HBA-LCA, C.S.H.B. 1039 76(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1039
By: Rangel
Higher Education
4-26-1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

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

C.S.H.B. 1039 requires an appointment to a governing board, and
confirmation of such an appointment, 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 Section 51.352, Education Code, by adding Subsection
(g), to require the governor and senate, in making or confirming
appointments to the governing board of a general academic teaching
institute or university system, to take into consideration the geographic
diversity of the state as a whole. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original as follows:

Deletes SECTION 1 of the original, which amended Subchapter B, Chapter 51,
Education Code, give a new title to the heading. 

Adds new SECTION 1 that amends Section 51.325, Education Code, by adding
Subsection (a), to require the governor and the senate, when making or
confirming appointments to the governing boards of institutions of higher
education, to consider geographic diversity. 

SECTION 2 of the original, deleted in the substitute, amended Subchapter B,
Chapter 51, Education Code, by adding Sections 51.051, 51.052, 51.053, and
51.054, as follows: 

Sec. 51.051.  DEFINITIONS.  Defined "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 defined "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.  Required appointments made
to the governing board of a general academic teaching institution or
university system (board) to be made so that membership was representative
of the state's geographic diversity. 

Sec. 51.053.  INELIGIBILITY OF FORMER STUDENT OR SPOUSE.  Provided that a
person would be ineligible to serve on a 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)
Defined "candidate" and "political contribution" with the meanings assigned
by Section 251.001 (Definitions), Election Code.  Provided 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. Specified that Subsection (b)
would 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 defined "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.  Set
forth specific examples.  "Contribution" was 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.  Set forth specific
examples, as well as certain exceptions. 

SECTION 3, of the original which contained the effective date and a
prospective clause, are transferred to new SECTION 2.   

SECTION 4, of the original which contained the emergency clause, is
transferred to new SECTION 3.