HBA-MPM H.B. 1257 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1257
By: Rangel
Higher Education
3/3/1999
Introduced



BACKGROUND AND PURPOSE 

The federal court case, Hopwood vs. the State of Texas, resulted in
policies prohibiting the consideration of race and ethnicity in admissions,
financial aid, scholarships, student recruitment, and student retention
programs at the state's institutions of higher education.  Employees of an
institution of higher education who make decisions considering admissions
may fear that they may be held personally liable for these decisions.  H.B.
1257 requires employees of a general academic teaching institution or a
medical or dental unit who make admissions decisions within the course and
scope of their duties to be indemnified by the state for actual damages,
court costs, and attorney's fees related to a cause of action that might be
filed against them as a result of an admissions decision. 

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 Chapter 104, Civil Practices and Remedies Code, by
adding Section 104.010, as follows: 

Sec. 104.010.  INDEMNIFICATION OF HIGHER EDUCATION ADMISSIONS PERSONNEL.
(a) Requires the state to indemnify a person who acts in an official
capacity on behalf of a general academic teaching institution or a medical
and dental unit based on the conduct of the person in making a decision
regarding the admission of an individual for actual damages, court costs,
and attorneys fees adjudged against the person in a cause of action. 

(b)  Provides that the state is liable for indemnification only if the
damages are based on an act or omission that the person committed in the
course and scope of the person's duties in making a decision regarding an
admission and: 

(1)  the damages arise due to negligence, except a wilful or wrongful act
or an act of gross negligence; 
(2)  the damages arise due to deprivation of a right, privilege, or
immunity secured by the constitution or a state or federal law except when
a court finds that the person acted in bad faith, with conscious
indifference, or with reckless disregard; or 
(3) indemnification is in the state's interest as determined by the
attorney general or the attorney general's designee. 

(c)  Makes this section applicable to any person acting on behalf of a
general academic teaching institution or medical and dental unit in an
official capacity, including an employee or volunteer. 

(d)  Assigns "general academic teaching institution" and "medical and
dental unit" with the definitions provided in Section 61.003, Education
Code, which sets forth specific state universities and any other college,
university, institution, or medical or dental unit provided by Chapter 61
(Texas Higher Education Coordinating Board). 
 
SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date: upon passage.