By Wilson                                       H.B. No. 3297

      75R9357 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to monitoring the performance of students at institutions

 1-3     of higher education who participate in intercollegiate athletics.

 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 51.950 to read as follows:

 1-7           Sec. 51.950.  INTERCOLLEGIATE ATHLETES.  (a)  The governing

 1-8     board of an institution of higher education shall adopt a written

 1-9     policy relating to students of the institution who participate in

1-10     intercollegiate athletics on behalf of the institution.  The policy

1-11     shall describe:

1-12                 (1)  the institution's commitment to providing a

1-13     quality education to the students;

1-14                 (2)  any academic services the institution provides to

1-15     the students to assist the students in receiving a quality

1-16     education, including any tutoring, mentoring, enrichment, or other

1-17     programs or services; and

1-18                 (3)  any performance measures that the institution uses

1-19     to measure the success of a policy adopted under this section,

1-20     including any standards relating to:

1-21                       (A)  the minimum grade point average the

1-22     institution requires a student to maintain to be eligible to

1-23     participate in intercollegiate athletic events;

1-24                       (B)  the percentage of the institution's students

 2-1     participating in intercollegiate athletics who graduate from the

 2-2     institution;

 2-3                       (C)  a description of the percentage of income

 2-4     from the entire intercollegiate athletic program at the institution

 2-5     used to provide the academic services described by Subdivision (2);

 2-6     and

 2-7                       (D)  any other performance measure that the

 2-8     governing board adopts.

 2-9           (b)  The Texas Higher Education Coordinating Board shall:

2-10                 (1)  establish minimum standards for a policy required

2-11     under Subsection (a);

2-12                 (2)  annually assess each institution's compliance with

2-13     Subsection (a) and the board's minimum standards; and

2-14                 (3)  annually publish a summary of the programs

2-15     established under this section and the board's assessment of each

2-16     institution's compliance with Subsection (a) and the board's

2-17     minimum standards.

2-18           (c)  If the coordinating board determines that an institution

2-19     is not in compliance with Subsection (a) and the board's minimum

2-20     standards, the institution may not use any funds or fees, including

2-21     income from intercollegiate activities and events, to support

2-22     intercollegiate athletics until the institution enters into a

2-23     compliance agreement with the coordinating board.

2-24           (d)  The compliance agreement shall require that the

2-25     institution comply with the institution's policy and the

2-26     coordinating board's minimum standards within one year.  If an

2-27     institution does not comply with the terms of the compliance

 3-1     agreement, the institution may not participate in intercollegiate

 3-2     athletics for two years.

 3-3           SECTION 2.  (a)  Except as provided by Subsection (b) of this

 3-4     section, this Act takes effect January 1, 1998.

 3-5           (b)  The Texas Higher Education Coordinating Board shall

 3-6     adopt  standards for university policies relating to

 3-7     intercollegiate athletes as required by Section 51.950, Education

 3-8     Code, as added by this Act, not later than September 1, 1997. An

 3-9     institution of higher education shall adopt a policy required by

3-10     Section 51.950(a), Education Code, as added by this Act, not later

3-11     than November 1, 1997.

3-12           SECTION 3.  The importance of this legislation and the

3-13     crowded condition of the calendars in both houses create an

3-14     emergency and an imperative public necessity that the

3-15     constitutional rule requiring bills to be read on three several

3-16     days in each house be suspended, and this rule is hereby suspended.