78R1858 JRJ-D

By:  Hochberg                                                     H.B. No. 256



A BILL TO BE ENTITLED

AN ACT

relating to excused absences for religious holy days for students 
in institutions of higher education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 51.911(b), Education Code, is amended to 
read as follows:
	(b)  An institution of higher education shall excuse a 
student from attending [allow a student who is absent from] classes 
or other required activities, including examinations, for the 
observance of a religious holy day, including travel for that 
purpose.  A student whose absence is excused under this subsection 
may not be penalized for that absence and shall be allowed to take 
an examination or complete an assignment from which the student is 
excused [scheduled for that day] within a reasonable time after the 
absence [if, not later than the 15th day after the first day of the 
semester, the student notified the instructor of each class the 
student had scheduled on that date that the student would be absent 
for a religious holy day].
	SECTION 2.  Section 51.911(c), Education Code, is repealed.                    
	SECTION 3.  (a) Sections 1 and 2 of this Act apply beginning 
with the 2003 fall semester.
	(b)  The Texas Higher Education Coordinating Board shall 
adopt rules for the administration of Section 51.911(b), Education 
Code, as amended by this Act, or amend its existing rules for that 
purpose as soon as practicable after this Act takes effect.  Before 
October 1, 2003, the coordinating board may adopt or amend the rules 
in the manner provided by law for emergency rules.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.