82R7972 CAS-D
By: Price H.B. No. 2003
A BILL TO BE ENTITLED
AN ACT
relating to safety measures for certain public and private school
extracurricular activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.201, Education Code, is amended to
read as follows:
Sec. 33.201. APPLICABILITY. This subchapter applies to
each public school in this state and to any other school in this
state subject to rules or bylaws of:
(1) the University Interscholastic League; or
(2) the Texas Association of Private and Parochial
Schools [rules].
SECTION 2. Subchapter F, Chapter 33, Education Code, is
amended by adding Section 33.2011 to read as follows:
Sec. 33.2011. REFERENCE INCLUDES SUCCESSOR ORGANIZATION. A
reference in this subchapter to the Texas Association of Private
and Parochial Schools includes an organization that is a successor
to that association.
SECTION 3. Section 33.202(c), Education Code, is amended to
read as follows:
(c) The safety training program must include:
(1) certification of participants by, as determined by
the commissioner:
(A) the American Red Cross, the American Heart
Association, or a similar organization; or
(B) the University Interscholastic League or the
Texas Association of Private and Parochial Schools, as applicable
[determined by the commissioner];
(2) current training in:
(A) emergency action planning;
(B) cardiopulmonary resuscitation if the person
is not required to obtain certification under Section 33.086;
(C) communicating effectively with 9-1-1
emergency service operators and other emergency personnel; and
(D) recognizing symptoms of potentially
catastrophic injuries, including head and neck injuries,
concussions, injuries related to second impact syndrome, asthma
attacks, heatstroke, cardiac arrest, and injuries requiring use of
a defibrillator; and
(3) at least once each school year, a safety drill that
incorporates the training described by Subdivision (2) and
simulates various injuries described by Subdivision (2)(D).
SECTION 4. Section 33.203, Education Code, is amended to
read as follows:
Sec. 33.203. COMPLETION OF UNIVERSITY INTERSCHOLASTIC
LEAGUE FORMS. (a) Each student participating in an
extracurricular athletic activity must complete the University
Interscholastic League forms entitled "Preparticipation Physical
Evaluation--Medical History" and "Acknowledgment of Rules[.]" or
equivalent forms of the Texas Association of Private and Parochial
Schools, as applicable. Each form must be signed by both the
student and the student's parent or guardian.
(b) Each form specified by Subsection (a) must clearly state
that failure to accurately and truthfully answer all questions on a
form required by statute, [or by] the University Interscholastic
League, or the Texas Association of Private and Parochial Schools,
as applicable, as a condition for participation in an
extracurricular athletic activity subjects a signer of the form to
penalties determined by the University Interscholastic League or
the Texas Association of Private and Parochial Schools, as
applicable.
SECTION 5. Section 33.205(b), Education Code, is amended
to read as follows:
(b) If a student participating in an extracurricular
athletic activity, including a practice or competition, becomes
unconscious or is suspected of having sustained a concussion during
the activity, the student may not:
(1) return to the practice or competition during which
the student became unconscious or is suspected of having sustained
a concussion; or
(2) participate in any extracurricular athletic
activity until the student receives written authorization for such
participation from a physician.
SECTION 6. Sections 33.206(a) and (c), Education Code, are
amended to read as follows:
(a) A [In accordance with Chapter 552, Government Code, a]
school shall make available to the public proof of compliance for
each person enrolled in, employed by, or volunteering for the
school who is required to receive safety training described by
Section 33.202. In complying with this subsection, a public school
shall act in accordance with Chapter 552, Government Code.
(c) A school campus that is determined by the school's
superintendent or director to be out of compliance with Section
33.202, 33.204, or 33.205 with regard to applicable University
Interscholastic League or Texas Association of Private and
Parochial Schools activities shall be subject to the range of
penalties determined by the University Interscholastic League or
the Texas Association of Private and Parochial Schools, as
applicable.
SECTION 7. Section 33.208(a), Education Code, is amended to
read as follows:
(a) A school that offers an extracurricular athletic
activity shall provide to each student participating in an
extracurricular athletic activity and to the student's parent or
guardian a copy of the text of Sections 33.201, 33.202, 33.203,
33.204, 33.205, 33.206, and 33.207 [33.201-33.207] and a copy of,
as applicable, the University Interscholastic League's or Texas
Association of Private and Parochial Schools' parent information
manual.
SECTION 8. Section 33.209, Education Code, is amended to
read as follows:
Sec. 33.209. INCORPORATION OF SAFETY REGULATIONS. The
University Interscholastic League and the Texas Association of
Private and Parochial Schools shall incorporate the provisions of
Sections 33.201, 33.202, 33.203, 33.204, 33.205, 33.206, and 33.207
[33.203-33.207] into the league's or school's constitution, bylaws,
and contest rules, as applicable.
SECTION 9. This Act applies beginning with the 2011-2012
school year.
SECTION 10. 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, 2011.