Texas 2013 - 83rd Regular

Texas Senate Bill SB573 Compare Versions

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1	1	By: Patrick S.B. No. 573
2	2	(In the Senate - Filed February 14, 2013; February 20, 2013,
3	3	read first time and referred to Committee on Education;
4	4	March 12, 2013, reported favorably by the following vote: Yeas 7,
5	5	Nays 2; March 12, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to equal opportunity for access by private and parochial
11	11	school students to certain University Interscholastic League
12	12	sponsored activities.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter D, Chapter 33, Education Code, is
15	15	amended by adding Section 33.0832 to read as follows:
16	16	Sec. 33.0832. EQUAL OPPORTUNITY FOR ACCESS TO UNIVERSITY
17	17	INTERSCHOLASTIC LEAGUE ACTIVITIES OTHER THAN FOOTBALL OR
18	18	BASKETBALL. (a) In this section, "private school" has the meaning
19	19	assigned by Section 39.033(d).
20	20	(b) The University Interscholastic League shall provide
21	21	private and parochial schools with equal opportunity to become
22	22	members of the league for the purpose of providing their students
23	23	with access to league activities other than football or basketball.
24	24	(c) This section does not exempt a private or parochial
25	25	school or its students from satisfying each rule or eligibility
26	26	requirement imposed by this subchapter or the league for
27	27	participating in an activity or league district sponsored by the
28	28	league.
29	29	(d) A private or parochial school seeking to participate in
30	30	a league activity or to become a member of a league district shall
31	31	apply to the league on a signed form prescribed by the league. The
32	32	school must certify its eligibility under this subchapter and
33	33	league rules in the application and must attach proof of
34	34	accreditation. The league may not impose eligibility requirements
35	35	for private or parochial schools that exceed the requirements of
36	36	this subchapter or league rules for public schools or require proof
37	37	of eligibility that exceeds the proof required of public schools.
38	38	On approval of an application, the league shall issue a certificate
39	39	of approval to the applicant school. The application and
40	40	certificate of approval are governmental records for purposes of
41	41	Section 37.10, Penal Code.
42	42	(e) The league shall determine the appropriate league
43	43	district in which an eligible private or parochial school will
44	44	participate using the same standard the league applies to public
45	45	schools, provided that the private or parochial school may not be
46	46	placed in a league district lower than the 1A level.
47	47	(f) The league shall adopt rules that prohibit an eligible
48	48	private or parochial school from recruiting any student to attend
49	49	the school for the purpose of participating in a league activity. A
50	50	rule adopted under this subsection may not discriminate against an
51	51	eligible private or parochial school.
52	52	(g) To be eligible under this section, a private or
53	53	parochial school must:
54	54	(1) be accredited by an accrediting organization
55	55	recognized by the agency;
56	56	(2) not have had its ability or eligibility to
57	57	participate in an association similar to the league compromised,
58	58	revoked, or suspended for violating the rules or codes of that
59	59	association within the five-year period preceding the date of
60	60	application to participate in the league;
61	61	(3) offer a four-year high school curriculum;
62	62	(4) offer interscholastic competition; and
63	63	(5) require daily student attendance at a specific
64	64	location.
65	65	(h) Nothing in this section affects the right of a private
66	66	school participating in league activities during the 2012-2013
67	67	school year to continue participating in league activities in
68	68	subsequent school years in a manner comparable to the school's
69	69	participation during the 2012-2013 school year.
70	70	(i) Notwithstanding any other provision of this section,
71	71	but subject to Subsection (h), the league shall implement this
72	72	section by providing private and parochial schools with equal
73	73	opportunity to participate in:
74	74	(1) league academic activities beginning with the
75	75	2013-2014 school year;
76	76	(2) league athletic activities, other than football or
77	77	basketball, at the 1A and 2A league district levels beginning with
78	78	the spring semester of the 2013-2014 school year;
79	79	(3) league athletic activities, other than football or
80	80	basketball, at the 3A league district level beginning with the
81	81	2014-2015 school year;
82	82	(4) league athletic activities, other than football or
83	83	basketball, at the 4A league district level beginning with the
84	84	2015-2016 school year; and
85	85	(5) league athletic activities, other than football or
86	86	basketball, at the 5A league district level beginning with the
87	87	2016-2017 school year.
88	88	(j) Subsection (i) and this subsection expire September 1,
89	89	2017.
90	90	SECTION 2. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect September 1, 2013.
95	95	* * * * *