| 1 | 1 | | 81R4157 KKA-D |
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| 2 | 2 | | By: Corte H.B. No. 1829 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to participation by private school students in University |
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| 8 | 8 | | Interscholastic League sponsored activities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 33, Education Code, is |
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| 11 | 11 | | amended by adding Section 33.0831 to read as follows: |
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| 12 | 12 | | Sec. 33.0831. PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC |
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| 13 | 13 | | LEAGUE ACTIVITIES. (a) In this section, "private school" has the |
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| 14 | 14 | | meaning assigned by Section 39.033(d). |
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| 15 | 15 | | (b) The University Interscholastic League may not deny a |
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| 16 | 16 | | school or its students the opportunity to become a member of the |
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| 17 | 17 | | league or otherwise discriminate against a school or its students |
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| 18 | 18 | | because the school is a private school. |
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| 19 | 19 | | (c) This section does not exempt a private school or its |
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| 20 | 20 | | students from satisfying each rule or eligibility requirement |
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| 21 | 21 | | imposed by this subchapter or the league for participating in an |
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| 22 | 22 | | activity or league district sponsored by the league. |
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| 23 | 23 | | (d) A private school seeking to participate in a league |
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| 24 | 24 | | activity or to become a member of a league district shall apply to |
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| 25 | 25 | | the league on a signed form prescribed by the league. The private |
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| 26 | 26 | | school must certify its eligibility under this subchapter and |
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| 27 | 27 | | league rules in the application and must attach proof of |
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| 28 | 28 | | accreditation. The league may not impose eligibility requirements |
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| 29 | 29 | | for private schools that exceed the requirements of this subchapter |
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| 30 | 30 | | or league rules for public schools or require proof of eligibility |
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| 31 | 31 | | that exceeds the proof required of public schools. On approval of |
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| 32 | 32 | | an application, the league shall issue a certificate of approval to |
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| 33 | 33 | | the applicant school. The application and certificate of approval |
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| 34 | 34 | | are governmental records for purposes of Section 37.10, Penal Code. |
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| 35 | 35 | | (e) To determine the appropriate league district in which an |
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| 36 | 36 | | eligible private school will participate, the league must multiply |
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| 37 | 37 | | the private school's enrollment by two and place the private school |
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| 38 | 38 | | in an appropriate league district based on that enrollment figure, |
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| 39 | 39 | | provided that the private school is placed in a league district not |
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| 40 | 40 | | lower than the 4A level. |
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| 41 | 41 | | (f) For each league activity in which competition results in |
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| 42 | 42 | | a state championship or state-level award, the league shall |
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| 43 | 43 | | structure the competition by dividing the competitors at an |
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| 44 | 44 | | appropriate point in the competition into public school and private |
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| 45 | 45 | | school brackets or divisions so that at each relevant level of |
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| 46 | 46 | | competition a public school is designated as public school champion |
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| 47 | 47 | | or award recipient and a private school is designated as private |
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| 48 | 48 | | school champion or award recipient. |
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| 49 | 49 | | (g) The league may adopt rules designed to discourage an |
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| 50 | 50 | | eligible private school from recruiting any student to attend the |
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| 51 | 51 | | school for the purpose of participating in a league activity. A |
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| 52 | 52 | | rule adopted under this subsection may not be designed to |
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| 53 | 53 | | discriminate against an eligible private school. |
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| 54 | 54 | | (h) To be eligible under this section, a private school |
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| 55 | 55 | | must: |
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| 56 | 56 | | (1) be accredited by an accrediting organization |
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| 57 | 57 | | recognized by the agency; |
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| 58 | 58 | | (2) not have had its ability or eligibility to |
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| 59 | 59 | | participate in an association similar to the league compromised, |
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| 60 | 60 | | revoked, or suspended for violating the rules or codes of that |
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| 61 | 61 | | association; |
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| 62 | 62 | | (3) offer a four-year high school curriculum; |
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| 63 | 63 | | (4) offer interscholastic competition; and |
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| 64 | 64 | | (5) require daily student attendance at a specific |
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| 65 | 65 | | location. |
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| 66 | 66 | | SECTION 2. This Act applies beginning with the 2010-2011 |
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| 67 | 67 | | school year. |
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| 68 | 68 | | SECTION 3. This Act takes effect immediately if it receives |
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| 69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
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| 70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
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| 72 | 72 | | Act takes effect September 1, 2009. |
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