By Gray, Black H.B. No. 1566
74R3149 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Equine Research
1-3 Account Advisory Committee.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 88.522, Education Code, is amended by
1-6 adding Subsections (f), (g), and (h) to read as follows:
1-7 (f) Not more than 10 percent of the account may be spent
1-8 each year on the cost incurred in the operation or administration
1-9 of the advisory committee or account.
1-10 (g) All money received by the advisory committee or the
1-11 account under this chapter is subject to Subchapter F, Chapter 404,
1-12 Government Code.
1-13 (h) Sections 403.094 and 403.095, Government Code, do not
1-14 apply to the account.
1-15 SECTION 2. Section 88.523, Education Code, is amended by
1-16 amending Subsections (b) and (c) and by adding Subsection (e) to
1-17 read as follows:
1-18 (b) The advisory committee is composed of 12 members, 11 of
1-19 whom are <members> appointed by the director and one of whom is an
1-20 ex officio member, the executive secretary of the Texas Racing
1-21 Commission, who has the right to vote. The 11 appointed members
1-22 shall be selected by the director as follows:
1-23 (1) two members must be members of the Institute for
1-24 Equine Science and Technology of The Texas A&M University System
2-1 and of the faculty of the College of Agriculture and Life Sciences,
2-2 Texas A&M University, selected after consultation with the dean of
2-3 the college;
2-4 (2) two members must be members of the Institute for
2-5 Equine Science and Technology of The Texas A&M University System
2-6 and of the faculty of the College of Veterinary Medicine, Texas A&M
2-7 University, selected after consultation with the dean of the
2-8 college;
2-9 (3) two members must be affiliated with research
2-10 organizations that have equine research capabilities; and
2-11 (4) five members must be residents of this state who
2-12 have a demonstrated interest in the horse racing and breeding
2-13 industries in this state, with one selected from a list of names
2-14 submitted by each of the following:
2-15 (A) the Texas Thoroughbred Breeders Association;
2-16 (B) the Texas Quarter Horse Association;
2-17 (C) the Texas Paint Horse Breeders Association;
2-18 (D) the Texas Appaloosa Horse Club; and
2-19 (E) the Texas Arabian Breeders Association.
2-20 (c) Advisory committee members appointed by the director
2-21 hold office for two-year terms. Five members' terms expire
2-22 February 1 of each odd-numbered year, and six members' terms expire
2-23 February 1 of each even-numbered year. In the event of a vacancy
2-24 during a term, the director shall appoint a replacement who meets
2-25 the qualifications of the vacated office to fill the unexpired
2-26 term.
2-27 (e) Appointments to the advisory committee shall be made
3-1 without regard to the race, color, disability, sex, religion, age,
3-2 or national origin of the appointees.
3-3 SECTION 3. Subchapter F, Chapter 88, Education Code, is
3-4 amended by adding Sections 88.5231 and 88.5232 to read as follows:
3-5 Sec. 88.5231. STANDARDS OF CONDUCT; PROHIBITED CONDUCT. (a)
3-6 The director or the director's designee shall provide members of
3-7 the advisory committee, as often as necessary, information
3-8 regarding their qualifications for office under this chapter and
3-9 their responsibilities under applicable laws relating to the
3-10 standards of conduct for state officers or employees.
3-11 (b) A member of the advisory committee may not participate
3-12 in any manner in the annual evaluation, review, approval, or
3-13 discussion of any grant proposal submitted under Section 88.525 if
3-14 the member has submitted a request for a grant during the same
3-15 annual evaluation.
3-16 (c) A person may not serve as a member of the advisory
3-17 committee or act as the general counsel to the advisory committee
3-18 if the person is required to register as a lobbyist under Chapter
3-19 305, Government Code, because of the person's activities for
3-20 compensation on behalf of a profession related to the operation of
3-21 the advisory committee.
3-22 Sec. 88.5232. REMOVAL FROM COMMITTEE. (a) It is a ground
3-23 for removal from the advisory committee if the member:
3-24 (1) does not have at the time of appointment the
3-25 qualifications required by Section 88.523;
3-26 (2) does not maintain during service on the advisory
3-27 committee the qualifications required by Section 88.523;
4-1 (3) violates a prohibition established by Section
4-2 88.5231(c);
4-3 (4) cannot because of illness or disability discharge
4-4 the member's duties for a substantial part of the term for which
4-5 the member is appointed; or
4-6 (5) is absent from more than half of the regularly
4-7 scheduled advisory committee meetings that the member is eligible
4-8 to attend during a calendar year unless the absence is excused by
4-9 majority vote of the advisory committee.
4-10 (b) The validity of an action of the advisory committee is
4-11 not affected by the fact that it is taken when a ground for removal
4-12 of an advisory committee member exists.
4-13 (c) If the director has knowledge that a potential ground
4-14 for removal exists, the director shall notify the presiding officer
4-15 of the advisory committee of the potential ground. If the
4-16 potential ground for removal involves the presiding officer, the
4-17 director shall notify the next highest officer of the advisory
4-18 committee.
4-19 SECTION 4. Section 88.524, Education Code, is amended to
4-20 read as follows:
4-21 Sec. 88.524. Open Meetings Law; Administrative Procedure Law
4-22 <and Texas Register Act>; Sunset Act. (a) The advisory committee
4-23 is subject to the open meetings law, Chapter 551, Government Code
4-24 <Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
4-25 (Article 6252-17, Vernon's Texas Civil Statutes)>, and the
4-26 administrative procedure law, Chapter 2001, Government Code
4-27 <Administrative Procedure and Texas Register Act (Article 6252-13a,
5-1 Vernon's Texas Civil Statutes)>.
5-2 (b) The Equine Research Account Advisory Committee is
5-3 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
5-4 continued in existence as provided by that chapter, the advisory
5-5 committee is abolished and this subchapter expires September 1,
5-6 2001 <1995>.
5-7 SECTION 5. Subchapter F, Chapter 88, Education Code, is
5-8 amended by adding Section 88.5245 to read as follows:
5-9 Sec. 88.5245. PUBLIC ACCESS. The advisory committee shall
5-10 develop and implement policies that provide the public with a
5-11 reasonable opportunity to appear before the advisory committee and
5-12 to speak on any issue under its authority.
5-13 SECTION 6. Section 88.526, Education Code, is amended by
5-14 adding Subsection (c) to read as follows:
5-15 (c) The director shall, at least annually, consult with the
5-16 Texas Racing Commission on the use of the account and the impact of
5-17 equine research funded by the account.
5-18 SECTION 7. This Act takes effect September 1, 1995.
5-19 SECTION 8. The importance of this legislation and the
5-20 crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended.