AN ACT

 1-1     relating to the transportation of public school students.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Section 34.003, Education Code, is amended by

 1-4     amending Subsections (b) and (c) and adding Subsections (d) and (e)

 1-5     to read as follows:

 1-6           (b)  To transport students in connection with school

 1-7     activities other than on school bus routes to and from school:

 1-8                 (1)  only school buses or motor[,] buses [chartered

 1-9     from motor bus companies, or district-owned buses meeting the

1-10     safety standards prescribed for vehicles used by motor bus

1-11     companies] may be used to transport 15 [10] or more students in any

1-12     one vehicle; and

1-13                 (2)  passenger cars or passenger vans may be used to

1-14     transport fewer than 15 [10] students.

1-15           (c)  In all circumstances in which passenger cars or

1-16     passenger vans are used to transport students, the operator of the

1-17     vehicle shall ensure that the number of passengers in the vehicle

1-18     does not exceed the designed capacity of the vehicle and that each

1-19     passenger is secured by a safety belt.

1-20           (d)  In this section, "passenger van" means a motor vehicle,

1-21     other than a motorcycle or passenger car, used to transport persons

1-22     and designed to transport 15 or fewer passengers, including the

1-23     driver.

 2-1           (e)  "Motor bus" means a vehicle designed to transport more

 2-2     than 15 passengers, including the driver.

 2-3           SECTION 2.  Section 34.004, Education Code, is amended to

 2-4     read as follows:

 2-5           Sec. 34.004.  STANDING CHILDREN.  A school district may not

 2-6     require or allow a child to stand on a school bus or passenger van

 2-7     that is in motion.

 2-8           SECTION 3.  Subsection (a), Section 11.158, Education Code,

 2-9     is amended to read as follows:

2-10           (a)  The board of trustees of an independent school district

2-11     may require payment of:

2-12                 (1)  a fee for materials used in any program in which

2-13     the resultant product in excess of minimum requirements becomes, at

2-14     the student's option, the personal property of the student, if the

2-15     fee does not exceed the cost of materials;

2-16                 (2)  membership dues in student organizations or clubs

2-17     and admission fees or charges for attending extracurricular

2-18     activities, if membership or attendance is voluntary;

2-19                 (3)  a security deposit for the return of materials,

2-20     supplies, or equipment;

2-21                 (4)  a fee for personal physical education and athletic

2-22     equipment and apparel, although any student may provide the

2-23     student's own equipment or apparel if it meets reasonable

2-24     requirements and standards relating to health and safety

2-25     established by the board;

 3-1                 (5)  a fee for items of personal use or products that a

 3-2     student may purchase at the student's option, such as student

 3-3     publications, class rings, annuals, and graduation announcements;

 3-4                 (6)  a fee specifically permitted by any other statute;

 3-5                 (7)  a fee for an authorized voluntary student health

 3-6     and accident benefit plan;

 3-7                 (8)  a reasonable fee, not to exceed the actual annual

 3-8     maintenance cost, for the use of musical instruments and uniforms

 3-9     owned or rented by the district;

3-10                 (9)  a fee for items of personal apparel that become

3-11     the property of the student and that are used in extracurricular

3-12     activities;

3-13                 (10)  a parking fee or a fee for an identification

3-14     card;

3-15                 (11)  a fee for a driver training course, not to exceed

3-16     the actual district cost per student in the program for the current

3-17     school year;

3-18                 (12)  a fee for a course offered for credit that

3-19     requires the use of facilities not available on the school premises

3-20     or the employment of an educator who is not part of the school's

3-21     regular staff, if participation in the course is at the student's

3-22     option; [or]

3-23                 (13)  a fee for a course offered during summer school,

3-24     except that the board may charge a fee for a course required for

3-25     graduation only if the course is also offered without a fee during

 4-1     the regular school year; or

 4-2                 (14)  a reasonable fee for transportation of a student

 4-3     who lives within two miles of the school the student attends to and

 4-4     from that school, except that the board may not charge a fee for

 4-5     transportation for which the school district receives funds under

 4-6     Section 42.155(d).

 4-7           SECTION 4.  This Act becomes effective with the 1997-1998

 4-8     school year.

 4-9           SECTION 5.  The importance of this legislation and the

4-10     crowded condition of the calendars in both houses create an

4-11     emergency and an imperative public necessity that the

4-12     constitutional rule requiring bills to be read on three several

4-13     days in each house be suspended, and this rule is hereby suspended,

4-14     and that this Act take effect and be in force from and after its

4-15     passage, and it is so enacted.

                                                                S.B. No. 517

         ________________________________   ________________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 517 passed the Senate on

         April 17, 1997, by the following vote:  Yeas 31, Nays 0;

         May 29, 1997, Senate refused to concur in House amendments and

         requested appointment of Conference Committee; May 30, 1997, House

         granted request of the Senate; June 1, 1997, Senate adopted

         Conference Committee Report by the following vote:  Yeas 25,

         Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 517 passed the House, with

         amendments, on May 26, 1997, by the following vote:  Yeas 144,

         Nays 0, one present not voting; May 30, 1997, House granted request

         of the Senate for appointment of Conference Committee;

         June 1, 1997, House adopted Conference Committee Report by the

         following vote:  Yeas 142, Nays 0, two present not voting.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         ________________________________

                      Date

         ________________________________

                    Governor