SRC-JEC H.B. 1576 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1576
78R10818 MTB-FBy: Gallego (Shapleigh)
State Affairs
5/16/2003
Engrossed


DIGEST AND PURPOSE 

H.B. 1576 makes corrective and clarifying changes relating to the
telecommunications planning and oversight council.  The bill corrects a
conflicting directive for the council and the Department of Information
Resources to perform the same function; it creates a place on the council
for a representative of the Health and Human Services Commission; it
staggers members' terms so they no longer end all at once; and it extends
the deadline for the council's annual financial report to allow time to
accurately complete the report.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 2054.201(a) and (b), Government Code, as
follows: 

(a)  Provides that the telecommunications planning and oversight council
is composed of a representative of the Health and Human Services
Commission, appointed by the commissioner of health and human services, in
addition to other members. 

(b)  Provides that the appointed members of the telecommunications
planning and oversight council serve staggered two-year terms, with the
terms of four or five members expiring August 31 each year, except that
the representative of the Health and Human Services Commission serves at
the discretion of the commissioner of health and human services.  

SECTION 2.  Amends Section 2054.206, Government Code, to institute a
November 1 deadline for the submission of an annual report by the
telecommunications planning and oversight council.  Makes a nonsubstantive
change. 

SECTION 3.  Amends Subchapter H, Chapter 2054, Government Code, by adding
Section 2054.2025, as follows: 

Sec. 2054.2025.  LIMITATION OF LIABILITY.  Provides that a member of the
telecommunications planning and oversight council is not liable in a civil
action for an act performed in good faith in the performance of the
member's functions. 

SECTION 4.  Repealer:  Section 2054.205(c) (pertaining to the
telecommunications planning and oversight council's rate negotiation and
contract execution), Government Code. 

SECTION 5.  (a)  Provides that when the terms of the members of the
telecommunications planning and oversight council first expire after the
effective date of this Act: 

(1)  the lieutenant governor and the speaker of the house of
representatives are required to each appoint one member, and the governor
is required to appoint two members, according to Section 2054.201,
Government Code, for terms expiring on the first August 31 occurring after
the effective date of this Act; 
 
(2)  the commissioner of higher education, the chancellor of The
University of Texas System, and the chancellor of The Texas A&M University
System are required to each appoint one member, and the governor is
required to appoint two members, according to Section 2054.201, Government
Code, for terms expiring on the second August 31 after the effective date
of this Act. 

(b)  Requires the commissioner of health and human services, promptly
after this Act takes effect, to appoint a representative to the
telecommunications planning and oversight council. 

SECTION 6.  Effective date:  upon passage or September 1, 2003.