HBA-MPM H.B. 1039 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1039
By: Rangel
Higher Education
3/3/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there are 35 public universities located in different regions of
this state, governed by 10 different boards of regents.  The boards are not
required to reflect the demographic population of Texas.  Each board is
appointed by the governor.  

H.B. 1039 disqualifies alumni or their spouses, and campaign donors who
contribute more than $1,000 to the governor's campaign fund, from
appointment to a board of higher education.  This bill further requires
appointments to the board to be made in a manner which reflects the
"geographic diversity" of this state. 

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 Subchapter B, Chapter 51, Education Code, as follows:
New title: PROVISIONS GOVERNING APPOINTMENTS TO GOVERNING BOARD.  Deletes
old title: GENERAL PROPERTY DEPOSITS: INVESTMENTS AND USES. 

SECTION 2.  Amends Subchapter B, Chapter 51, Education Code, by adding
Sections 51.051, 51.052, 51.053, and 51.054, as follows: 

Sec. 51.051.  DEFINITIONS.  Defines "general academic teaching
institution," "governing board," "institution of higher education," and
"university system" with the meanings assigned by Section 61.003
(Definitions).   

Section 61.003 defines "general academic teaching institution" as a
specific list of Texas universities, as well as any other college,
university, or institution created and so classified, expressly or
impliedly, by law; and "institution of higher education" as any public
technical institute, public junior college, public senior college or
university, medical or dental unit, or other agency of higher education.
"Governing board" is defined under Section 61.003 as the body charged with
policy direction of an institution of higher education, including but not
limited to boards of directors, boards of regents, boards of trustees, and
independent school district boards insofar as they are charged with policy
direction of a public junior college. "University system" is defined as the
association of one or more public senior colleges or universities, medical
or dental units, or other agencies of higher education under the policy
direction of a single governing board. 

Sec. 51.052.  REPRESENTATION OF ENTIRE STATE.  Requires appointments made
to the governing board of a general academic teaching institution or
university system (board) to be made so that membership is representative
of the state's geographic diversity. 

Sec. 51.053.  INELIGIBILITY OF FORMER STUDENT OR SPOUSE.  Provides that a
person is ineligible to serve on the board if the person or the person's
spouse attends or has attended as a student an institution of higher
education under the governance of the  governing body. 

Sec. 51.054.  INELIGIBILITY ON ACCOUNT OF POLITICAL CONTRIBUTIONS.  (a)
Defines "candidate" and "political contribution" with the meanings assigned
by Section 251.001 (Definitions), Election Code.   

(b)  Provides that a person is ineligible for appointment to the board if,
in the preceding two years, the person, the person's spouse, or both person
and spouse, have made one or more political contributions in a total of
$1,000 or more to the governor at the time of the appointment, including
contributions made when the governor was a candidate for public office. 

(c)  Specifies that Subsection (b) does not affect the eligibility of a
person serving on the board to continue serving, if the person was not
ineligible for appointment to the board under Subsection (b) on the date
the person was initially appointed. 

Section 251.001 defines "candidate" as a person who knowingly and willingly
takes affirmative action for the purpose of gaining nomination to public
office or for the purpose of satisfying financial obligations incurred by
the person in connection with the campaign for nomination or election.
Sets forth specific examples.  "Contribution" is defined as a direct or
indirect transfer of money, goods, services, or any other thing of value
and includes an agreement made or other obligation incurred, whether
legally enforceable or not, to make a transfer.  Sets forth specific
examples, as well as certain exceptions. 

SECTION 3.  Effective date: September 1, 1999.
Makes application of this Act prospective for the term of office of a board
member already serving on the effective date. 

SECTION 4.  Emergency clause.