SRC-JJJ S.B. 192 76(R)BILL ANALYSIS


Senate Research CenterS.B. 192
By: Ogden
 Education
6/23/1999
Enrolled


DIGEST 

Currently, the Texas Constitution prohibits the granting of extra
compensation to a state employee after service has been rendered.  Some
institutions of higher education have granted administrators long-term
contracts that permit or require large cash settlements when the employee
resigns or leaves.  Additionally, some administrators have been granted
tenure without the same scrutiny given to other faculty or have been given
salaries substantially higher than their peers.  This bill will provide
restrictions on contracts with and compensation of administrators of public
institutions of higher education. 

PURPOSE

As enrolled, S.B. 192 establishes contracts with and compensation of
administrators of public institutions of higher education. 

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 51Z, Education Code, by adding Section 51.946,
as follows: 

Sec. 51.946.  RESTRICTIONS ON CONTRACTS WITH ADMINISTRATORS.  Authorizes
the governing board of an institution of higher education to enter into an
employment contract with an administrator to be paid from appropriated
funds, only if the contact is in the best interest of the institution.
Prohibits the contract from exceeding a three-year period, allowing for
severance to exceed certain amounts, allowing for special development
leave, and being awarded tenure that varies from the institution's policy
concerning tenure. Prohibits the institution from paying a salary to a
person who moves from an administrative position to a faculty or other
position that exceeds the salary of others performing the same duties.
Requires an administrator who takes development leave to compensate the
institution, in time or salary, for time taken off.  Provides that a record
pertaining to a contract between an institution and an administrator is
public information and may not be withheld from the public.  Authorizes the
governing board to allow for development leave at the member's full salary
in cases involving a member holding an administrative position for more
than four years, notwithstanding  Subsection (b)(3).  Defines
"administrator," "governing board," "institution of higher education," and
"contract." 

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.