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.