BILL ANALYSIS



S.B. 368
By: Armbrister (Black)
04-25-95
Committee Report (Unamended)


BACKGROUND

In 1991, the Legislature passed a major revision of the Texas
Racing Act.  This bill dedicated a small portion of wages made at
horse racetracks to fund the Equine Research Account and created a
committee to advise how the money should best be spent.  The Equine
Research Account Advisory Committee (ERAAC) reviews research
proposals, recommends grant awards, and helps plan an annual
conference on equine research.  The Director of the Texas
Agricultural Experiment Station (TAES) at Texas A&M University
manages the Equine Research Account and provides administrative
support to the Advisory Committee.  The Director of TAES is
responsible for final decisions on grant awards, the administration
of the program and also appoints the Advisory Committee members. 
In fiscal year 1994, ERAAC recommended, and the Committee's
Director approved, the first five research grants totaling $92,198. 
ERAAC also spent $6,500 for the First Annual Race Horse Conference,
held in January 1994.     

The Equine Research Advisory Account Committee is subject to the
Sunset Act and will be abolished September 1, 1995, unless
continued by the Legislature.  This bill continues the Committee
and makes several statutory modifications recommended by the Sunset
Commission.


PURPOSE

The purpose of the bill is to continue the Equine Research Advisory
Account Committee for 6 years, remove potential conflicts of
interest from the ERAAC process, and to make other statutory
changes recommended by the Sunset Commission.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.


SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 88.522, Education Code, by adding
Subsections (f), (g), and (h). 

     (f)  Limits the use of the account for administrative costs to
ten percent of the  account annually.

     (g)  Establishes that funds received by the account or
advisory committee are subject     to Subchapter F, Chapter 404,
Government Code, which requires funds received by the  account to
be placed in the treasury.   

     (h)  Sets forth that Sections 403.094 and 403.095, Government
Code, provisions    related to fund consolidation, do not apply to
the account.

SECTION 2.  Amends Section 88.523, Education Code, by adding
Subsections (e) and (f).  

     (e)  Requires that appointments be made without regard to
race, color, disability,      religion, age, or national origin.

     (f) Requires the director to attempt to reflect the state's
minority population when      making appointments to the advisory
committee.

SECTION 3.  Amends Subchapter F, Chapter 88, Education Code, by
adding Sections 88.5231 and 88.5232 as follows:  

     Section 88.5231  STANDARDS OF CONDUCT; PROHIBITED CONDUCT.  
     
     (a) Requires the director or designee to inform members of
the advisory committee of     the qualifications for office and
each person's responsibilities under the law.  

     (b)  Prohibits members of the advisory committee from
participating in the evaluation    or review of any grant
proposal if the member has submitted a grant request.  

     (c)  Prohibits registered lobbyists from serving as a member
of the advisory committee     or from being employed as the
general counsel to the advisory committee.  

     Section 88.5232  REMOVAL FROM COMMITTEE.  

     Defines the grounds for removing a member of advisory
committee and requires   the director to notify the advisory
committee's presiding officer if a potential ground    for
removal exists.  If the potential ground for removal involves the
presiding officer,  then the director shall notify the next
highest officer of the advisory committee.   Affirms that an
action of the advisory committee is valid even if it is taken
when a     ground for removal exists for one of the members.  

SECTION 4.  Amends Section 88.524, Education Code.  Sets forth
that the advisory committee is subject to the open meeting and
administrative procedure laws.  Updates the ERAAC sunset review
date to 2001, which provides for a six year review.

SECTION 5.  Amends Subchapter F, Chapter 88, Education Code, by
adding Section 88.5245, as follows:  

     Section 88.5245.  PUBLIC ACCESS.

     Requires the advisory committee to provide adequate
opportunity for the public to      address and appear before the
advisory committee regarding issues under its     jurisdiction.

SECTION 6.  Amends Section 88.526, Education Code, by adding
Subsection (c).  Requires the director of ERAAC to consult
annually with the Texas Racing Commission on the use of the
account and the impact of its research.

SECTION 7.  Effective Date: September 1, 1995.

SECTION 8.  Emergency Clause.  

SUMMARY OF COMMITTEE ACTION

S.B. 368 was considered by the committee in a public hearing on
Tuesday, April 25, 1995.

The following person testified neutrally on the bill:

     Ms. Charla Ann Baker representing the Sunset Advisory
Commission.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed by a record vote of
9 ayes, 0 nays, 0 pnv, 0 absent.nn