By Gallego H.B. No. 746 76R3890 KEL-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a report on certain higher education employees serving 1-3 as expert witnesses in suits against the state. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 61, Education Code, is 1-6 amended by adding Section 61.0815 to read as follows: 1-7 Sec. 61.0815. REPORT ON HIGHER EDUCATION EMPLOYEES SERVING 1-8 AS EXPERT WITNESSES IN SUITS AGAINST STATE. (a) In this section, 1-9 "member of the faculty or professional staff of an institution of 1-10 higher education" means a person who is employed full-time by an 1-11 institution of higher education as a member of the faculty or staff 1-12 and whose duties include teaching, research, administration, or the 1-13 performance of professional services, including professional 1-14 library services. The term does not include a person employed in a 1-15 position controlled by the institution's classified personnel 1-16 system or a person employed in a similar position if the 1-17 institution does not have a classified personnel system. 1-18 (b) Not later than November 1 of each year, the board shall 1-19 submit to the governor and to the presiding officer of each house 1-20 of the legislature a written report regarding service by members of 1-21 the faculty or professional staff of institutions of higher 1-22 education as consulting or testifying expert witnesses in suits 1-23 against the state during the preceding state fiscal year. The 1-24 report must specify: 2-1 (1) the amounts of time spent by the faculty or 2-2 professional staff members in connection with that service; and 2-3 (2) the names, cause numbers, and outcomes of the 2-4 cases in which that service was rendered, including the amounts of: 2-5 (A) any judgments entered against the state; 2-6 (B) any prejudgment or postjudgment interest 2-7 awarded against the state; and 2-8 (C) any attorney's fees of another party ordered 2-9 to be paid by the state. 2-10 (c) The attorney general and the president of each 2-11 institution of higher education shall collect all necessary data 2-12 for inclusion in the report required by this section. 2-13 SECTION 2. (a) Not later than the 90th day after the 2-14 effective date of this Act, the Texas Higher Education Coordinating 2-15 Board shall adopt rules to implement Section 61.0815, Education 2-16 Code, as added by this Act. 2-17 (b) The Texas Higher Education Coordinating Board shall 2-18 submit the first report required by Section 61.0815, Education 2-19 Code, as added by this Act, not later than November 1, 2000. 2-20 SECTION 3. This Act takes effect September 1, 1999. 2-21 SECTION 4. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended.