1-1 AN ACT 1-2 relating to a written policy regulating certain travel by students 1-3 enrolled at public institutions of higher education. 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 51.949 to read as follows: 1-7 Sec. 51.949. POLICY REGULATING STUDENT TRAVEL. (a) In this 1-8 section, "governing board" and "institution of higher education" 1-9 have the meanings assigned by Section 61.003. 1-10 (b) Each governing board of an institution of higher 1-11 education shall adopt a policy regulating travel that is undertaken 1-12 by one or more students presently enrolled at the institution to 1-13 reach an activity or event that is located more than 25 miles from 1-14 the institution that is organized and sponsored by the institution 1-15 and that is: 1-16 (1) funded by the institution, and the travel is 1-17 undertaken using a vehicle owned or leased by the institution; or 1-18 (2) required by a student organization registered at 1-19 the institution. 1-20 (c) The governing board shall seek advice and comment from 1-21 the faculty and students of the institution before adopting any 1-22 policy under this section. 1-23 (d) The policy must contain provisions that address: 1-24 (1) different modes of travel likely to be used by 1-25 students; and 2-1 (2) safety issues related to student travel, 2-2 including: 2-3 (A) use of seat belts or other safety devices; 2-4 (B) passenger capacity; and 2-5 (C) for the person providing transportation 2-6 services: 2-7 (i) qualifications and training required 2-8 to operate that particular mode of travel; and 2-9 (ii) fatigue at the time of travel. 2-10 (e) The governing board shall make the policy available to 2-11 the public by publishing the policy in the institution's catalog 2-12 and by any other method the board considers appropriate. 2-13 (f) The governing board shall file a copy of the policy 2-14 adopted under this section, and any amendments to that policy, with 2-15 the Texas Higher Education Coordinating Board. 2-16 (g) This section does not create a claim or cause of action 2-17 against an institution of higher education beyond a claim or cause 2-18 of action authorized on the effective date of the Act that enacted 2-19 this section by Chapter 101, Civil Practice and Remedies Code. 2-20 SECTION 2. (a) This Act applies to travel by students 2-21 enrolled at institutions of higher education during a semester or 2-22 summer session that begins on or after August 1, 2002. 2-23 (b) Not later than January 1, 2002, each governing board of 2-24 an institution of higher education shall adopt the student travel 2-25 policy required by Section 51.949, Education Code, as added by this 2-26 Act, and not later than August 1, 2002, shall file a copy of the 3-1 policy with the Texas Higher Education Coordinating Board. 3-2 SECTION 3. This Act takes effect immediately if it receives 3-3 a vote of two-thirds of all the members elected to each house, as 3-4 provided by Section 39, Article III, Texas Constitution. If this 3-5 Act does not receive the vote necessary for immediate effect, this 3-6 Act takes effect September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 263 passed the Senate on March 8, 2001, by the following vote: Yeas 30, Nays 0, one present, not voting. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 263 passed the House on May 23, 2001, by the following vote: Yeas 145, Nays 0, two present, not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor