SRC-DBM H.B. 746 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 746
76R3890  KEL-DBy: Gallego (West)
Education
5/3/1999
Engrossed


DIGEST 

The 75th Legislature enacted an addendum to that session's appropriations
bill, which prohibited state employees from testifying against the state in
a suit filed against the state.  The addendum was challenged in district
court and was found to be unconstitutional.  An appellate court concurring
with the district court's opinion stated that in order to justify the
curtailment of the state employee's first amendment rights, there needed to
be a compelling state interest.  H.B. 746 would set forth provisions for
reporting on certain education employees serving as expert witnesses in
suits against the state. 

PURPOSE

As proposed, H.B. 746 sets forth provisions for reporting on certain
education employees serving as expert witnesses in suits against the state. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Higher Education Coordinating
Board in SECTION  2(a) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 61C, Education Code, by adding Section 61.0815,
as follows: 

Sec. 61.0815.  REPORT ON HIGHER EDUCATION EMPLOYEES SERVING AS EXPERT
WITNESSES IN SUITS AGAINST STATE.  Defines "member of the faulty or
professional staff of an institution of higher education."  Provides that
the term does not include a person employed in a position controlled by the
institution's classified personnel system or a person employed in a similar
position, if the institution does not have a classified personnel system.
Requires the Texas Higher Education Coordinating Board (board), not later
than November 1 of each year, to submit a written report regarding service
by members of the faculty or professional staff of institutions of higher
education as consulting or testifying expert witnesses in suits against the
state during the preceding state fiscal year to the governor and to the
presiding officer of each house of the legislature.  Sets forth the
specifications required to be included in the report.  Requires the
attorney general and the president of each institution of higher education
to collect all necessary data for inclusion in the report required by this
section. 

SECTION 2.  (a)  Requires the board, not later than the 90th day after the
effective date of this Act, to adopt rules to implement Section 61.0815,
Education Code, as added by this Act. 

(b)  Requires the board to submit the first report required by Section
61.0815. Education Code, as added by this Act, not later than November 1,
2000. 

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.