| 1 | 1 | | 81R9908 KEL-F |
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| 2 | 2 | | By: Castro H.B. No. 1723 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a requirement that higher education students wear |
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| 8 | 8 | | reflective clothing or gear while participating in nighttime |
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| 9 | 9 | | athletic events or activities; providing a penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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| 12 | 12 | | amended by adding Section 51.9505 to read as follows: |
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| 13 | 13 | | Sec. 51.9505. REFLECTIVE CLOTHING REQUIRED FOR NIGHTTIME |
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| 14 | 14 | | ATHLETIC EVENTS OR ACTIVITIES. (a) In this section, "institution |
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| 15 | 15 | | of higher education" and "private or independent institution of |
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| 16 | 16 | | higher education" have the meanings assigned by Section 61.003. |
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| 17 | 17 | | (b) Each institution of higher education and each private or |
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| 18 | 18 | | independent institution of higher education shall require students |
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| 19 | 19 | | to wear reflective clothing or gear that meets or exceeds the |
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| 20 | 20 | | minimum standards prescribed under Subsection (g) while the |
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| 21 | 21 | | students are participating in a nighttime athletic event or |
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| 22 | 22 | | activity, including a training or practice activity, that is |
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| 23 | 23 | | sponsored or organized by an institution of higher education or |
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| 24 | 24 | | private or independent institution of higher education or by an |
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| 25 | 25 | | intercollegiate organization or association in this state or |
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| 26 | 26 | | another state. |
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| 27 | 27 | | (c) The requirement of Subsection (b) does not apply to any |
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| 28 | 28 | | nighttime athletic event or activity that occurs indoors or within |
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| 29 | 29 | | a lighted athletic facility. |
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| 30 | 30 | | (d) An institution that knowingly violates this section is |
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| 31 | 31 | | subject to a civil penalty in an amount not to exceed the greater |
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| 32 | 32 | | of: |
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| 33 | 33 | | (1) $1,000 for each violation; or |
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| 34 | 34 | | (2) $10,000. |
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| 35 | 35 | | (e) Each day that a violation continues or occurs is a |
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| 36 | 36 | | separate violation for purposes of imposing a penalty under this |
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| 37 | 37 | | section. |
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| 38 | 38 | | (f) The attorney general may sue to collect a civil penalty |
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| 39 | 39 | | under this section. In the suit the attorney general may recover, |
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| 40 | 40 | | on behalf of the state, the reasonable expenses incurred in |
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| 41 | 41 | | obtaining the penalty, including investigation and court costs, |
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| 42 | 42 | | reasonable attorney's fees, witness fees, and other expenses. |
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| 43 | 43 | | (g) The Texas Higher Education Coordinating Board shall |
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| 44 | 44 | | adopt under this section rules prescribing minimum standards for |
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| 45 | 45 | | the types of reflective clothing or gear to be worn by students and |
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| 46 | 46 | | for the types of nighttime athletic events or activities during |
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| 47 | 47 | | which reflective clothing or gear must be worn. |
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| 48 | 48 | | SECTION 2. (a) Section 51.9505, Education Code, as added by |
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| 49 | 49 | | this Act, applies to participation in nighttime athletic events or |
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| 50 | 50 | | activities by students enrolled at public institutions of higher |
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| 51 | 51 | | education or private or independent institutions of higher |
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| 52 | 52 | | education during a semester or summer session that begins on or |
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| 53 | 53 | | after August 1, 2010. |
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| 54 | 54 | | (b) Not later than June 1, 2010, the Texas Higher Education |
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| 55 | 55 | | Coordinating Board shall adopt rules in accordance with Section |
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| 56 | 56 | | 51.9505, Education Code, as added by this Act, prescribing minimum |
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| 57 | 57 | | standards for the types of reflective clothing or gear to be worn |
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| 58 | 58 | | during nighttime athletic events or activities. |
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| 59 | 59 | | SECTION 3. This Act takes effect immediately if it receives |
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| 60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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| 61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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| 63 | 63 | | Act takes effect September 1, 2009. |
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