| 1 | 1 | | 84R2272 JSL-D |
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| 2 | 2 | | By: Huberty H.B. No. 779 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to cardiac assessments of participants in extracurricular |
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| 8 | 8 | | athletic activities sponsored or sanctioned by the University |
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| 9 | 9 | | Interscholastic League. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 33, Education Code, is |
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| 12 | 12 | | amended by adding Section 33.095 to read as follows: |
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| 13 | 13 | | Sec. 33.095. CARDIAC ASSESSMENTS OF PARTICIPANTS IN |
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| 14 | 14 | | EXTRACURRICULAR ATHLETIC ACTIVITIES. (a) Except as provided under |
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| 15 | 15 | | Subsection (d), a school district must require a district student |
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| 16 | 16 | | who is required under University Interscholastic League rule or |
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| 17 | 17 | | policy to receive a physical examination before being allowed to |
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| 18 | 18 | | participate in an athletic activity sponsored or sanctioned by the |
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| 19 | 19 | | University Interscholastic League to also have administered to the |
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| 20 | 20 | | student an electrocardiogram before being allowed to participate in |
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| 21 | 21 | | the activity, including a practice for the activity, as follows: |
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| 22 | 22 | | (1) one time before the student's first year of |
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| 23 | 23 | | participation; and |
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| 24 | 24 | | (2) another time before the student's third year of |
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| 25 | 25 | | participation. |
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| 26 | 26 | | (b) This section does not create a cause of action or |
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| 27 | 27 | | liability against an appropriately licensed or certified health |
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| 28 | 28 | | care professional, a school district, or a district officer or |
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| 29 | 29 | | employee for the injury or death of a student participating in or |
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| 30 | 30 | | practicing for an athletic activity sponsored or sanctioned by the |
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| 31 | 31 | | University Interscholastic League based on or in connection with |
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| 32 | 32 | | the administration or evaluation of or reliance on an |
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| 33 | 33 | | electrocardiogram or on any echocardiogram. |
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| 34 | 34 | | (c) The University Interscholastic League shall adopt rules |
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| 35 | 35 | | as necessary to administer this section. |
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| 36 | 36 | | (d) The rules adopted under Subsection (c) must include a |
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| 37 | 37 | | rule for granting a waiver from administration of an |
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| 38 | 38 | | electrocardiogram under this section to a student in response to a |
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| 39 | 39 | | written request from the parent of or person standing in parental |
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| 40 | 40 | | relation to the student claiming a financial or religious reason |
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| 41 | 41 | | for the waiver. |
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| 42 | 42 | | SECTION 2. This Act applies beginning with the 2015-2016 |
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| 43 | 43 | | school year. |
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| 44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2015. |
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