HBA-MPM C.S.S.B. 1569 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1569
By: West
Higher Education
5/6/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Texas law does not exempt certain leasing of classroom space for
an institution of higher education.  C.S.S.B. 1569 exempts classroom and
instructional space for institutions of higher education from the
requirements of Chapter 2167 (Lease of Space for State Agencies),
Government Code. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2167.001(b), Government Code, to make this
chapter inapplicable to classroom and instructional space for an
institution of higher education except as provided by Section 2167.007
(Leasing Space to State Agencies), Government Code. 

SECTION 2.  Amends Subchapter A, Chapter 2167, Government Code, by adding
Section 2167.0051, as follows: 

Sec. 2167.0051.  CLASSROOM AND INSTRUCTIONAL SPACE.  (a)  Prohibits an
institution of higher education from leasing classroom and instructional
space unless the portion of the building to be used by the institution
complies with the applicable standards and specifications under Article
9102, V.T.C.S. (Architectural Barriers). 

(b)  Provides that an institution of higher education must use competitive
sealed proposals in accordance with Section 2167.054 (Leasing Space Through
Competitive Sealed Proposals), Government Code, to lease classroom and
instructional space and requires the institution to include provisions to
obtain a lease contract for classroom and instructional space in accordance
with Section 2167.055 (Contract for Lease of Space), Government Code. 

SECTION 3.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1569 differs from the original in SECTION 1 (which amends
Subsection (b), Section 2167.001, Government Code), to  make this chapter
inapplicable to classroom and instructional space for an institution of
higher education except as provided by Section 2167.007 (Leasing Space to
State Agencies), Government Code.  The original bill made this chapter
inapplicable to classroom and institutional space  governed by Chapter 51
(Provisions Generally Applicable to Higher Education), Education Code.
Deletes text from the original prohibiting an institution of higher
education from entering into a lease contract for classroom and
instructional space unless the institution complies with Article 9102,
V.T.C.S. (Architectural Barriers) and redesignates it to new SECTION 2, as
specified below. 

 The substitute adds new SECTION 2, which amends Subchapter A, Chapter
2167, Government Code, by adding Section 2167.0051 (Classroom and
Instructional Space), as follows: 

(a)  The substitute redesignates text from the original bill, as noted
above.  This subsection, therefore, prohibits an institution of higher
education from leasing classroom and instructional space unless the portion
of the building to be used by the institution complies with the applicable
standards and specifications under Article 9102, V.T.C.S. 

(b) This new subsection provides that an institution of higher education
must use competitive sealed proposals in accordance with Section 2167.054
(Leasing Space Through Competitive Sealed Proposals), Government Code, to
lease classroom and instructional space and requires the institution to
include provisions to obtain a lease contract for classroom and
instructional space in accordance with Section 2167.055 (Contract for Lease
of Space), Government Code. 

SECTION 3 of the substitute (emergency clause) is redesignated from SECTION
2 of the original.