BILL ANALYSIS


                                                         S.B. 368
                                                   By: Armbrister
                                                    State Affairs
                                                          4-11-95
                                       Committee Report (Amended)
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
the Equine Research Account Advisory Committee (committee) to
provide advice on investing the money.  The committee 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 manages the
Equine Research Account and provides administrative support to the
committee.  The director of TAES is responsible for final decisions
on grant awards and administration of the program.  The director
also appoints members of the advisory committee.  In fiscal year
1994, the committee recommended, and the director approved, the
first five research grants totaling $92,198.  The committee also
spent $6,500 for the First Annual Race Horse Conference in January
1994.  

The Sunset Commission made recommendations for statutory
modifications when the committee came under review.

PURPOSE

As proposed, S.B. 368 revises the regulations of the Equine
Research Account Advisory Committee in accordance with the Texas
Sunset Act.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 88.522, Education Code, by adding
Subsections (f)-(h), as follows:

     (f) Prohibits spending more than 10 percent of the account
     each year on the cost incurred in the operation of the Equine
     Research Advisory Committee (committee) or account.
     
     (g) Subjects all money received by the committee or account to
     Chapter 404F, Government Code.
     
     (h) Provides that Sections 403.094 and 403.095, Government
     Code, do not apply to the account.
SECTION 2. Amends Section 88.523, Education Code, by adding
Subsections (e) and (f), as follows:

     (e) Requires appointments to the committee to be made without
     regard to certain personal characteristics of the appointees.
     
     (f) Requires the director to attempt to reflect the minority
     groups found in the state's general population in making
     appointments to the committee.
SECTION 3. Amends Chapter 88F, Education Code, by adding Sections
88.5231 and 88.5232, as follows:

     Sec. 88.5231.  STANDARDS OF CONDUCT; PROHIBITED CONDUCT.  (a)
     Requires the director or a designee to provide members of the
     committee information regarding their qualifications for
     office and their responsibilities relating to the standards of
     conduct for state officers or employees.
     
     (b) Prohibits a member of the committee from participating
       in the annual evaluation, review, approval, or discussion of
       any grant proposal submitted if the member has submitted a
       request for a grant during the same annual evaluation.
       
       (c) Prohibits a person from serving as a member of the
       committee or acting as the general counsel to the committee
       if the person is required to register as a lobbyist on
       behalf of a profession related to the operation of the
       committee.
       
     Sec. 88.5232.  REMOVAL FROM COMMITTEE.  (a) Sets forth the
     grounds for removal from the committee.
     
     (b) Provides that the validity of an action is not affected
       by the fact that it is taken when a ground for removal of a
       member exists.
       
       (c) Requires the director to notify the presiding officer of
       the committee, or the next highest officer if the ground for
       removal involves the presiding officer, if the director has
       knowledge that a potential ground for removal exists.  
SECTION 4. Amends Section 88.524, Education Code, as follows:

     Sec. 88.524.  New heading:  OPEN MEETINGS LAW; ADMINISTRATIVE
     PROCEDURE LAW; SUNSET ACT.  Provides that the committee is
     abolished and this subchapter expires September 1, 2001,
     rather than 1995, unless continued in existence by Chapter
     325, Government Code (Texas Sunset Act).  Makes conforming
     changes.
     
     SECTION 5.     Amends Chapter 88F, Education Code, by adding Section
88.5245, as follows:

     Sec. 88.5245.  PUBLIC ACCESS.  Requires the committee to
     develop and implement policies that provide the public with an
     opportunity to appear before the committee and speak on any
     issue under its authority.
SECTION 6. Amends Section 88.526, Education Code, by adding
Subsection (c), to require the director to consult, at least
annually, with the Texas Racing Commission on the use of the
account and the impact of research funded by the account.

SECTION 7. Effective date: September 1, 1995.

SECTION 8. Emergency clause.