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.