HBA-DMH H.B. 2885 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2885 By: Gallego Civil Practices 5/9/2001 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, the law is unclear as to how institutions of higher education should be treated under venue laws designed for private employers and state agencies having their headquarters in Travis County. This is not an issue for most state agencies because their headquarters are located in Austin, but only one statesupported institution of higher education is located in Travis County. Attorneys representing universities located throughout the rest of the state are often required to travel to Travis County to defend a lawsuit, which increases litigation costs and imposes time constraints on faculty. House Bill 2885 modifies venue requirements for certain suits brought against institution of higher education. 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. ANALYSIS House Bill 2885 amends the Civil Practice and Remedies Code to require an action against a general academic teaching institution, a medical and dental unit, or other agency of higher education, or against an officer or employee of one of those entities for conduct occurring in the course and scope of that individual's duties or responsibilities, to be brought in the county in which the principal office of the chief executive officer of the applicable general academic teaching institution, medical and dental unit, or other agency of higher education is located. The bill provides that this requirement does not waive any defense to or immunity from suit or liability that may be asserted by such an entity or individual. This section does not apply to The University of Texas System or any of its component institutions, officers, or employees. The bill provides that in cases of a conflict, this provision supersedes any other law. H. B. 2885 amends the Education Code to modify venue and service of process requirements for certain suits brought against an institution of higher education. EFFECTIVE DATE September 1, 2001. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 requires the venue for an action for personal injury or wrongful death to be governed by provisions regarding venues in the Civil Practice and Remedies Code.