1-1     By:  Davila (Senate Sponsor - Barrientos)             H.B. No. 3125

 1-2           (In the Senate - Received from the House April 21, 1997;

 1-3     April 23, 1997, read first time and referred to Committee on

 1-4     Education; May 18, 1997, reported favorably by the following vote:

 1-5     Yeas 10, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to student participation in the selection or retention of

 1-9     food service providers at institutions of higher education.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter Z, Chapter 51, Education Code, is

1-12     amended by adding Section 51.945  to read as follows:

1-13           Sec. 51.945.  STUDENT PARTICIPATION IN SELECTION OF FOOD

1-14     SERVICE CONTRACTS.  (a)  The governing board of an institution of

1-15     higher education shall develop and implement policies that provide

1-16     the students at the institution with a reasonable opportunity to

1-17     appear before any committee or other entity that is determining

1-18     whether a food service provider should be selected or retained by

1-19     the institution. The policies shall provide the students with a

1-20     reasonable opportunity to discuss the performance of a food service

1-21     provider and the students' recommendations for qualifications of

1-22     food service providers.

1-23           (b)  A contract between an institution of higher education

1-24     and a food service provider must require the food service provider

1-25     to periodically hold meetings or forums to provide the students at

1-26     the institution with a reasonable opportunity to discuss the

1-27     performance of the food service provider.

1-28           (c)  In this section:

1-29                 (1)  "Food service provider" means a person who

1-30     contracts with the institution to provide food or beverage service

1-31     at any location on the premises of the institution.

1-32                 (2)  "Governing board" and "institution of higher

1-33     education" have the meanings assigned by Section 61.003.

1-34           SECTION 2.  This Act takes effect September 1, 1997, and

1-35     applies only to a food service contract entered into by an

1-36     institution of higher education on or after the effective date of

1-37     this Act. A food service contract entered into before the effective

1-38     date of this Act is governed by the law as it existed before the

1-39     effective date of this Act, and that law is continued in effect for

1-40     that purpose.

1-41           SECTION 3.  The importance of this legislation and the

1-42     crowded condition of the calendars in both houses create an

1-43     emergency and an imperative public necessity that the

1-44     constitutional rule requiring bills to be read on three several

1-45     days in each house be suspended, and this rule is hereby suspended.

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