in |
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accordance with Chapter 551, Government Code. [The board is not
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required to mail an agenda 30 days in advance to the governing
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boards and institutions as provided in Subsection (c), for a
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meeting to consider a higher education impact statement.] |
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SECTION 2. The heading to Section 551.121, Government Code, |
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is amended to read as follows: |
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Sec. 551.121. GOVERNING BOARD OF INSTITUTION OF HIGHER |
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EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS; TEXAS HIGHER |
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EDUCATION COORDINATING BOARD. |
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SECTION 3. Subsections (b), (c), and (e), Section 551.121, |
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Government Code, are amended to read as follows: |
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(b) This chapter does not prohibit the governing board of an |
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institution of higher education, [or] the Board for Lease of |
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University Lands, or the Texas Higher Education Coordinating Board |
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from holding an open or closed meeting by telephone conference |
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call. |
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(c) A meeting held by telephone conference call may be held |
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only if: |
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(1) the meeting is a special called meeting and |
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immediate action is required; and |
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(2) the convening at one location of a quorum of the |
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governing board, the [or] Board for Lease of University Lands, or |
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the Texas Higher Education Coordinating Board, as applicable, is |
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difficult or impossible. |
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(e) The notice of a telephone conference call meeting of a |
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governing board must specify as the location of the meeting the |
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location where meetings of the governing board are usually held. |
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For a meeting of the governing board of a university system, the |
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notice must specify as the location of the meeting the board's |
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conference room at the university system office. For a meeting of |
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the Board for Lease of University Lands, the notice must specify as |
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the location of the meeting a suitable conference or meeting room at |
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The University of Texas System office. For a meeting of the Texas |
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Higher Education Coordinating Board, the notice must specify as the |
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location of the meeting a suitable conference or meeting room at the |
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offices of the Texas Higher Education Coordinating Board or at an |
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institution of higher education. |
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SECTION 4. Section 551.129, Government Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) Subsection (d) does not apply to: |
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(1) the governing board of an institution of higher |
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education as defined by Section 61.003, Education Code; or |
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(2) the Texas Higher Education Coordinating Board. |
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SECTION 5. The change in law made by this Act to Section |
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61.025, Education Code, applies only to a meeting or telephone |
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conference call meeting held on or after the effective date of this |
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Act for which all notices required by law were not provided before |
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the effective date. A meeting or telephone conference call meeting |
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for which all notices required by law were provided before the |
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effective date of this Act is governed by the law in effect |
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immediately before the effective date, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1046 passed the Senate on |
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April 19, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1046 passed the House on |
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May 23, 2007, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |