HBA-LJP S.B. 903 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 903
By: Van de Putte
Higher Education
5/18/2001
Engrossed



BACKGROUND AND PURPOSE 

In 1972, the United States Congress passed Title IX to prohibit
gender-based discrimination in any education program or activity receiving
federal financial assistance.  Historically, athletic programs at high
schools and institutions of higher education (institution) have been
designed primarily for men and consequently, many current athletic programs
for women receive less funding than athletic programs for men.  Providing
funding to athletic development programs for women at institutions may help
to realize the gender-equity goal of Title IX.  Senate Bill 903 establishes
the women's athletic development fund to support women's athletic
development programs that are operated by institutions on a collaborative
basis with one or more public high schools in this state. 

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 903 amends the Education Code to establish the women's athletic
development fund (fund) in the state treasury to support women's athletic
development programs that are operated by institutions of higher education
(institution) on a collaborative basis with one or more public high schools
in this state.  The bill requires the Texas Higher Education Coordinating
Board (THECB) to administer the fund and allocate money in the fund to
institutions. 

The bill requires THECB 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 when selecting
institutions to support with the fund.  The bill requires THECB to consider
whether a program promotes gender equality, includes participation of
collegiate-level coaches and athletes, and other relevant factors. 

The bill prohibits THECB from accepting legislative appropriations for the
fund for the state fiscal biennium ending August 31, 2003.  The bill
authorizes THECB to use any available revenue and to solicit and accept
gifts, grants, and donations from a public or private source for the fund. 

The bill requires THECB to conduct a best practices study of women's
athletic development programs operated by public institutions in this state
and other states and report the findings and recommendations no later than
December 1, 2002 to the legislature and to public institutions of this
state.  The bill requires that the report include an analysis of the
effects of programs allocated money from the fund on subsequent student
enrollment in and academic performance at public or private institutions. 

EFFECTIVE DATE

September 1, 2001.