HBA-KMH S.B. 1034 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1034
By: Ellis
Judicial Affairs
4/29/1999
Engrossed


BACKGROUND AND PURPOSE

Currently, the state offers liability insurance to certain state employees
through their state agencies. The court of appeals, however, is excluded
from offering this insurance option to staff because of a definition of
state agency excluding the court.  In addition, current statutes may force
the cost of insurance to adversely affect the salary of an appellate court
justice.  In order to offer liability insurance, these two provisions would
need to be clarified.  S.B. 1034 redefines "state agency" and excludes the
cost of insurance from the salary of an appellate court justice. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 612.004(f)(2), Government Code, as added by
Chapter 1035, Acts of the 75th Legislature, Regular Session, 1997, to
redefine "state agency," to include a court of appeals as described by
Section 22.201 (Courts of Appeals Districts), Government Code.  Makes
conforming and nonsubstantive. 

SECTION 2.  Amends Section 612.004, Government Code, as added by Chapter
1035, Acts of the 75th Legislature, Regular Session, 1997, by adding
Subsection (g), to provide that the cost of insurance purchased or acquired
by a court of appeals is not included in determining the salary of a
justice serving on the court.  

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.Emergency clause.