HBA-KMH H.B. 1056 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1056
By: Dutton
Higher Education
4/1/1999
Introduced



BACKGROUND AND PURPOSE 

Current law establishes the role and responsibility of the governing boards
of institutions of higher education (boards) to be one of setting policy,
adopting rules, and enhancing the image of the institution.  Such boards
also have the legal responsibilities of a fiduciary in the management of
funds under the control of the institution.  The law provides for the board
to manage its own affairs through its chosen administrators and employees.
Though the law gives the right to manage, it was not intended for the board
to supervise the day-to-day operation of the institution.  H.B. 1056
prohibits a board member from supervising or directing or participating in
supervising or directing the day-to-day operations of the institution or
system. 

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 G, Chapter 51, Education Code, by adding
Section 51.3522, as follows: 

Sec.  51.3522.  ROLE OF INDIVIDUAL BOARD MEMBER IN INSTITUTIONAL
OPERATIONS.  Prohibits an individual member of the governing board of an
institution of higher education or university system from supervising or
directing or participating in supervising or directing the day-to-day
operations of the institution or system.  Provides that this section does
not affect the authority of a board member to participate as a member of
the governing board in setting policy, adopting rules, or otherwise
carrying out the governing board's official functions as a corporate body. 

SECTION 2. Emergency clause.
  Effective date: upon passage.