82R9953 MAW-D
By: Geren H.B. No. 3130
A BILL TO BE ENTITLED
AN ACT
relating to the registration of a referee of certain
extracurricular athletic activities sponsored or sanctioned by
certain public or private schools; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 13, Occupations Code, is
amended by adding Chapter 2053 to read as follows:
CHAPTER 2053. REFEREES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2053.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(3) "Referee" means a person who:
(A) is present on the field or court during an
athletic or sporting event; and
(B) exercises supervision over the event and its
participants.
Sec. 2053.002. APPLICABILITY. This chapter applies only to
a referee of an extracurricular athletic activity sponsored or
sanctioned by a public or private elementary or secondary school
who receives payment for the referee's services from the school, a
school district, or an organization that contracts with the school
or school district to provide referee services.
Sec. 2053.003. PREEMPTION. A political subdivision of this
state, the University Interscholastic League, a state agency, or
another entity may not adopt a registration requirement for a
referee to whom this chapter applies.
[Sections 2053.004-2053.100 reserved for expansion]
SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES
Sec. 2053.101. GENERAL POWERS AND DUTIES. The department
shall administer and enforce this chapter.
Sec. 2053.102. RULEMAKING AUTHORITY. The commission shall
adopt rules necessary to administer and enforce this chapter.
[Sections 2053.103-2053.200 reserved for expansion]
SUBCHAPTER C. REGISTRATION REQUIREMENTS
Sec. 2053.201. REGISTRATION REQUIRED. A person may not act
as a referee of an extracurricular athletic activity sponsored or
sanctioned by a public or private elementary or secondary school
and held in this state unless the person is an individual who is
registered with the department under this chapter.
Sec. 2053.202. ELIGIBILITY FOR REGISTRATION. An individual
is eligible for registration under this chapter if the individual:
(1) is at least 18 years of age; and
(2) satisfies the requirements of this chapter and
rules adopted under this chapter.
Sec. 2053.203. APPLICATION REQUIREMENTS. An applicant for
registration as a referee must apply on a form prescribed by the
department and submit a registration fee in the amount set by the
commission.
Sec. 2053.204. TERM OF REGISTRATION. A certificate of
registration issued under this chapter is valid for the period
prescribed by the commission.
[Sections 2053.205-2053.300 reserved for expansion]
SUBCHAPTER D. REFUSAL TO REGISTER AND DISCIPLINARY PROCEDURES
Sec. 2053.301. REFUSAL TO REGISTER; SUSPENSION OR
REVOCATION OF REGISTRATION. The commission may refuse to register
or suspend or revoke the certificate of registration of any person
for:
(1) violating this chapter or a rule adopted under
this chapter; or
(2) making a substantial misrepresentation in an
application for registration.
[Sections 2053.302-2053.400 reserved for expansion]
SUBCHAPTER E. ENFORCEMENT
Sec. 2053.401. DISCIPLINARY ACTION; ADMINISTRATIVE
PENALTY. A person who violates this chapter or a rule adopted under
this chapter is subject to any action or penalty authorized under
Subchapter F or G, Chapter 51.
SECTION 2. (a) Not later than December 1, 2011, the Texas
Commission of Licensing and Regulation shall adopt the rules,
standards, procedures, and fees necessary to implement Chapter
2053, Occupations Code, as added by this Act.
(b) Notwithstanding Section 2053.201, Occupations Code, as
added by this Act, a referee is not required to register under that
section before January 1, 2012.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2011.
(b) Subchapter E, Chapter 2053, Occupations Code, as added
by this Act, takes effect January 1, 2012.