By: Armbrister S.B. No. 368
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and functions of the Equine Research
1-2 Account Advisory Committee.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 88.522, Education Code, is amended by
1-5 adding Subsections (f), (g), and (h) to read as follows:
1-6 (f) Not more than 10 percent of the account may be spent
1-7 each year on the cost incurred in the operation or administration
1-8 of the advisory committee or account.
1-9 (g) All money received by the advisory committee or the
1-10 account under this chapter is subject to Subchapter F, Chapter 404,
1-11 Government Code.
1-12 (h) Sections 403.094 and 403.095, Government Code, do not
1-13 apply to the account.
1-14 SECTION 2. Section 88.523, Education Code, is amended by
1-15 adding Subsections (e) and (f) to read as follows:
1-16 (e) Appointments to the advisory committee shall be made
1-17 without regard to the race, color, disability, sex, religion, age,
1-18 or national origin of the appointees.
1-19 (f) In making appointments to the advisory committee, the
1-20 director shall attempt to reflect the minority groups found in the
1-21 state's general population.
1-22 SECTION 3. Subchapter F, Chapter 88, Education Code, is
1-23 amended by adding Sections 88.5231 and 88.5232 to read as follows:
1-24 Sec. 88.5231. STANDARDS OF CONDUCT; PROHIBITED CONDUCT.
2-1 (a) The director or the director's designee shall provide members
2-2 of the advisory committee, as often as necessary, information
2-3 regarding their qualifications for office under this chapter and
2-4 their responsibilities under applicable laws relating to the
2-5 standards of conduct for state officers or employees.
2-6 (b) A member of the advisory committee may not participate
2-7 in any manner in the annual evaluation, review, approval, or
2-8 discussion of any grant proposal submitted under Section 88.525 if
2-9 the member has submitted a request for a grant during the same
2-10 annual evaluation.
2-11 (c) A person may not serve as a member of the advisory
2-12 committee or act as the general counsel to the advisory committee
2-13 if the person is required to register as a lobbyist under Chapter
2-14 305, Government Code, because of the person's activities for
2-15 compensation on behalf of a profession related to the operation of
2-16 the advisory committee.
2-17 Sec. 88.5232. REMOVAL FROM COMMITTEE. (a) It is a ground
2-18 for removal from the advisory committee if the member:
2-19 (1) does not have at the time of appointment the
2-20 qualifications required by Section 88.523;
2-21 (2) does not maintain during service on the advisory
2-22 committee the qualifications required by Section 88.523;
2-23 (3) violates a prohibition established by Section
2-24 88.5231(c);
2-25 (4) cannot because of illness or disability discharge
2-26 the member's duties for a substantial part of the term for which
2-27 the member is appointed; or
3-1 (5) is absent from more than half of the regularly
3-2 scheduled advisory committee meetings that the member is eligible
3-3 to attend during a calendar year unless the absence is excused by
3-4 majority vote of the advisory committee.
3-5 (b) The validity of an action of the advisory committee is
3-6 not affected by the fact that it is taken when a ground for removal
3-7 of an advisory committee member exists.
3-8 (c) If the director has knowledge that a potential ground
3-9 for removal exists, the director shall notify the presiding officer
3-10 of the advisory committee of the potential ground. If the
3-11 potential ground for removal involves the presiding officer, the
3-12 director shall notify the next highest officer of the advisory
3-13 committee.
3-14 SECTION 4. Section 88.524, Education Code, is amended to
3-15 read as follows:
3-16 Sec. 88.524. Open Meetings Law; Administrative Procedure Law
3-17 <and Texas Register Act>; Sunset Act. (a) The advisory committee
3-18 is subject to the open meetings law, Chapter 551, Government Code
3-19 <Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
3-20 (Article 6252-17, Vernon's Texas Civil Statutes)>, and the
3-21 administrative procedure law, Chapter 2001, Government Code
3-22 <Administrative Procedure and Texas Register Act (Article 6252-13a,
3-23 Vernon's Texas Civil Statutes)>.
3-24 (b) The Equine Research Account Advisory Committee is
3-25 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
3-26 continued in existence as provided by that chapter, the advisory
3-27 committee is abolished and this subchapter expires September 1,
4-1 2001 <1995>.
4-2 SECTION 5. Subchapter F, Chapter 88, Education Code, is
4-3 amended by adding Section 88.5245 to read as follows:
4-4 Sec. 88.5245. PUBLIC ACCESS. The advisory committee shall
4-5 develop and implement policies that provide the public with a
4-6 reasonable opportunity to appear before the advisory committee and
4-7 to speak on any issue under its authority.
4-8 SECTION 6. Section 88.526, Education Code, is amended by
4-9 adding Subsection (c) to read as follows:
4-10 (c) The director shall, at least annually, consult with the
4-11 Texas Racing Commission on the use of the account and the impact of
4-12 equine research funded by the account.
4-13 SECTION 7. This Act takes effect September 1, 1995.
4-14 SECTION 8. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.