SRC-MWN C.S.S.B. 263 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 263
77R2865 KEL-DBy: Ogden
Education
2/28/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, many institutions of higher education lack policies or
procedures regarding student travel. C.S.S.B. 263 requires the governing
board of each institution of higher education, including community
colleges, to adopt a policy regulating travel that is undertaken by one or
more students presently enrolled at the institution to reach an activity or
event that is located more than twenty-five miles from the institution, or
organized and sponsored by the institution, funder by the institution, uses
a vehicle owned or leased by the institution, and required by a student
organization registered at the institution. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 51Z, Education Code, by adding Section 51.949, as
follows: 

Sec. 51.949. POLICY REGULATING STUDENT TRAVEL. Defines "governing board"
and "institution of higher education." Requires each governing board of an
institution of higher education to adopt a policy regulating student travel
that falls within certain parameters. Requires the governing board to seek
advice and comment from the faculty and students of the institution before
adopting any policy under this section. Requires the policy to contain
provisions that address different modes of travel likely to be used by
students; and certain safety issues related to student travel. Requires the
governing board to make the policy available to the public by publishing
the policy in the institution's catalog and by any other method the board
considers appropriate. Requires the governing board to file a copy of the
policy adopted under this section, and any amendments to that policy, with
the Texas Higher Education Coordinating Board. Provides that no claim or
cause of action against an institution beyond a claim or cause authorized
by Chapter 101 (Tort Claims), Civil Practice and Remedies Code, is created
by this section. 

SECTION. 2. Makes application of this Act prospective to student travel
beginning August 1, 2002, to require each governing board of an institution
of higher education to adopt the student travel policy required by Section
51.949, Education Code, as added by this Act, not later than January 1,
2002, and to file a copy of the policy with the Texas Higher Education
Coordinating Board, not later than August 1, 2002.  

SECTION 3. Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. Amends As Filed S.B. 263, Section 51.949, Education Code, as
follows: 

 _Deletes previously proposed language regarding a written policy
regulating student  travel located more than five miles from the campus and
replaces it with proposed language regarding reaching an activity located
more than twenty-five miles from the institution. 

 _Adds Subsection (g) regarding a claim or cause of action against an
institution.