1-1 AN ACT
1-2 relating to a report on certain higher education employees serving
1-3 as expert witnesses in suits in which the state is a party.
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 CERTAIN SUITS. (a) In this section, "member
1-9 of the faculty or professional staff of an institution of higher
1-10 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 compensated service
1-21 by members of the faculty or professional staff of institutions of
1-22 higher education as consulting or testifying expert witnesses in
1-23 suits in which the state is a party during the preceding state
1-24 fiscal year. The information in the report shall be reported
2-1 without identifying specific individuals. The report must specify:
2-2 (1) the amounts of time spent by the faculty or
2-3 professional staff members in connection with that service; and
2-4 (2) the names, cause numbers, and outcomes of the
2-5 cases in which that service was rendered, including the amounts of:
2-6 (A) any judgments entered against the state;
2-7 (B) any prejudgment or postjudgment interest
2-8 awarded against the state; and
2-9 (C) any attorney's fees of another party ordered
2-10 to be paid by the state.
2-11 (c) The attorney general and the president of each
2-12 institution of higher education shall collect all necessary data
2-13 for inclusion in the report required by this section.
2-14 SECTION 2. (a) Not later than the 90th day after the
2-15 effective date of this Act, the Texas Higher Education Coordinating
2-16 Board shall adopt rules to implement Section 61.0815, Education
2-17 Code, as added by this Act.
2-18 (b) The Texas Higher Education Coordinating Board shall
2-19 submit the first report required by Section 61.0815, Education
2-20 Code, as added by this Act, not later than November 1, 2000.
2-21 SECTION 3. This Act takes effect September 1, 1999.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 746 was passed by the House on April
8, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 746 on May 19, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 746 on May 30, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 746 was passed by the Senate, with
amendments, on May 17, 1999, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
746 on May 30, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor