By:  Ogden                                             S.B. No. 263
                                A BILL TO BE ENTITLED
 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.