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.