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.