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.
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