HBA-NLM H.B. 746 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 746
By: Gallego
Higher Education
2/19/1999
Introduced


BACKGROUND AND PURPOSE 

The 75th Legislature enacted an addendum to that session's Appropriations
bill which prohibited state employees from testifying against the state in
a suit filed against the state.  The addendum was challenged in district
court and was found to be unconstitutional.  An appellate court concurring
with the district court's opinion stated that in order to justify the
curtailment of the state employee's first amendment rights,  there needed
to be a compelling state interest.  It is suggested that no statistical
data exists which indicates a correlation between a state employee's
testimony and the outcome of a suit against the state.  H.B. 746 mandates
the compilation of a report from which the state can collect data
concerning the testimony given by faculty or professional staff members of
institutions of higher education in  suits against the state. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Higher Education Coordinating
Board in SECTION 2 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 61, Education Code, by adding
Section 61.0815, as follows: 

Sec. 61.0815. REPORT ON HIGHER EDUCATION EMPLOYEES SERVING AS EXPERT
WITNESSES IN SUITS AGAINST STATE.  Defines "member of the faculty or
professional staff of an institution of higher education."  Requires the
Texas Higher Education Coordinating Board (board) to submit to the governor
and to the presiding officer of each house of the legislature by November 1
of each year, a written report regarding the members of the faculty or
professional staff of institutions of higher education who serve as
consulting or testifying expert witnesses in suits against the state during
the preceding fiscal year.  Provides that the report must specify the
amounts of time spent by the faculty or professional staff members in
connection with that service, and the names, cause numbers, and outcomes of
the cases in which that service was rendered, including the amounts of: 

_any judgements entered against the state;
_any prejudgment or post-judgment interest awarded against the state; and
_any attorney's fees of another party ordered to be paid by the state.

Requires the attorney general and the president of each institution of
higher education to collect all necessary data to be included in the report
required by this section. 

SECTION 2.  Requires the board to adopt rules to implement Section 61.0815,
Education Code, as added by this Act, no later than the 90th day after the
effective date of this Act.  Requires the board to submit the first report
required by Section 61.0815, Education Code, as added by this Act, by
November 1, 2000. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.