HBA-MPM, NLM H.B. 746 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 746 By: Gallego Higher Education 7/26/1999 Enrolled BACKGROUND AND PURPOSE 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. It is suggested that no statistical data exists which indicates a correlation between a state employee's testimony and the outcome of a suit against the state. H.B. 746 mandates the compilation of a report from which the state can collect data concerning the testimony given by faculty or professional staff members of institutions of higher education in suits against the state. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Higher Education Coordinating Board in SECTION 2 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 61, Education Code, by adding Section 61.0815, as follows: Sec. 61.0815. REPORT ON HIGHER EDUCATION EMPLOYEES SERVING AS EXPERT WITNESSES IN CERTAIN SUITS. Defines "member of the faculty or professional staff of an institution of higher education." Requires the Texas Higher Education Coordinating Board (board) to submit to the governor and to the presiding officer of each house of the legislature by November 1 of each year, a written report regarding the members of the faculty or professional staff of institutions of higher education who serve as compensated consulting or testifying expert witnesses in suits in which the state is a party during the preceding fiscal year. Requires that the information in the report be reported without identifying specific individuals. Provides that the report must specify the amounts of time spent by the faculty or professional staff members in connection with that service, and the names, cause numbers, and outcomes of the cases in which that service was rendered, including the amounts of: _any judgments entered against the state; _any prejudgment or postjudgment interest awarded against the state; and _any attorney's fees of another party ordered to be paid by the state. Requires the attorney general and the president of each institution of higher education to collect all necessary data to be included in the report required by this section. SECTION 2. Requires the board to adopt rules to implement Section 61.0815, Education Code, as added by this Act, no later than the 90th day after the effective date of this Act. Requires the board to submit the first report required by Section 61.0815, Education Code, as added by this Act, by November 1, 2000. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.