84R6955 JSL-D
By: Gutierrez H.B. No. 1895
A BILL TO BE ENTITLED
AN ACT
relating to scholarship and insurance payments for student athletes
at certain public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9246 to read as follows:
Sec. 51.9246. SCHOLARSHIP AND INSURANCE PAYMENTS FOR
CERTAIN STUDENT ATHLETES. (a) In this section, "media rights"
means the rights to media coverage of intercollegiate athletics
included in contracts between intercollegiate athletic conferences
and television networks that generate monetary payments to
individual institutions of higher education.
(b) This section applies only to an institution of higher
education that receives an average of at least $10 million in annual
revenue derived from media rights.
(c) If the athletic program of an institution of higher
education to which this section applies does not renew the athletic
scholarship of a student athlete who suffers an incapacitating
injury or illness resulting from the student athlete's
participation in the athletic program and is determined to be
medically ineligible to participate in intercollegiate athletics,
the institution shall award to the student athlete a scholarship in
an amount that, when combined with the amount of the scholarship
funds previously awarded to the student athlete by the institution,
will cover the costs of tuition and mandatory fees for the student
athlete's enrollment in the institution for a period of four
academic years or the period required for the student athlete to
complete the student athlete's undergraduate degree, whichever
period is shorter. An institution may award a scholarship under
this subsection for a period longer than otherwise required by this
subsection.
(d) The athletic program of an institution of higher
education to which this section applies shall, for the duration of
the period in which a student athlete is participating in the
athletic program, pay premiums for health insurance that covers
claims resulting from the student athlete's participation in the
athletic program for the student athlete if the student athlete's
household income is below the level established by the Texas Higher
Education Coordinating Board for purposes of this subsection.
(e) Subject to Subsection (f), the athletic program of an
institution of higher education to which this section applies shall
pay any deductible required under a student athlete's insurance
policy for a claim made by the student athlete for an injury or
illness resulting from the student athlete's participation in the
athletic program.
(f) If a student athlete participating in an athletic
program of an institution of higher education to which this section
applies suffers an injury or illness resulting from the student
athlete's participation that requires ongoing treatment, the
athletic program shall provide, for the duration of the period in
which the student athlete is enrolled at the institution and for a
period of not less than two years following the student athlete's
graduation or other separation from the institution:
(1) necessary medical treatment at no cost to the
student athlete; or
(2) payment for insurance premiums and any required
deductible under an insurance plan for the student athlete that
covers treatment for the student athlete's injury or illness.
(g) An institution of higher education to which this section
applies may use only revenue derived from media rights to pay a cost
associated with the requirements of this section.
SECTION 2. (a) Section 51.9246(c), Education Code, as
added by this Act, applies beginning with athletic scholarships
awarded by an institution of higher education for the 2015-2016
academic year.
(b) Section 51.9246(d), Education Code, as added by this
Act, applies to insurance premium payments for a student athlete
participating in the athletic program of an institution of higher
education on or after January 1, 2016.
(c) Section 51.9246(e), Education Code, as added by this
Act, applies to an insurance claim made by a student athlete on or
after the effective date of this Act.
(d) Section 51.9246(f), Education Code, as added by this
Act, applies to an injury or illness that occurs on or after the
effective date of this Act.
SECTION 3. Not later than December 31, 2015, the Texas
Higher Education Coordinating Board shall establish the threshold
household income to be used for purposes of Section 51.9246(d),
Education Code, as added by this Act.
SECTION 4. 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, 2015.