Bill Text: TX HB2535 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-24 - Left pending in committee [HB2535 Detail]
Download: Texas-2011-HB2535-Introduced.html
82R9922 CAS-D | ||
By: Castro | H.B. No. 2535 |
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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. |