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  H.B. No. 2639
 
 
 
 
AN ACT
  relating to risk management programs for members and advisors of
  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 AND
  ADVISORS OF STUDENT ORGANIZATIONS.  (a)  In this section:
               (1)  "Advisor" means a person who:
                     (A)  serves in an advisory capacity to a student
  organization to provide guidance to the organization and its
  members;
                     (B)  is older than 21 years of age; and
                     (C)  is not a student of the postsecondary
  educational institution at which the student organization is
  registered.
               (2)  "Postsecondary educational institution" means:
                     (A)  an institution of higher education as defined
  by Section 61.003, except that the term does not include a medical
  and dental unit or other agency of higher education as those terms
  are defined by that section; and
                     (B)  a private or independent institution of
  higher education as defined by Section 61.003, except that the term
  does not include:
                           (i)  a health-related institution; or
                           (ii)  an institution that offers only
  upper-division, graduate-level, or professional courses.
         (b)  This section applies only to a student organization 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 student organizations.
         (c)  At least once during each academic year, a postsecondary
  educational institution shall provide a risk management program for
  members of student organizations registered at the institution.  
  Any member of a student organization who is not otherwise required
  to attend may attend the program.
         (d)  Unless a postsecondary educational institution requires
  each student organization registered at the institution to have
  representatives of the organization attend a program under this
  section, the institution shall adopt a policy that specifies one or
  more of those student organizations or types of student
  organizations that are required to have representatives attend.  
  The selection of student organizations or types of student
  organizations under the policy must be based on the institution's
  determination that those organizations or types of organizations
  could particularly benefit from risk management guidance.  Each
  advisor who has not previously attended a program under this
  section and each person serving in a designated officer position of
  a student organization that is required to have representatives
  attend a program under this section shall attend the program.  An
  institution may allow an advisor, other than a faculty or staff
  member of the institution, to satisfy the attendance requirements
  prescribed by this subsection through completion of an appropriate
  computer-based risk assessment program.
         (e)  For purposes of Subsection (d), the institution may
  designate not more than four officer positions of a student
  organization, such as the president, membership chair, risk
  management chair, social chair, or pledge class or new member
  chair.  If a student organization does not have an officer position
  described by this subsection or if an officer position described by
  Subsection (d) is vacant, the institution shall, to the extent
  practicable, identify and designate an equivalent officer
  position, and the person serving in that officer position shall
  attend the program.
         (f)  Each advisor or officer required by Subsection (d) to
  attend a program shall report on the program's contents at a meeting
  of the full membership of the student organization the advisor or
  officer represented at the program.
         (g)  A program under this section may address any issue
  determined appropriate 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)  travel to a destination outside the area in which
  the institution is located;
               (6)  behavior at parties and other events held by a
  student organization; and
               (7)  adoption by a student organization of a risk
  management policy.
         (h)  A postsecondary educational institution shall provide
  notice of a program under this section to student organizations in
  the manner determined by the institution.
         (i)  A postsecondary educational institution shall take
  attendance at a program provided under this section in the manner
  determined appropriate by the institution and may, as provided by a
  policy adopted by the institution, impose reasonable sanctions on a
  person who is required to attend the program and fails to attend.  
  The institution shall, until at least the third anniversary of the
  date of the program, maintain in an appropriate location at the
  institution a record of that attendance and of notice provided
  under Subsection (h).
         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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2639 was passed by the House on May 2,
  2007, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2639 on May 23, 2007, by the following vote:  Yeas 143, Nays 0,
  3 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2639 was passed by the Senate, with
  amendments, on May 18, 2007, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor