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AN ACT
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relating to the continuation and functions of the Prepaid Higher |
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Education Tuition Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.603, Education Code, is amended to |
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read as follows: |
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Sec. 54.603. SUNSET PROVISION. The Prepaid Higher |
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Education Tuition Board is subject to Chapter 325, Government Code |
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(Texas Sunset Act). Unless continued in existence as provided by |
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that chapter, the board is abolished [and the programs established |
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under this subchapter and under Subchapters G and H terminate] |
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September 1, 2033 [2021]. |
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SECTION 2. Section 54.610, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) The [A] training program must [established under this |
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section shall] provide the person with information [to the member] |
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regarding: |
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(1) the law governing [enabling legislation that |
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created the] board operations; |
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(2) the programs, functions, rules, and budget of |
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[operated by] the board; |
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(3) the scope of and limitations on the rulemaking |
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authority [role and functions] of the board; |
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(4) [the rules of the board, with an emphasis on the |
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rules that relate to disciplinary and investigatory authority; |
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[(5) the current budget for the board; |
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[(6)] the results of the most recent formal audit of |
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the board; |
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(5) [(7)] the requirements of [the]: |
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(A) laws relating to open meetings, public |
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information, [law, Chapter 551, Government Code; |
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[(B) open records law, Chapter 552, Government |
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Code; and |
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[(C)] administrative procedure, and disclosing |
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conflicts [law, Chapter 2001, Government Code; |
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[(8) the requirements of the conflict] of interest; |
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[laws] and |
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(B) other laws applicable to members of a state |
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policy-making body in performing their duties [relating to public |
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officials]; and |
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(6) [(9)] any applicable ethics policies adopted by |
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the board or the Texas Ethics Commission. |
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(d) The executive director of the board shall create a |
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training manual that includes the information required by |
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Subsection (b). The executive director shall distribute a copy of |
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the training manual annually to each board member. Each board |
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member shall sign and submit to the executive director a statement |
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acknowledging that the member received and has reviewed the |
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training manual. |
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SECTION 3. Section 54.617(e), Education Code, is amended to |
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read as follows: |
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(e) The board shall periodically notify the complaint |
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parties of the status of the complaint until final disposition |
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unless the notice would jeopardize an investigation. |
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SECTION 4. Subchapter F, Chapter 54, Education Code, is |
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amended by adding Section 54.6181 to read as follows: |
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Sec. 54.6181. ADVISORY COMMITTEES. (a) The board by rule |
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may establish advisory committees to make recommendations to the |
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board on programs, rules, and policies administered by the board. |
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(b) In establishing an advisory committee under this |
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section, the board shall adopt rules, including rules regarding: |
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(1) the purpose, role, responsibility, goals, and |
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duration of the committee; |
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(2) the size of and quorum requirement for the |
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committee; |
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(3) qualifications for committee membership; |
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(4) appointment procedures for members; |
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(5) terms of service for members; |
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(6) training requirements for members; |
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(7) policies to avoid conflicts of interest by |
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members; |
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(8) a periodic review process to evaluate the |
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continuing need for the committee; and |
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(9) policies to ensure the committee does not violate |
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any provision of Chapter 551, Government Code, applicable to the |
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board or the committee. |
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(c) Chapter 2110, Government Code, does not apply to an |
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advisory committee created by the board. |
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SECTION 5. (a) Except as provided by Subsection (b) of |
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this section, Section 54.610, Education Code, as amended by this |
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Act, applies to a member of the Prepaid Higher Education Tuition |
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Board appointed before, on, or after the effective date of this Act. |
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(b) A member of the Prepaid Higher Education Tuition Board |
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who, before the effective date of this Act, completed the training |
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program required by Section 54.610, Education Code, as that law |
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existed before the effective date of this Act, is only required to |
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complete additional training on the subjects added by this Act to |
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the training program required by Section 54.610, Education Code. A |
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board member described by this subsection may not vote, deliberate, |
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or be counted as a member in attendance at a meeting of the board |
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held on or after December 1, 2021, until the member completes the |
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additional training. |
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SECTION 6. This Act takes effect September 1, 2021. |
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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. 702 passed the Senate on |
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April 6, 2021, 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. 702 passed the House on |
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May 19, 2021, by the following vote: Yeas 133, Nays 13, one |
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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 |