Office of House Bill AnalysisH.B. 2885
By: Gallego
Civil Practices


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. 


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. 


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


September 1, 2001.