1-1 By: Ogden S.B. No. 263 1-2 (In the Senate - Filed January 17, 2001; January 22, 2001, 1-3 read first time and referred to Committee on Education; 1-4 March 1, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 9, Nays 0; March 1, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 263 By: Staples 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to a written policy regulating certain travel by students 1-11 enrolled at public institutions of higher education. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter Z, Chapter 51, Education Code, is 1-14 amended by adding Section 51.949 to read as follows: 1-15 Sec. 51.949. POLICY REGULATING STUDENT TRAVEL. (a) In this 1-16 section, "governing board" and "institution of higher education" 1-17 have the meanings assigned by Section 61.003. 1-18 (b) Each governing board of an institution of higher 1-19 education shall adopt a policy regulating travel that is undertaken 1-20 by one or more students presently enrolled at the institution to 1-21 reach an activity or event that is located more than 25 miles from 1-22 the institution that is organized and sponsored by the institution 1-23 and that is: 1-24 (1) funded by the institution, and the travel is 1-25 undertaken using a vehicle owned or leased by the institution; or 1-26 (2) required by a student organization registered at 1-27 the institution. 1-28 (c) The governing board shall seek advice and comment from 1-29 the faculty and students of the institution before adopting any 1-30 policy under this section. 1-31 (d) The policy must contain provisions that address: 1-32 (1) different modes of travel likely to be used by 1-33 students; and 1-34 (2) safety issues related to student travel, 1-35 including: 1-36 (A) use of seat belts or other safety devices; 1-37 (B) passenger capacity; and 1-38 (C) for the person providing transportation 1-39 services: 1-40 (i) qualifications and training required 1-41 to operate that particular mode of travel; and 1-42 (ii) fatigue at the time of travel. 1-43 (e) The governing board shall make the policy available to 1-44 the public by publishing the policy in the institution's catalog 1-45 and by any other method the board considers appropriate. 1-46 (f) The governing board shall file a copy of the policy 1-47 adopted under this section, and any amendments to that policy, with 1-48 the Texas Higher Education Coordinating Board. 1-49 (g) This section does not create a claim or cause of action 1-50 against an institution of higher education beyond a claim or cause 1-51 of action authorized on the effective date of the Act that enacted 1-52 this section by Chapter 101, Civil Practice and Remedies Code. 1-53 SECTION 2. (a) This Act applies to travel by students 1-54 enrolled at institutions of higher education during a semester or 1-55 summer session that begins on or after August 1, 2002. 1-56 (b) Not later than January 1, 2002, each governing board of 1-57 an institution of higher education shall adopt the student travel 1-58 policy required by Section 51.949, Education Code, as added by this 1-59 Act, and not later than August 1, 2002, shall file a copy of the 1-60 policy with the Texas Higher Education Coordinating Board. 1-61 SECTION 3. This Act takes effect immediately if it receives 1-62 a vote of two-thirds of all the members elected to each house, as 1-63 provided by Section 39, Article III, Texas Constitution. If this 1-64 Act does not receive the vote necessary for immediate effect, this 2-1 Act takes effect September 1, 2001. 2-2 * * * * *