By Wilson                                             H.B. No. 1439
         76R6269 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 51.960 to read as follows:
 1-7           Sec. 51.960.  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 Subsection (a) and the coordinating board's
2-26     minimum standards within one year.  If an institution does not
2-27     comply with the terms of the compliance agreement, the institution
 3-1     may not participate in intercollegiate athletics for two years.
 3-2           SECTION 2.  (a)  Except as provided by Subsection (b) of this
 3-3     section, this Act takes effect January 1, 2000.
 3-4           (b)  The Texas Higher Education Coordinating Board shall
 3-5     adopt standards for university policies relating to intercollegiate
 3-6     athletes as required by Section 51.960, Education Code, as added by
 3-7     this Act, not later than September 1, 1999.  An institution of
 3-8     higher education shall adopt a policy required by Section
 3-9     51.960(a), Education Code, as added by this Act, not later than
3-10     November 1, 1999.
3-11           SECTION 3.  The importance of this legislation and the
3-12     crowded condition of the calendars in both houses create an
3-13     emergency and an imperative public necessity that the
3-14     constitutional rule requiring bills to be read on three several
3-15     days in each house be suspended, and this rule is hereby suspended.