By: Patrick S.B. No. 1831
(In the Senate - Filed March 11, 2009; March 20, 2009, read
first time and referred to Committee on Education; April 7, 2009,
reported favorably, as amended, by the following vote: Yeas 5,
Nays 4; April 7, 2009, sent to printer.)
COMMITTEE AMENDMENT NO. 1 By: Patrick
Amend S.B. No. 1831 (Introduced version), in SECTION 1 of the
bill, in added Subsection (e), Section 33.0831, Education Code
(page 1, line 55, by striking "4A" and substituting "2A".
COMMITTEE AMENDMENT NO. 2 By: Williams
Amend S.B. No. 1831 (Introduced version) in SECTION 1 of the
bill, in added Section 33.0831, Education Code (page 2, between
lines 3 and 4), by inserting the following:
(f-1) Notwithstanding Subsection (f), a private school
participating in league activities during the 2008-2009 school year
may continue in subsequent school years to compete in any
applicable public school bracket or division established under that
subsection and remains eligible for designation as champion or
award recipient under that bracket or division.
A BILL TO BE ENTITLED
AN ACT
relating to participation by private school students in University
Interscholastic League sponsored activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.0831 to read as follows:
Sec. 33.0831. PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC
LEAGUE ACTIVITIES. (a) In this section, "private school" has the
meaning assigned by Section 39.033(d).
(b) The University Interscholastic League may not deny a
school or its students the opportunity to become a member of the
league or otherwise discriminate against a school or its students
because the school is a private school.
(c) This section does not exempt a private school or its
students from satisfying each rule or eligibility requirement
imposed by this subchapter or the league for participating in an
activity or league district sponsored by the league.
(d) A private school seeking to participate in a league
activity or to become a member of a league district shall apply to
the league on a signed form prescribed by the league. The private
school must certify its eligibility under this subchapter and
league rules in the application and must attach proof of
accreditation. The league may not impose eligibility requirements
for private schools that exceed the requirements of this subchapter
or league rules for public schools or require proof of eligibility
that exceeds the proof required of public schools. On approval of
an application, the league shall issue a certificate of approval to
the applicant school. The application and certificate of approval
are governmental records for purposes of Section 37.10, Penal Code.
(e) To determine the appropriate league district in which an
eligible private school will participate, the league must multiply
the private school's enrollment by two and place the private school
in an appropriate league district based on that enrollment figure,
provided that the private school is placed in a league district not
lower than the 4A level.
(f) For each league activity in which competition results in
a state championship or state-level award, the league shall
structure the competition by dividing the competitors at an
appropriate point in the competition into public school and private
school brackets or divisions so that at each relevant level of
competition a public school is designated as public school champion
or award recipient and a private school is designated as private
school champion or award recipient.
(g) The league may adopt rules designed to discourage an
eligible private school from recruiting any student to attend the
school for the purpose of participating in a league activity. A
rule adopted under this subsection may not be designed to
discriminate against an eligible private school.
(h) To be eligible under this section, a private school
must:
(1) be accredited by an accrediting organization
recognized by the agency;
(2) not have had its ability or eligibility to
participate in an association similar to the league compromised,
revoked, or suspended for violating the rules or codes of that
association;
(3) offer a four-year high school curriculum;
(4) offer interscholastic competition; and
(5) require daily student attendance at a specific
location.
SECTION 2. This Act applies beginning with the 2010-2011
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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