By Gallego H.B. No. 2885
77R5440 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to mandatory venue for actions brought against certain
1-3 public institutions of higher education or against certain officers
1-4 or employees of those institutions.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 15, Civil Practice and
1-7 Remedies Code, is amended by adding Section 15.021 to read as
1-8 follows:
1-9 Sec. 15.021. ACTIONS AGAINST CERTAIN EDUCATIONAL
1-10 INSTITUTIONS AND PERSONNEL. (a) In this section, "general
1-11 academic teaching institution," "medical and dental unit," and
1-12 "other agency of higher education" have the meanings assigned by
1-13 Section 61.003, Education Code.
1-14 (b) An action against a general academic teaching
1-15 institution, a medical and dental unit, or other agency of higher
1-16 education, or against an officer or employee of one of those
1-17 entities for conduct occurring in the course and scope of that
1-18 individual's duties or responsibilities, shall be brought in the
1-19 county in which the principal office of the chief executive officer
1-20 of the applicable general academic teaching institution, medical
1-21 and dental unit, or other agency of higher education is located.
1-22 (c) This section does not waive any defense to or immunity
1-23 from suit or liability that may be asserted by an entity or
1-24 individual described by this section.
2-1 (d) This section does not apply to The University of Texas
2-2 System or any of its component institutions, officers, or
2-3 employees.
2-4 (e) In case of a conflict between this section and any other
2-5 law, this section controls.
2-6 SECTION 2. Sections 51.575(a) and (b), Education Code, are
2-7 amended to read as follows:
2-8 (a) If an institution fails to file a disclosure statement
2-9 as required by this subchapter, the attorney general may bring suit
2-10 in district court [in Travis County] to compel disclosure in
2-11 accordance with this subchapter. The suit must be brought in
2-12 Travis County except as otherwise provided by Section 15.021, Civil
2-13 Practice and Remedies Code.
2-14 (b) If the attorney general does not bring suit under
2-15 Subsection (a) of this section, a citizen of this state may bring
2-16 suit in district court [in Travis County] to compel disclosure in
2-17 accordance with this subchapter. The suit must be brought in
2-18 Travis County except as otherwise provided by Section 15.021, Civil
2-19 Practice and Remedies Code.
2-20 SECTION 3. Section 51.934(d), Education Code, is amended to
2-21 read as follows:
2-22 (d) Venue for any suit against the employer of an employee
2-23 to enforce an assignment, pledge, or transfer of salary is in the
2-24 county where the employing institution is located, except as
2-25 otherwise provided by Section 15.021, Civil Practice and Remedies
2-26 Code.
2-27 SECTION 4. Section 61.794(f), Education Code, is amended to
3-1 read as follows:
3-2 (f) If an educational institution does not comply with a
3-3 civil investigative demand under this section, the entity may file
3-4 a petition for an order of enforcement in a district court in the
3-5 county in which the institution is located or, if applicable, in
3-6 the county in which venue is established by Section 15.021, Civil
3-7 Practice and Remedies Code, and may serve the petition on a person
3-8 designated in Subsection (c). The court may enter any order
3-9 necessary to enforce the demand. Failure to comply with a final
3-10 order entered under this subsection is punishable by contempt. A
3-11 final order entered under this subsection may be appealed to the
3-12 Supreme Court of Texas.
3-13 SECTION 5. Section 105.49, Education Code, is amended to read
3-14 as follows:
3-15 Sec. 105.49. [VENUE AND] SERVICE OF PROCESS. For a suit
3-16 filed against the university, the board, or an officer or employee
3-17 of the university, service [(a) Except as otherwise required by
3-18 law, venue for a suit filed against the university, the board, or
3-19 officers or employees of the university is in Denton County.]
3-20 [(b) Service] of citation and other required process must be
3-21 made on the attorney general and on an individual named by board
3-22 rule as a representative of the board.
3-23 SECTION 6. Section 106.38, Education Code, is amended to read
3-24 as follows:
3-25 Sec. 106.38. SERVICE OF PROCESS [SUITS]. For a suit filed
3-26 against the university, process [Venue for a suit against the
3-27 university is in Harris County or Travis County. Process] may be
4-1 served on the university only by service of citation on the
4-2 president or one of the university's vice-presidents.
4-3 SECTION 7. Section 111.33, Education Code, is amended to read
4-4 as follows:
4-5 Sec. 111.33. SUITS. The board has the power to sue and be
4-6 sued in the name of the University of Houston. [Venue shall be in
4-7 either Harris County or Travis County.] The university shall be
4-8 impleaded by service of citation on the president or any of its
4-9 vice presidents. Nothing in this section shall be construed as
4-10 granting legislative consent for suits against the board, the
4-11 University of Houston System, or its component institutions and
4-12 entities except as authorized by law.
4-13 SECTION 8. This Act applies only to an action brought against
4-14 a general academic teaching institution, a medical and dental unit,
4-15 or other agency of higher education, or against an officer or
4-16 employee of one of those entities, on or after the effective date
4-17 of this Act.
4-18 SECTION 9. This Act takes effect September 1, 2001.