1-1 By: Armbrister S.B. No. 368
1-2 (In the Senate - Filed February 28, 1995; March 1, 1995, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 11, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 12, Nays 0; April 11, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: West
1-7 Amend S.B. No. 368 as follows:
1-8 Strike SECTION 2 of the bill (page 1, line 15, through page
1-9 3, line 2, Introduced Version; page 1, line 34, through page 2,
1-10 line 5, committee printing) and substitute the following section:
1-11 SECTION 2. Section 88.523, Education Code, is amended by
1-12 adding Subsections (e) and (f) to read as follows:
1-13 (e) Appointments to the advisory committee shall be made
1-14 without regard to the race, color, disability, sex, religion, age,
1-15 or national origin of the appointees.
1-16 (f) In making appointments to the advisory committee, the
1-17 director shall attempt to reflect the minority groups found in the
1-18 state's general population.
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the continuation and functions of the Equine Research
1-22 Account Advisory Committee.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 88.522, Education Code, is amended by
1-25 adding Subsections (f), (g), and (h) to read as follows:
1-26 (f) Not more than 10 percent of the account may be spent
1-27 each year on the cost incurred in the operation or administration
1-28 of the advisory committee or account.
1-29 (g) All money received by the advisory committee or the
1-30 account under this chapter is subject to Subchapter F, Chapter 404,
1-31 Government Code.
1-32 (h) Sections 403.094 and 403.095, Government Code, do not
1-33 apply to the account.
1-34 SECTION 2. Section 88.523, Education Code, is amended by
1-35 amending Subsections (b) and (c) and by adding Subsection (e) to
1-36 read as follows:
1-37 (b) The advisory committee is composed of 12 members, 11 of
1-38 whom are <members> appointed by the director and one of whom is an
1-39 ex officio member, the executive secretary of the Texas Racing
1-40 Commission, who has the right to vote. The 11 appointed members
1-41 shall be selected by the director as follows:
1-42 (1) two members must be members of the Institute for
1-43 Equine Science and Technology of The Texas A&M University System
1-44 and of the faculty of the College of Agriculture and Life Sciences,
1-45 Texas A&M University, selected after consultation with the dean of
1-46 the college;
1-47 (2) two members must be members of the Institute for
1-48 Equine Science and Technology of The Texas A&M University System
1-49 and of the faculty of the College of Veterinary Medicine, Texas A&M
1-50 University, selected after consultation with the dean of the
1-51 college;
1-52 (3) two members must be affiliated with research
1-53 organizations that have equine research capabilities; and
1-54 (4) five members must be residents of this state who
1-55 have a demonstrated interest in the horse racing and breeding
1-56 industries in this state, with one selected from a list of names
1-57 submitted by each of the following:
1-58 (A) the Texas Thoroughbred Breeders Association;
1-59 (B) the Texas Quarter Horse Association;
1-60 (C) the Texas Paint Horse Breeders Association;
1-61 (D) the Texas Appaloosa Horse Club; and
1-62 (E) the Texas Arabian Breeders Association.
1-63 (c) Advisory committee members appointed by the director
1-64 hold office for two-year terms. Five members' terms expire
1-65 February 1 of each odd-numbered year, and six members' terms expire
1-66 February 1 of each even-numbered year. In the event of a vacancy
1-67 during a term, the director shall appoint a replacement who meets
1-68 the qualifications of the vacated office to fill the unexpired
2-1 term.
2-2 (e) Appointments to the advisory committee shall be made
2-3 without regard to the race, color, disability, sex, religion, age,
2-4 or national origin of the appointees.
2-5 SECTION 3. Subchapter F, Chapter 88, Education Code, is
2-6 amended by adding Sections 88.5231 and 88.5232 to read as follows:
2-7 Sec. 88.5231. STANDARDS OF CONDUCT; PROHIBITED CONDUCT.
2-8 (a) The director or the director's designee shall provide members
2-9 of the advisory committee, as often as necessary, information
2-10 regarding their qualifications for office under this chapter and
2-11 their responsibilities under applicable laws relating to the
2-12 standards of conduct for state officers or employees.
2-13 (b) A member of the advisory committee may not participate
2-14 in any manner in the annual evaluation, review, approval, or
2-15 discussion of any grant proposal submitted under Section 88.525 if
2-16 the member has submitted a request for a grant during the same
2-17 annual evaluation.
2-18 (c) A person may not serve as a member of the advisory
2-19 committee or act as the general counsel to the advisory committee
2-20 if the person is required to register as a lobbyist under Chapter
2-21 305, Government Code, because of the person's activities for
2-22 compensation on behalf of a profession related to the operation of
2-23 the advisory committee.
2-24 Sec. 88.5232. REMOVAL FROM COMMITTEE. (a) It is a ground
2-25 for removal from the advisory committee if the member:
2-26 (1) does not have at the time of appointment the
2-27 qualifications required by Section 88.523;
2-28 (2) does not maintain during service on the advisory
2-29 committee the qualifications required by Section 88.523;
2-30 (3) violates a prohibition established by Section
2-31 88.5231(c);
2-32 (4) cannot because of illness or disability discharge
2-33 the member's duties for a substantial part of the term for which
2-34 the member is appointed; or
2-35 (5) is absent from more than half of the regularly
2-36 scheduled advisory committee meetings that the member is eligible
2-37 to attend during a calendar year unless the absence is excused by
2-38 majority vote of the advisory committee.
2-39 (b) The validity of an action of the advisory committee is
2-40 not affected by the fact that it is taken when a ground for removal
2-41 of an advisory committee member exists.
2-42 (c) If the director has knowledge that a potential ground
2-43 for removal exists, the director shall notify the presiding officer
2-44 of the advisory committee of the potential ground. If the
2-45 potential ground for removal involves the presiding officer, the
2-46 director shall notify the next highest officer of the advisory
2-47 committee.
2-48 SECTION 4. Section 88.524, Education Code, is amended to
2-49 read as follows:
2-50 Sec. 88.524. Open Meetings Law; Administrative Procedure Law
2-51 <and Texas Register Act>; Sunset Act. (a) The advisory committee
2-52 is subject to the open meetings law, Chapter 551, Government Code
2-53 <Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
2-54 (Article 6252-17, Vernon's Texas Civil Statutes)>, and the
2-55 administrative procedure law, Chapter 2001, Government Code
2-56 <Administrative Procedure and Texas Register Act (Article 6252-13a,
2-57 Vernon's Texas Civil Statutes)>.
2-58 (b) The Equine Research Account Advisory Committee is
2-59 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
2-60 continued in existence as provided by that chapter, the advisory
2-61 committee is abolished and this subchapter expires September 1,
2-62 2001 <1995>.
2-63 SECTION 5. Subchapter F, Chapter 88, Education Code, is
2-64 amended by adding Section 88.5245 to read as follows:
2-65 Sec. 88.5245. PUBLIC ACCESS. The advisory committee shall
2-66 develop and implement policies that provide the public with a
2-67 reasonable opportunity to appear before the advisory committee and
2-68 to speak on any issue under its authority.
2-69 SECTION 6. Section 88.526, Education Code, is amended by
2-70 adding Subsection (c) to read as follows:
3-1 (c) The director shall, at least annually, consult with the
3-2 Texas Racing Commission on the use of the account and the impact of
3-3 equine research funded by the account.
3-4 SECTION 7. This Act takes effect September 1, 1995.
3-5 SECTION 8. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.
3-10 * * * * *