Texas 2009 - 81st Regular

Texas Senate Bill SB1831 Compare Versions

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1	1	By: Patrick S.B. No. 1831
2	2	(In the Senate - Filed March 11, 2009; March 20, 2009, read
3	3	first time and referred to Committee on Education; April 7, 2009,
4	4	reported favorably, as amended, by the following vote: Yeas 5,
5	5	Nays 4; April 7, 2009, sent to printer.)
6	6
7	7
8	8	COMMITTEE AMENDMENT NO. 1 By: Patrick
9	9	Amend S.B. No. 1831 (Introduced version), in SECTION 1 of the
10	10	bill, in added Subsection (e), Section 33.0831, Education Code
11	11	(page 1, line 55, by striking "4A" and substituting "2A".
12	12	COMMITTEE AMENDMENT NO. 2 By: Williams
13	13	Amend S.B. No. 1831 (Introduced version) in SECTION 1 of the
14	14	bill, in added Section 33.0831, Education Code (page 2, between
15	15	lines 3 and 4), by inserting the following:
16	16	(f-1) Notwithstanding Subsection (f), a private school
17	17	participating in league activities during the 2008-2009 school year
18	18	may continue in subsequent school years to compete in any
19	19	applicable public school bracket or division established under that
20	20	subsection and remains eligible for designation as champion or
21	21	award recipient under that bracket or division.
22	22	A BILL TO BE ENTITLED
23	23	AN ACT
24	24	relating to participation by private school students in University
25	25	Interscholastic League sponsored activities.
26	26	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
27	27	SECTION 1. Subchapter D, Chapter 33, Education Code, is
28	28	amended by adding Section 33.0831 to read as follows:
29	29	Sec. 33.0831. PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC
30	30	LEAGUE ACTIVITIES. (a) In this section, "private school" has the
31	31	meaning assigned by Section 39.033(d).
32	32	(b) The University Interscholastic League may not deny a
33	33	school or its students the opportunity to become a member of the
34	34	league or otherwise discriminate against a school or its students
35	35	because the school is a private school.
36	36	(c) This section does not exempt a private school or its
37	37	students from satisfying each rule or eligibility requirement
38	38	imposed by this subchapter or the league for participating in an
39	39	activity or league district sponsored by the league.
40	40	(d) A private school seeking to participate in a league
41	41	activity or to become a member of a league district shall apply to
42	42	the league on a signed form prescribed by the league. The private
43	43	school must certify its eligibility under this subchapter and
44	44	league rules in the application and must attach proof of
45	45	accreditation. The league may not impose eligibility requirements
46	46	for private schools that exceed the requirements of this subchapter
47	47	or league rules for public schools or require proof of eligibility
48	48	that exceeds the proof required of public schools. On approval of
49	49	an application, the league shall issue a certificate of approval to
50	50	the applicant school. The application and certificate of approval
51	51	are governmental records for purposes of Section 37.10, Penal Code.
52	52	(e) To determine the appropriate league district in which an
53	53	eligible private school will participate, the league must multiply
54	54	the private school's enrollment by two and place the private school
55	55	in an appropriate league district based on that enrollment figure,
56	56	provided that the private school is placed in a league district not
57	57	lower than the 4A level.
58	58	(f) For each league activity in which competition results in
59	59	a state championship or state-level award, the league shall
60	60	structure the competition by dividing the competitors at an
61	61	appropriate point in the competition into public school and private
62	62	school brackets or divisions so that at each relevant level of
63	63	competition a public school is designated as public school champion
64	64	or award recipient and a private school is designated as private
65	65	school champion or award recipient.
66	66	(g) The league may adopt rules designed to discourage an
67	67	eligible private school from recruiting any student to attend the
68	68	school for the purpose of participating in a league activity. A
69	69	rule adopted under this subsection may not be designed to
70	70	discriminate against an eligible private school.
71	71	(h) To be eligible under this section, a private school
72	72	must:
73	73	(1) be accredited by an accrediting organization
74	74	recognized by the agency;
75	75	(2) not have had its ability or eligibility to
76	76	participate in an association similar to the league compromised,
77	77	revoked, or suspended for violating the rules or codes of that
78	78	association;
79	79	(3) offer a four-year high school curriculum;
80	80	(4) offer interscholastic competition; and
81	81	(5) require daily student attendance at a specific
82	82	location.
83	83	SECTION 2. This Act applies beginning with the 2010-2011
84	84	school year.
85	85	SECTION 3. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2009.
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