HBA-AMW S.B. 31 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 31
By: Zaffirini
Higher Education
3/18/2001
Engrossed



BACKGROUND AND PURPOSE 

Bacterial meningitis is a contagious and potentially severe infection
spread by direct contact, such as coughing, sneezing, kissing, and
immediate sharing of unwashed eating utensils.  Currently, dormitory
residents and schoolchildren may be at a higher risk for contracting
bacterial meningitis because of crowded conditions in living and learning
environments as well as a lack of information about the disease and how it
spreads.  Senate Bill 31 requires institutions of higher education and
school districts to provide students and parents with information regarding
the risks, symptoms, and treatments for bacterial meningitis in a format
that ensures the information is reasonably likely to come to the attention
of each student or the parent of each student. 

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. 

ANALYSIS

Senate Bill 31 amends the Education Code to require the Texas Higher
Education Coordinating Board (board) to prescribe procedures by which each
institution of higher education is required to provide information relating
to bacterial meningitis to new students of the institution.  The procedures
must provide for the information to be provided in a brochure or other
manner so that the information is reasonably likely to come to the
attention of each student.  The bill requires the board to prescribe the
form and content of the information and sets forth what the information
must cover.  The bill requires the board to implement these provisions as
necessary to ensure that the information is provided to new students of
institutions of higher education entering those institutions on or after
January 1, 2002. 

The bill requires the board to consult with the Texas Department of Health
(TDH) in prescribing the content of the information to be provided to
students and to establish an advisory committee to assist the board in the
initial implementation of these provisions.  The bill provides that the
advisory committee must include at least two members who are students at
institutions of higher education.  The bill authorizes the delivery of such
information by alternate means.  The bill requires each institution of
higher education to obtain from each new student of the institution a
confirmation signed or acknowledged by the student that the student has
received the information required to be provided to the student and
requires the institution to retain the confirmation for not less than two
years after the student first enrolls at the institution.  The bill
requires the board and TDH to encourage private or independent institutions
of higher education to provide the information to all new students of those
institutions. 

S.B. 31 requires the Texas Education Agency (TEA) to prescribe procedures
by which each school district is required, beginning with the 2001-2002
school year, to provide information relating to bacterial meningitis to its
students and their parents each school year.  The procedures must ensure
that the information is reasonably likely to come to the attention of the
parents of each student.  The bill requires TEA to prescribe the form and
content of the information and sets forth what the information must cover.
The bill requires TEA to consult with TDH in prescribing the content of
information to be provided to  students and to establish an advisory
committee to assist TEA in the initial implementation of these provisions.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.