MMA C.S.H.B. 2491 75(R)BILL ANALYSIS


HIGHER EDUCATION
C.S.H.B. 2491
By: Alexander
4-19-97
Committee Report (Substituted)

BACKGROUND         

H.B. 903, 73rd Legislature, established a statewide charitable program
which allows for donations to charitable organizations by employees of
state agencies and institutions of higher education through a payroll
deduction plan.  However, donations are required to be sent to a regional
council to administer the program who keeps a portion of the proceeds for
administrative costs.  Several community colleges have expressed interest
in directly providing the funds to local charitable organizations without
having unnecessary administrative costs deducted by the regional council. 

PURPOSE

C.S.H.B. 2491 would exclude public junior colleges from the state employee
charitable contribution program by stating that public junior colleges'
employees are not considered state employees during a state fiscal year
and provides for certain exceptions. 

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 Subchapter H, Chapter 659, Government Code by adding
Section 659.1311 to read as follows: 
Sec. 659.1311. PUBLIC JUNIOR COLLEGES.  Excludes public junior colleges
from the definition of an institution of higher education for the purpose
of this subchapter.  Further clarifies that employees of a public junior
college are not considered state employees during the state fiscal year
unless an affirmative decision to participate under this subchapter is
made by the governing board of the public junior college by April 1 of the
previous state fiscal year.  

SECTION 2.  Effective date: September 1, 1997.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

H.B. 2491, as introduced, amended Sec. 659.131(7)-(9) and (16), Government
Code, by replacing "institution of higher education" with the term
"general academic teaching institution," as defined by Sec. 61.003,
Education Code. This switch of terms would exempt junior colleges, public
technical institutes, and medical and dental facilities from participation
in the state charitable contributions program. 

C.S.H.B. 2491 further clarifies the intent of the measure by amending,
instead, Subchapter H, Chapter 659, Government Code, by adding Section
659.1311 which excludes public junior colleges from being considered as an
institution of higher education and states that the employees of a public
junior college would not be considered state employees during the state
fiscal year unless the college's governing boards makes an affirmative
decision to participate in the state employee charitable contribution
program.