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A BILL TO BE ENTITLED
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AN ACT
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relating to risk management programs for members of fraternities |
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and other student organizations at public and private postsecondary |
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educational institutions and to certain insurance requirements for |
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fraternities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9361 to read as follows: |
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Sec. 51.9361. RISK MANAGEMENT PROGRAMS FOR MEMBERS OF |
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FRATERNITIES AND OTHER STUDENT ORGANIZATIONS. (a) In this |
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section: |
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(1) "Pledge" means a person who has been accepted by or |
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is in the process of qualifying for membership in a fraternity. |
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(2) "Postsecondary educational institution" has the |
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meaning assigned by Section 51.936. |
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(b) This section applies only to a fraternity that is |
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registered at a postsecondary educational institution and that is |
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composed mostly of students enrolled at the institution. |
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Notwithstanding Section 1.001(a), this section applies to each |
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postsecondary educational institution at which is registered one or |
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more fraternities. |
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(c) Not later than the 30th day after the first day of the |
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fall semester of each academic year, a postsecondary educational |
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institution shall provide a risk management program for members of |
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fraternities and of any other student organization registered at |
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the institution. Each current officer, advisor, and pledge of a |
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fraternity and any current fraternity member who has not previously |
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attended a program provided under this section must attend the |
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program. A member of any other student organization registered at |
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the institution may attend the program. |
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(d) A program under this section may address any issue |
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determined by the postsecondary educational institution and must |
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address: |
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(1) possession and use of alcoholic beverages and |
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illegal drugs, including penalties that may be imposed for |
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possession or use; |
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(2) hazing; |
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(3) sexual abuse and harassment; |
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(4) fire and other safety issues, including the |
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possession and use of a firearm or other weapon or of an explosive |
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device; |
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(5) conduct of parties and other events held by a |
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fraternity or other student organization; and |
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(6) adoption by a fraternity or other student |
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organization of a risk management policy. |
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(e) A postsecondary educational institution shall: |
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(1) provide notice of a program provided under this |
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section to each student organization registered at the institution; |
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and |
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(2) include in the notice information concerning |
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persons associated with a fraternity who are required under this |
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section to attend the program. |
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(f) A postsecondary educational institution shall take |
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attendance at a program provided under this section and shall, |
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until at least the fifth anniversary of the date of the program, |
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maintain a record of that attendance and of notice provided under |
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Subsection (e). |
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SECTION 2. (a) The Texas Department of Insurance shall |
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conduct a study concerning: |
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(1) the levels and types of insurance coverage |
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fraternities at institutions of higher education in this state are |
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required to carry by the fraternities' chartering or national |
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organizations; |
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(2) the availability and affordability of the levels |
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and types of insurance coverage described by Subdivision (1) of |
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this subsection; and |
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(3) whether the levels and types of insurance coverage |
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described by Subdivision (1) of this subsection are available in |
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this state under: |
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(A) insurance policies issued by insurers |
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authorized to engage in the business of insurance in this state or |
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by eligible surplus lines insurers; or |
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(B) independently procured contracts of |
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insurance. |
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(b) Not later than January 1, 2009, the Texas Department of |
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Insurance shall submit to the governor, the lieutenant governor, |
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the speaker of the house of representatives, and the standing |
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committees in the senate and the house of representatives that have |
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jurisdiction over insurance and higher education a written report |
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summarizing the results of the study conducted under Subsection (a) |
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of this section. |
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SECTION 3. Section 51.9361, Education Code, as added by |
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this Act, applies to a risk management program at public and private |
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postsecondary educational institutions beginning with the 2008 |
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fall semester. |
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SECTION 4. This Act takes effect September 1, 2007. |