SRC-AAA C.S.S.B. 179 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 179
By: Barrientos
Jurisprudence
4-9-97
Committee Report (Substituted)


DIGEST 

Recently, the federal court case, Hopwood vs. the State of Texas, has lead
to policies prohibiting the consideration of race in Texas university
admissions, financial aid and student retention programs. As a result,
many employees who make admissions decisions may be apprehensive and
overly cautious when considering minorities.  Many fear that they may be
held personally liable for their decisions. C.S.S.B. 179 mandates that all
employees of a general academic teaching institution or medical and dental
unit who make decisions within the course and scope of their duties shall
be indemnified by the state for actual damages, court costs, and
attorney's fees in a cause of action that may be made against them.  This
bill also clarifies that all employees who make admissions decisions
within the course and scope of duties would be indemnified. 

PURPOSE

As proposed, C.S.S.B. 179 mandates that all employees of a general
academic teaching institution or medical and dental unit who make
decisions within the course and scope of their duties shall be indemnified
by the state for actual damages, court costs, and attorney's fees in a
cause of action that may be made against them. This bill clarifies that
all employees who make admissions decisions within the course and scope of
duties would be indemnified. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 104, Civil Practice and Remedies Code, by adding
Section 104.009, as follows: 

Sec. 104.009.  INDEMNIFICATION OF CERTAIN HIGHER EDUCATION EMPLOYEES.
Requires the state to indemnify an employee of a general academic teaching
institution or a medical and dental unit for actual damages, court costs,
and attorney's fees, in a cause of action against a person acting in an
official capacity on behalf of a general academic teaching institution or
a medical and dental unit based on conduct of the employee in making a
decision on an individual's admission to the institution. Provides that
the state's limit on recoverable damages described in Section 104.003
apply to this section, and the state's liability for indemnification may
not exceed the damages described by that section.  Provides that the state
is liable for indemnification only if damages are based on an employee's
action or omission in the course and scope of a person's duties and if
other requirements are met.  Sets forth the applicability of this section.
Defines "general academic teaching institution" and "medical or dental
unit." 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

 SECTION 1.

Amends Chapter 104.009, Civil Practice and Remedies Code, regarding
indemnification of higher education admissions personnel. 

SECTION 2.

Deletes proposed SECTION 2. Makes application of this Act prospective.

SECTION 3. 

Amends SECTION 3 to provide for the emergency clause and effective date.
Deletes proposed SECTION 4.