1-1 By: Gallego (Senate Sponsor - West) H.B. No. 746 1-2 (In the Senate - Received from the House April 9, 1999; 1-3 April 12, 1999, read first time and referred to Committee on 1-4 Education; May 7, 1999, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 7, Nays 0; 1-6 May 7, 1999, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 746 By: Zaffirini 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to a report on certain higher education employees serving 1-11 as expert witnesses in suits against the state. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter C, Chapter 61, Education Code, is 1-14 amended by adding Section 61.0815 to read as follows: 1-15 Sec. 61.0815. REPORT ON HIGHER EDUCATION EMPLOYEES SERVING 1-16 AS EXPERT WITNESSES IN SUITS AGAINST STATE. (a) In this section, 1-17 "member of the faculty or professional staff of an institution of 1-18 higher education" means a person who is employed full-time by an 1-19 institution of higher education as a member of the faculty or staff 1-20 and whose duties include teaching, research, administration, or the 1-21 performance of professional services, including professional 1-22 library services. The term does not include a person employed in a 1-23 position controlled by the institution's classified personnel 1-24 system or a person employed in a similar position if the 1-25 institution does not have a classified personnel system. 1-26 (b) Not later than November 1 of each year, the board shall 1-27 submit to the governor and to the presiding officer of each house 1-28 of the legislature a written report regarding compensated service 1-29 by members of the faculty or professional staff of institutions of 1-30 higher education as testifying expert witnesses in suits in which 1-31 the state is a party during the preceding state fiscal year. The 1-32 information in the report shall be reported in the aggregate, 1-33 without identifying specific individuals or institutions of higher 1-34 education. The report must specify: 1-35 (1) the amounts of time spent by the faculty or 1-36 professional staff members in connection with that service; and 1-37 (2) the names, cause numbers, and outcomes of the 1-38 cases in which that service was rendered, including the amounts of: 1-39 (A) any judgments entered against the state; 1-40 (B) any prejudgment or postjudgment interest 1-41 awarded against the state; and 1-42 (C) any attorney's fees of another party ordered 1-43 to be paid by the state. 1-44 (c) The attorney general and the president of each 1-45 institution of higher education shall collect all necessary data 1-46 for inclusion in the report required by this section. 1-47 SECTION 2. (a) Not later than the 90th day after the 1-48 effective date of this Act, the Texas Higher Education Coordinating 1-49 Board shall adopt rules to implement Section 61.0815, Education 1-50 Code, as added by this Act. 1-51 (b) The Texas Higher Education Coordinating Board shall 1-52 submit the first report required by Section 61.0815, Education 1-53 Code, as added by this Act, not later than November 1, 2000. 1-54 SECTION 3. This Act takes effect September 1, 1999. 1-55 SECTION 4. The importance of this legislation and the 1-56 crowded condition of the calendars in both houses create an 1-57 emergency and an imperative public necessity that the 1-58 constitutional rule requiring bills to be read on three several 1-59 days in each house be suspended, and this rule is hereby suspended. 1-60 * * * * *