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.