By Davila                                       H.B. No. 3125

      75R7366 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to student participation in the selection or retention of

 1-3     food service providers at institutions of higher education.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter Z, Chapter 51, Education Code, is

 1-6     amended by adding Section 51.945  to read as follows:

 1-7           Sec. 51.945.  STUDENT PARTICIPATION IN SELECTION OF FOOD

 1-8     SERVICE CONTRACTS.  (a)  The governing board of an institution of

 1-9     higher education shall develop and implement policies that provide

1-10     the students at the institution with a reasonable opportunity to

1-11     appear before any committee or other entity that is determining

1-12     whether a food service provider should be selected or retained by

1-13     the institution. The policies shall provide the students with a

1-14     reasonable opportunity to discuss the performance of a food service

1-15     provider and the students' recommendations for qualifications of

1-16     food service providers.

1-17           (b)  A contract between an institution of higher education

1-18     and a food service provider must require the food service provider

1-19     to periodically hold meetings or forums to provide the students at

1-20     the institution with a reasonable opportunity to discuss the

1-21     performance of the food service provider.

1-22           (c)  In this section:

1-23                 (1)  "Food service provider" means a person who

1-24     contracts with the institution to provide food or beverage service

 2-1     at any location on the premises of the institution.

 2-2                 (2)  "Governing board" and "institution of higher

 2-3     education" have the meanings assigned by Section 61.003.

 2-4           SECTION 2.  This Act takes effect September 1, 1997, and

 2-5     applies only to a food service contract entered into by an

 2-6     institution of higher education on or after the effective date of

 2-7     this Act. A food service contract entered into before the effective

 2-8     date of this Act is governed by the law as it existed before the

 2-9     effective date of this Act, and that law is continued in effect for

2-10     that purpose.

2-11           SECTION 3.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.