Bill Text: TX SB702 | 2021-2022 | 87th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the continuation and functions of the Prepaid Higher Education Tuition Board.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2021-06-04 - Effective on 9/1/21 [SB702 Detail]

Download: Texas-2021-SB702-Comm_Sub.html

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By: Paxton, et al. S.B. No. 702
(In the Senate - Filed February 22, 2021; March 11, 2021,
read first time and referred to Committee on Higher Education;
March 29, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; March 29, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 702 By: Springer

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