HBA-MPM H.B. 1542 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1542
By: Keffer
Public Education
7/20/1999
Enrolled



BACKGROUND AND PURPOSE 

Junior colleges are generally subject to the provisions of the Education
Code, and because they are governed by a locally-elected board, many of the
governance provisions applicable to independent school districts are also
applicable to these colleges; however, as institutions of higher education,
junior colleges are sometimes included in statutes related to public
universities.  Additionally, because junior colleges are also agencies of
local government, they are also subject to some provisions in the Local
Government Code. 

Prior to the 76th Legislature, the dual nature of junior colleges as
institutions of higher education and as independent entities of local
government caused confusion and presented the colleges with conflicting
statutes regarding purchasing and contracting.  H.B. 1542 makes the
provisions of the Education Code relating to the purchase of goods and
services under contract by a school district applicable to a junior
college. 

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 Subchapter A, Chapter 130, Education Code, by adding
Section 130.010, as follows: 

Sec. 130.010.  PURCHASING CONTRACTS. Makes the provisions of Subchapter B
(Purchases; Contracts), Chapter 44, Education Code (relating to the
purchase of goods and services under contract by a school district)
applicable to the purchase of goods and services under contract by a junior
college district.  Provides that, to the extent of any conflict,  these
provisions prevail over any law relating to the purchase of goods and
services by a junior college district. 
  
SECTION 2.  Amends Subchapter B, Chapter 271, Local Government Code, by
adding Section 271.023, as follows: 

Sec. 271.023.  CONFLICT OF LAWS.  Makes provisions of Subchapter B
(Purchases; Contracts), Chapter 44, Education Code, prevail over this
subchapter to the extent of any conflict. 

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