HBA-MPM C.S.H.B. 3284 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3284 By: Van de Putte Higher Education 5/6/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Athletic opportunities for men have traditionally been greater than those for women. C.S.H.B. 3284 establishes the women's athletic development fund, administered by the Texas Higher Education Coordinating Board, to help reduce the disparity between women's and men's athletics and to promote equity. This bill additionally expands opportunities to public high school students whose schools, due to economic factors, have limited athletic facilities, programs, and opportunities. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 51, Education Code, by adding Subchapter V, as follows: SUBCHAPTER V. WOMEN'S ATHLETIC DEVELOPMENT FUND Sec. 51.831. DEFINITIONS. Defines for the purpose of this subchapter the following terms: "board," "fund," and "institution of higher education." Sec. 51.832. ADMINISTRATION OF FUND. Provides that the women's athletic development fund is in the state treasury. Requires the Texas Higher Education Board (board) to administer the fund. Sec. 51.833. USE OF FUND. Requires the board to allocate money in the fund to institutions of higher education to support women's athletic development programs operated by the institution on a collaborative basis with one or more public high schools in this state. Sec. 51.834. CRITERIA IN SELECTING PROGRAMS. Requires the board, in selecting which programs may be provided with money from the funds, to give priority to programs addressing the needs of public high school students whose economic conditions limit their access to athletic facilities, programs, and opportunities. Requires the board to consider other relevant factors, including whether the program promotes gender equity, includes the participation of collegiate-level coaches and athletes to the extent that participation is allowed by the rules of the national intercollegiate athletic association of which the institution operating the program is a member, and has a history of increasing athletic opportunities. Sec. 51.835. FUNDING. Prohibits the board from implementing this subchapter unless money is specifically appropriated for that purpose. SECTION 2. Requires the board to conduct a best practices study of women's athletic development programs currently operated by public institutions of higher education in Texas and other states. Requires the board to make its findings and recommendations available no later than December 1, 2000, in a report to the legislature and to public institutions of higher education in this state. Requires the report to include an analysis of the effect of the programs studied under this section on subsequent student enrollment in and academic performance at public and private institutions of higher education. SECTION 3. Effective date: September 1, 1999, but only if a specific appropriation for the implementation of this Act or Subchapter V, Chapter 51, Education Code, as added by this Act, is provided in H.B. 1 (General Appropriations Act), Acts of the 76th Legislature, Regular Session, 1999. Provides that if no specific appropriation is made, this Act has no effect. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3284 differs from the original by replacing the caption "relating to the establishment of the women's athletic development fund" with "relating to the establishment and use of a women's athletic development fund and a study of women's athletic development practices at institutions of higher education." C.S.H.B. 3284 differs from the original in SECTION 1 by adding Subchapter V, rather than Subchapter T, to Chapter 51, Education Code, and making the following modifications to this proposed subchapter: Sec. 51.831. Redesignated from Section 51.851 of the original. Makes no change. Sec. 51.832. Redesignated from Section 51.852 of the original. New title: Administration of Fund. The substitute specifies that the women's athletic development fund (fund) is in the state treasury. Sec. 51.833. Redesignated from Section 51.853 of the original. The substitute requires the Texas Higher Education Coordinating Board (board) to allocate money in the fund to institutions of higher education to support, rather than for the establishment of, women's athletic development programs. Sec. 51.834. Redesignated from Section 51.854 of the original. The substitute requires the board, in providing funding for certain programs, to give priority to those addressing the needs of public high school students, rather than public school students, whose economic conditions limit their access to, rather than the availability of, athletic facilities, programs, and opportunities. The substitute also requires the board, when considering relevant factors set forth in this section, to consider whether a program includes the participation of collegiate-level coaches and athletes, to the extent the participation is allowed by the rules of the national intercollegiate athletic association of which the institution operating the program is a member. The substitute adds new Section 51.835 (Funding), which prohibits the board from implementing this subchapter unless money specifically appropriated for that purpose is appropriated. The substitute modifies SECTION 2 of the original to specify that the institutions of higher education to be evaluated by the study set forth in this section are public institutions. Requires the report described in this section to include an analysis of the effect of the programs studied under this section on subsequent enrollment, rather than "enrollment," in and academic performance at public or private institutions, rather than "institutions," of higher education. Makes a nonsubstantive change. In SECTION 3, the substitute specifies that the effective date of September 1, 1999 applies only if certain appropriations are made for the implementation of this Act or of Subchapter V, Chapter 51, Education Code, as added by this Act. Provides that this Act has no effect if no appropriation is provided.