HBA-LCA, C.S.H.B. 1039 76(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1039 By: Rangel Higher Education 4-26-1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, there are 35 public universities located in different regions of this state, governed by 10 different boards of regents. These governing boards are not required to reflect the demographic population of Texas. Each board member is appointed by the governor and approved by the senate. C.S.H.B. 1039 requires an appointment to a governing board, and confirmation of such an appointment, to be made in a manner which reflects the geographic diversity of this state. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 51.352, Education Code, by adding Subsection (g), to require the governor and senate, in making or confirming appointments to the governing board of a general academic teaching institute or university system, to take into consideration the geographic diversity of the state as a whole. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original as follows: Deletes SECTION 1 of the original, which amended Subchapter B, Chapter 51, Education Code, give a new title to the heading. Adds new SECTION 1 that amends Section 51.325, Education Code, by adding Subsection (a), to require the governor and the senate, when making or confirming appointments to the governing boards of institutions of higher education, to consider geographic diversity. SECTION 2 of the original, deleted in the substitute, amended Subchapter B, Chapter 51, Education Code, by adding Sections 51.051, 51.052, 51.053, and 51.054, as follows: Sec. 51.051. DEFINITIONS. Defined "general academic teaching institution," "governing board," "institution of higher education," and "university system" with the meanings assigned by Section 61.003 (Definitions). Section 61.003 defined "general academic teaching institution" as a specific list of Texas universities, as well as any other college, university, or institution created and so classified, expressly or impliedly, by law; and "institution of higher education" as any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education. "Governing board" is defined under Section 61.003 as the body charged with policy direction of an institution of higher education, including but not limited to boards of directors, boards of regents, boards of trustees, and independent school district boards insofar as they are charged with policy direction of a public junior college. "University system" is defined as the association of one or more public senior colleges or universities, medical or dental units, or other agencies of higher education under the policy direction of a single governing board. Sec. 51.052. REPRESENTATION OF ENTIRE STATE. Required appointments made to the governing board of a general academic teaching institution or university system (board) to be made so that membership was representative of the state's geographic diversity. Sec. 51.053. INELIGIBILITY OF FORMER STUDENT OR SPOUSE. Provided that a person would be ineligible to serve on a board if the person or the person's spouse attends or has attended as a student an institution of higher education under the governance of the governing body. Sec. 51.054. INELIGIBILITY ON ACCOUNT OF POLITICAL CONTRIBUTIONS. (a) Defined "candidate" and "political contribution" with the meanings assigned by Section 251.001 (Definitions), Election Code. Provided that a person is ineligible for appointment to the board if, in the preceding two years, the person, the person's spouse, or both person and spouse, have made one or more political contributions in a total of $1,000 or more to the governor at the time of the appointment, including contributions made when the governor was a candidate for public office. Specified that Subsection (b) would not affect the eligibility of a person serving on the board to continue serving, if the person was not ineligible for appointment to the board under Subsection (b) on the date the person was initially appointed. Section 251.001 defined "candidate" as a person who knowingly and willingly takes affirmative action for the purpose of gaining nomination to public office or for the purpose of satisfying financial obligations incurred by the person in connection with the campaign for nomination or election. Set forth specific examples. "Contribution" was defined as a direct or indirect transfer of money, goods, services, or any other thing of value and includes an agreement made or other obligation incurred, whether legally enforceable or not, to make a transfer. Set forth specific examples, as well as certain exceptions. SECTION 3, of the original which contained the effective date and a prospective clause, are transferred to new SECTION 2. SECTION 4, of the original which contained the emergency clause, is transferred to new SECTION 3.