80R9292 CAS/KCR-D

By: Duncan S.B. No. 1138

A BILL TO BE ENTITLED

AN ACT

relating to risk management programs for members of fraternities and other student organizations at public and private postsecondary educational institutions and to certain insurance requirements for fraternities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.9361 to read as follows:

Sec. 51.9361. RISK MANAGEMENT PROGRAMS FOR MEMBERS OF FRATERNITIES AND OTHER STUDENT ORGANIZATIONS. (a) In this section:

(1) "Pledge" means a person who has been accepted by or is in the process of qualifying for membership in a fraternity.

(2) "Postsecondary educational institution" has the meaning assigned by Section 51.936.

(b) This section applies only to a fraternity that is registered at a postsecondary educational institution and that is composed mostly of students enrolled at the institution. Notwithstanding Section 1.001(a), this section applies to each postsecondary educational institution at which is registered one or more fraternities.

(c) Not later than the 30th day after the first day of the fall semester of each academic year, a postsecondary educational institution shall provide a risk management program for members of fraternities and of any other student organization registered at the institution. Each current officer, advisor, and pledge of a fraternity and any current fraternity member who has not previously attended a program provided under this section must attend the program. A member of any other student organization registered at the institution may attend the program.

(d) A program under this section may address any issue determined by the postsecondary educational institution and must address:

(1) possession and use of alcoholic beverages and illegal drugs, including penalties that may be imposed for possession or use;

(2) hazing;

(3) sexual abuse and harassment;

(4) fire and other safety issues, including the possession and use of a firearm or other weapon or of an explosive device;

(5) conduct of parties and other events held by a fraternity or other student organization; and

(6) adoption by a fraternity or other student organization of a risk management policy.

(e) A postsecondary educational institution shall:

(1) provide notice of a program provided under this section to each student organization registered at the institution; and

(2) include in the notice information concerning persons associated with a fraternity who are required under this section to attend the program.

(f) A postsecondary educational institution shall take attendance at a program provided under this section and shall, until at least the fifth anniversary of the date of the program, maintain a record of that attendance and of notice provided under Subsection (e).

SECTION 2. (a) The Texas Department of Insurance shall conduct a study concerning:

(1) the levels and types of insurance coverage fraternities at institutions of higher education in this state are required to carry by the fraternities' chartering or national organizations;

(2) the availability and affordability of the levels and types of insurance coverage described by Subdivision (1) of this subsection; and

(3) whether the levels and types of insurance coverage described by Subdivision (1) of this subsection are available in this state under:

(A) insurance policies issued by insurers authorized to engage in the business of insurance in this state or by eligible surplus lines insurers; or

(B) independently procured contracts of insurance.

(b) Not later than January 1, 2009, the Texas Department of Insurance shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing committees in the senate and the house of representatives that have jurisdiction over insurance and higher education a written report summarizing the results of the study conducted under Subsection (a) of this section.

SECTION 3. Section 51.9361, Education Code, as added by this Act, applies to a risk management program at public and private postsecondary educational institutions beginning with the 2008 fall semester.

SECTION 4. This Act takes effect September 1, 2007.