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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that higher education students wear |
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reflective clothing or gear while participating in nighttime |
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athletic events or activities; providing a penalty. |
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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 51.9505 to read as follows: |
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Sec. 51.9505. REFLECTIVE CLOTHING REQUIRED FOR NIGHTTIME |
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ATHLETIC EVENTS OR ACTIVITIES. (a) In this section, "institution |
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of higher education" and "private or independent institution of |
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higher education" have the meanings assigned by Section 61.003. |
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(b) Each institution of higher education and each private or |
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independent institution of higher education shall require students |
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to wear reflective clothing or gear that meets or exceeds the |
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minimum standards prescribed under Subsection (g) while the |
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students are participating in a nighttime athletic event or |
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activity, including a training or practice activity, that is |
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sponsored or organized by an institution of higher education or |
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private or independent institution of higher education or by an |
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intercollegiate organization or association in this state or |
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another state. |
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(c) The requirement of Subsection (b) does not apply to any |
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nighttime athletic event or activity that occurs indoors or within |
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a lighted athletic facility. |
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(d) An institution that knowingly violates this section is |
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subject to a civil penalty in an amount not to exceed the greater |
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of: |
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(1) $1,000 for each violation; or |
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(2) $10,000. |
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(e) Each day that a violation continues or occurs is a |
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separate violation for purposes of imposing a penalty under this |
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section. |
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(f) The attorney general may sue to collect a civil penalty |
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under this section. In the suit the attorney general may recover, |
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on behalf of the state, the reasonable expenses incurred in |
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obtaining the penalty, including investigation and court costs, |
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reasonable attorney's fees, witness fees, and other expenses. |
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(g) The Texas Higher Education Coordinating Board shall |
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adopt under this section rules prescribing minimum standards for |
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the types of reflective clothing or gear to be worn by students and |
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for the types of nighttime athletic events or activities during |
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which reflective clothing or gear must be worn. |
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SECTION 2. (a) Section 51.9505, Education Code, as added by |
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this Act, applies to participation in nighttime athletic events or |
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activities by students enrolled at public institutions of higher |
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education or private or independent institutions of higher |
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education during a semester or summer session that begins on or |
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after August 1, 2010. |
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(b) Not later than June 1, 2010, the Texas Higher Education |
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Coordinating Board shall adopt rules in accordance with Section |
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51.9505, Education Code, as added by this Act, prescribing minimum |
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standards for the types of reflective clothing or gear to be worn |
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during nighttime athletic events or activities. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |