By: Hochberg, et al. (Senate Sponsor - Shapiro) H.B. No. 256
(In the Senate - Received from the House April 14, 2003;
April 22, 2003, read first time and referred to Subcommittee on
Higher Education; May 22, 2003, reported to Committee on Education;
May 23, 2003, reported favorably by the following vote: Yeas 7,
Nays 0; May 23, 2003, sent to printer.)
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 Section 51.911(c), Education Code, is repealed.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.
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