LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session April 8, 1997 TO: Honorable Rodney Ellis, Chair IN RE: Senate Bill No. 179, Committee Report 1st House, Substituted Committee on Jurisprudence By: Barrientos Senate Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on SB179 ( relating to the indemnification of certain personnel of certain institutions of higher education for admissions activities.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by SB179-Committee Report 1st House, Substituted Implementing the provisions of the bill would result in a cost to general academics and medical and dental units equal to the amount of indemnification liability accruing under the proposed bill. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. Fiscal Analysis The bill would indemnify a person acting in an official capacity on behalf of certain institutions of higher education for actual damages, court costs and attorney's fees for conduct involving a decision on admission of an individual to a general academic teaching institution or to a medical or dental unit. The bill would place indemnification for this type of liability under the limits established by Tex. Civ. Pract. & Rem. Code, Section 104.003. The bill would set certain conditions under which the state would be liable for indemnification. The bill would take effect immediately and would apply to any damages, court costs or attorney fees adjudged against a person on their conduct in making admissions decisions on or after the effective date of this act regardless of when the conduct occurred. Claims would be payable out of funds appropriated, or otherwise available, to the institution. In the event that claims exceed available funds, the claims would be payable out of the appropriation in the General Appropriations Act for judgments and settlements of Chapter 104 claims. The Comptroller of Public Accounts would reimburse the General Revenue Fund from the institution's funds for such amounts paid out of the General Revenue Fund to the extent such funds become available. No fiscal implication to units of local government is anticipated. Source: Agencies: 781 Higher Education Coordinating Board 302 Office of the Attorney General LBB Staff: JK ,BB ,LP ,LD