82R9922 CAS-D

By: Castro H.B. No. 2535

A BILL TO BE ENTITLED

AN ACT

relating to a requirement that middle, junior high, and high school and higher education students wear reflective clothing or gear while participating in nighttime athletic events or activities; providing penalties.

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

SECTION 1. Subchapter D, Chapter 33, Education Code, is amended by adding Section 33.090 to read as follows:

Sec. 33.090. REFLECTIVE CLOTHING REQUIRED FOR NIGHTTIME ATHLETIC EVENTS OR ACTIVITIES. (a) In this section, "private school" does not include a home school.

(b) Each school district, open-enrollment charter school, and private school that provides instruction to students at the secondary level shall require middle, junior high, or high school students, as applicable, to wear reflective clothing or gear that meets or exceeds the minimum standards prescribed under Subsection (g) while the students are participating in a nighttime athletic event or activity, including a training or practice activity, that is sponsored or sanctioned by a district, charter school, or private school, by the University Interscholastic League, or by the Texas Association of Private and Parochial Schools or a successor organization to that association.

(c) The requirement under Subsection (b) does not apply to any nighttime athletic event or activity that occurs indoors or within a lighted athletic facility.

(d) A school district, open-enrollment charter school, private school, or interscholastic organization that knowingly violates this section is subject to a civil penalty in an amount not to exceed the greater of:

(1) $1,000 for each violation; or

(2) $10,000.

(e) Each day that a violation continues or occurs is a separate violation for purposes of imposing a penalty under this section.

(f) The attorney general may sue to collect a civil penalty under this section. In the suit the attorney general may recover, on behalf of the state, the reasonable expenses incurred in obtaining the penalty, including investigation and court costs, reasonable attorney's fees, witness fees, and other expenses.

(g) The commissioner shall adopt under this section rules prescribing minimum standards for the types of reflective clothing or gear to be worn by students and for the types of nighttime athletic events or activities during which reflective clothing or gear must be worn.

SECTION 2. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.9505 to read as follows:

Sec. 51.9505. REFLECTIVE CLOTHING REQUIRED FOR NIGHTTIME ATHLETIC EVENTS OR ACTIVITIES. (a) In this section, "institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003.

(b) Each institution of higher education and each private or independent institution of higher education shall require students to wear reflective clothing or gear that meets or exceeds the minimum standards prescribed under Subsection (g) while the students are participating in a nighttime athletic event or activity, including a training or practice activity, that is sponsored or organized by an institution of higher education or private or independent institution of higher education or by an intercollegiate organization or association in this state or another state.

(c) The requirement under Subsection (b) does not apply to any nighttime athletic event or activity that occurs indoors or within a lighted athletic facility.

(d) An institution that knowingly violates this section is subject to a civil penalty in an amount not to exceed the greater of:

(1) $1,000 for each violation; or

(2) $10,000.

(e) Each day that a violation continues or occurs is a separate violation for purposes of imposing a penalty under this section.

(f) The attorney general may sue to collect a civil penalty under this section. In the suit the attorney general may recover, on behalf of the state, the reasonable expenses incurred in obtaining the penalty, including investigation and court costs, reasonable attorney's fees, witness fees, and other expenses.

(g) The Texas Higher Education Coordinating Board shall adopt under this section rules prescribing minimum standards for the types of reflective clothing or gear to be worn by students and for the types of nighttime athletic events or activities during which reflective clothing or gear must be worn.

SECTION 3. (a) Section 33.090, Education Code, as added by this Act, applies beginning with the 2012-2013 school year.

(b) Not later than June 1, 2012, the commissioner of education shall adopt rules in accordance with Section 33.090, Education Code, as added by this Act, prescribing minimum standards for the types of reflective clothing or gear to be worn by students during nighttime athletic events or activities.

SECTION 4. (a) Section 51.9505, Education Code, as added by this Act, applies to participation in nighttime athletic events or activities by students enrolled at public institutions of higher education or private or independent institutions of higher education during a semester or summer session that begins on or after August 1, 2012.

(b) Not later than June 1, 2012, the Texas Higher Education Coordinating Board shall adopt rules in accordance with Section 51.9505, Education Code, as added by this Act, prescribing minimum standards for the types of reflective clothing or gear to be worn by students during nighttime athletic events or activities.

SECTION 5. 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, 2011.