TEXAS LEGISLATURE REQUIRES RISK MANAGEMENT TRAINING FOR STUDENT ORGANIZATIONS

James A. Tate, Summer Law, Clerk at Manley Burke

The Texas Legislature unanimously passed a bill requiring advisors and designated officers of student organizations at institutes of higher education to attend annual risk management training beginning with the 2008 fall semester. The risk management program must address: (1) possession and use of drugs and alcoholic beverages; (2) hazing; (3) sexual abuse and harassment; (4) fire and other safety issues; (5) travel; (6) behavior at parties and other events; and (7) adoption by the organization of a risk management policy. Each officer or advisor required to attend must report on the program’s contents at a meeting of the full membership of the student organization he or she represents.

The Act, 2007 Texas House Bill No. 2639, applies to all public and private postsecondary educational institutions, except for health-related institutions and exclusively graduate-level private institutions. At least once during each academic year, postsecondary institutions must provide a risk management program for members of registered student organizations. All student organizations must send representatives to the training program unless the institution has opted to specify individual organizations or classes of organizations that “could particularly benefit from risk management guidance.” Student members who are not required to attend training may do so as well.

The institution may designate at most four officers from each organization that are required to attend training every year, “such as the president, membership chair, risk management chair, social chair, or pledge class or new member chair.” The institution shall designate equivalent officer positions if otherwise designated positions are vacant.

Advisors to student organizations, defined as persons over 21 years who are not students at the same institution and who provide guidance to the student organization, are required to attend training if they have not done so before, or may complete “an appropriate computer-based risk assessment program.”

The Act also requires the Texas Department of Insurance to conduct a study concerning the levels and types of insurance coverage fraternities at Texas institutions of higher education are required to carry by their chartering organizations, the availability and affordability of such insurance, and whether such insurance is available through authorized insurers or independently procured insurance contracts. The Texas Department of Insurance is required to submit a report to the governor, lieutenant governor, the speaker of the House of Representatives, and legislative committees having jurisdiction over insurance and higher education.

Source: 2007 TX H.B. 2639 (NS)(West, May 24, 2007)