19 TAC §5.12
The Texas Higher Education Coordinating Board adopts an emergency
new rule §5.12 concerning General Provisions (Expert Witnesses).
The new rule is to be adopted on an emergency basis pursuant to §2001.034
of the Texas Government Code, which allows a state agency to adopt an emergency
rule if a requirement of state or federal law requires adoption of the rule
on less than 30 days notice. The rule is being proposed for emergency action
to implement the provisions of House Bill 746 which requires the Coordinating
Board to report annually to the governor and the presiding officer of the
House and Senate on any faculty members or professional staff at public institutions
of higher education who serve as expert witnesses in lawsuits in which the
state is a party. The rule will provide guidelines to higher education institutions
for reporting on employees who serve as expert witness under the conditions
specified in the legislation.
The new rule is adopted on an emergency basis under Texas Education
Code, §61.0815.
§5.12.Expert Witnesses.
(a)
Purpose. Pursuant to Texas Education Code, §61.0815,
this subchapter sets out guidelines for reporting by higher education institutions
to the Coordinating Board on certain employees who serve as consulting or
testifying expert witness under the conditions specified in the law and in
this subchapter.
(b)
Definitions. The following words and terms, when used in
this subchapter, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Consulting or testifying expert witness--any non-fact witness
whose name must be disclosed during litigation as required by the Texas Rules
of Civil Procedure.
(2)
Institution of higher education--any public technical
institute, public junior college, public senior college or university, medical
or dental unit, or other agency of higher education as defined in Texas Education
Code, §61.003.
(3)
Faculty or professional staff of an institution of
higher education--a non-classified, full-time employee who is a member of
the faculty or staff and whose duties include teaching, research, administration
or performing professional services, including professional library services.
(4)
Fiscal year--the State of Texas' fiscal year, August
31 through September 1.
(5)
Non-classified--an employee whose position is not
controlled by the institution's classified personnel system or a person employed
in a similar position if the institution does not have a classified personnel
system.
(c)
Reporting. No later than September 30 of each year, the
president of an institution of higher education shall file a written report
with the Coordinating Board regarding members of the faculty or professional
staff who received compensation for serving as consulting or testifying expert
witnesses during the prior fiscal year in lawsuits in which the state is a
party.
(1)
Each report shall contain:
(A)
the number of hours spent by faculty or professional staff
members serving as consulting or testifying expert witnesses during the prior
fiscal year;
(B)
the names, cause numbers and county where filed of the
cases in which that service was rendered; and
(C)
the outcome of the case, including the amount of:
(i)
any judgment entered against the state;
(ii)
any prejudgment or postjudgment interest awarded against
the state; and
(iii)
any attorney's fees of another party ordered to be paid
by the state.
(2)
The information regarding the number of
hours spent by faculty or staff serving as consulting or testifying expert
witnesses shall be reported to the Coordinating Board in the aggregate without
identifying specific individuals.
(3)
In the event an institution cannot provide the information
specified in paragraph (1)(C) of this subsection, the Texas Attorney General's
Office shall provide the information to the Coordinating Board.
Filed with the Office of the Secretary of
State, on November 15, 1999.
TRD-9907757
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: November 15, 1999
Expiration date: March 14, 2000
For further information, please call: (512) 483-6162