1-1 AN ACT
1-2 relating to student debit card programs operated by public
1-3 institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.940, Education Code, as added by
1-6 Chapter 316, Acts of the 74th Legislature, Regular Session, 1995,
1-7 is amended to read as follows:
1-8 Sec. 51.940. STUDENT DEBIT CARDS. (a) [This section
1-9 applies only to:]
1-10 [(1) an institution that is a component of The Texas A
1-11 & M University System; or]
1-12 [(2) an institution that is a component of the Texas
1-13 State University System.]
1-14 [(b)] The governing board of an institution of higher
1-15 education [to which this section applies] may establish a program
1-16 to provide students enrolled at the institution with a debit card.
1-17 (b) [(c)] A student issued a debit card under the program
1-18 may use the card to purchase merchandise or service available
1-19 through the institution or through a person authorized to sell
1-20 merchandise or service at the institution, as determined by the
1-21 governing board.
1-22 (c) [(d)] The program must allow a person who is in business
1-23 to sell merchandise or service of the same kind as the merchandise
1-24 or service that a student may purchase under Subsection (b) [(c)]
2-1 to participate in the program under the same or equivalent terms
2-2 applicable to a person authorized to sell merchandise under
2-3 Subsection (b) [(c)] and accept a debit card payment from a student
2-4 to whom a debit card has been issued under the program for purchase
2-5 of that merchandise or service. The institution of higher education
2-6 may assess participating businesses a fee sufficient to cover the
2-7 cost of implementation and administration of this program.
2-8 (d) [(e)] An institution of higher education may not
2-9 administer or sponsor a debit card program for students of the
2-10 institution that does not conform to this section.
2-11 (e) [(f)] In this section:
2-12 (1) "Governing board" and "institution of higher
2-13 education" have the meanings assigned by Section 61.003.
2-14 (2) "Person" has the meaning assigned by Section
2-15 1.201, Business & Commerce Code.
2-16 SECTION 2. This Act takes effect September 1, 1997.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 63 was passed by the House on April
11, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 63 on May 23, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 63 was passed by the Senate, with
amendments, on May 21, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor