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.