Texas 2015 - 84th Regular

Texas House Bill HB767 Compare Versions

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1-84R13885 JSL-D
21 By: Smith, Turner of Harris, Lucio III, H.B. No. 767
3- Huberty, Sheffield
4- Substitute the following for H.B. No. 767:
5- By: Aycock C.S.H.B. No. 767
2+ Huberty, Sheffield, et al.
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85 A BILL TO BE ENTITLED
96 AN ACT
107 relating to cardiac assessments of participants in extracurricular
118 athletic activities sponsored or sanctioned by the University
129 Interscholastic League.
1310 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1411 SECTION 1. Subchapter D, Chapter 33, Education Code, is
1512 amended by adding Section 33.095 to read as follows:
1613 Sec. 33.095. CARDIAC ASSESSMENTS OF PARTICIPANTS IN
1714 EXTRACURRICULAR ATHLETIC ACTIVITIES. (a) A school district must
1815 require a district student who is required under University
1916 Interscholastic League rule or policy to receive a physical
2017 examination before being allowed to participate in an athletic
2118 activity sponsored or sanctioned by the University Interscholastic
2219 League to also have administered to the student an
2320 electrocardiogram before being allowed to participate in the
2421 activity, including a practice for the activity, as follows:
2522 (1) one time before the student's first year of
2623 participation; and
2724 (2) another time before the student's third year of
2825 participation.
2926 (b) This section does not create a cause of action or
3027 liability against an appropriately licensed or certified health
3128 care professional, a school district, or a district officer or
3229 employee for the injury or death of a student participating in or
3330 practicing for an athletic activity sponsored or sanctioned by the
3431 University Interscholastic League based on or in connection with
3532 the administration or evaluation of or reliance on an
3633 electrocardiogram or on any echocardiogram.
3734 (c) The University Interscholastic League shall adopt rules
3835 as necessary to administer this section.
3936 (d) The rules adopted under Subsection (c) must include a
4037 rule for granting a waiver from administration of an
41- electrocardiogram under this section to a student in response to a
42- written request from the parent of or person standing in parental
43- relation to the student claiming a financial or religious reason
44- for the waiver.
45- SECTION 2. This Act applies beginning with the 2015-2016
38+ electrocardiogram under this section to a student if, for any
39+ reason, the parent of or person standing in parental relation to the
40+ student submits a written request for the waiver.
41+ SECTION 2. This Act applies beginning with the 2016-2017
4642 school year.
4743 SECTION 3. This Act takes effect immediately if it receives
4844 a vote of two-thirds of all the members elected to each house, as
4945 provided by Section 39, Article III, Texas Constitution. If this
5046 Act does not receive the vote necessary for immediate effect, this
5147 Act takes effect September 1, 2015.