1-1 By: Kamel (Senate Sponsor - Duncan) H.B. No. 63
1-2 (In the Senate - Received from the House April 14, 1997;
1-3 April 16, 1997, read first time and referred to Committee on
1-4 Education; May 15, 1997, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 15, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to student debit card programs operated by public
1-9 institutions of higher education.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 51.940, Education Code, as added by
1-12 Chapter 316, Acts of the 74th Legislature, Regular Session, 1995,
1-13 is amended to read as follows:
1-14 Sec. 51.940. STUDENT DEBIT CARDS. (a) [This section
1-15 applies only to:]
1-16 [(1) an institution that is a component of The Texas A
1-17 & M University System; or]
1-18 [(2) an institution that is a component of the Texas
1-19 State University System.]
1-20 [(b)] The governing board of an institution of higher
1-21 education [to which this section applies] may establish a program
1-22 to provide students enrolled at the institution with a debit card.
1-23 (b) [(c)] A student issued a debit card under the program
1-24 may use the card to purchase merchandise or service available
1-25 through the institution or through a person authorized to sell
1-26 merchandise or service at the institution, as determined by the
1-27 governing board.
1-28 (c) [(d)] The program must allow a person who is in business
1-29 to sell merchandise or service of the same kind as the merchandise
1-30 or service that a student may purchase under Subsection (b) [(c)]
1-31 to participate in the program under the same or equivalent terms
1-32 applicable to a person authorized to sell merchandise under
1-33 Subsection (b) [(c)] and accept a debit card payment from a student
1-34 to whom a debit card has been issued under the program for purchase
1-35 of that merchandise or service.
1-36 (d) [(e)] An institution of higher education may not
1-37 administer or sponsor a debit card program for students of the
1-38 institution that does not conform to this section.
1-39 (e) [(f)] In this section:
1-40 (1) "Governing board" and "institution of higher
1-41 education" have the meanings assigned by Section 61.003.
1-42 (2) "Person" has the meaning assigned by Section
1-43 1.201, Business & Commerce Code.
1-44 SECTION 2. This Act takes effect September 1, 1997.
1-45 SECTION 3. The importance of this legislation and the
1-46 crowded condition of the calendars in both houses create an
1-47 emergency and an imperative public necessity that the
1-48 constitutional rule requiring bills to be read on three several
1-49 days in each house be suspended, and this rule is hereby suspended.
1-50 * * * * *