By: Birdwell, et al. S.B. No. 213
(In the Senate - Filed March 11, 2015; March 16, 2015, read
first time and referred to Committee on Education; April 28, 2015,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 10, Nays 0; April 28, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 213 By: Bettencourt
A BILL TO BE ENTITLED
AN ACT
relating to the functions and duties of the University
Interscholastic League.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.055(b)(41), Education Code, is amended
to read as follows:
(41) The commissioner shall adopt rules relating to
extracurricular activities under Section 33.081 and approve or
disapprove University Interscholastic League rules and procedures
under Section 67.72(c) [33.083].
SECTION 2. Section 33.094(d), Education Code, is amended to
read as follows:
(d) The University Interscholastic League may adopt rules
necessary to implement this section, provided that the rules must
be approved by the commissioner in accordance with Section 67.72(c)
[33.083(b)].
SECTION 3. Section 33.203, Education Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) In addition to the forms required by Subsection (a),
each student participating in an extracurricular athletic activity
must submit a completed University Interscholastic League form
entitled "Preparticipation Physical Evaluation--Physical
Examination."
(d) An affirmative answer on the "Preparticipation Physical
Evaluation--Medical History" form indicating a cardiac or
neurological history requires a person signing the
"Preparticipation Physical Evaluation--Physical Examination"
form, in accordance with rules adopted by the University
Interscholastic League, to refer the student to the student's
treating physician. The student's treating physician must provide
a written statement indicating that, in the physician's
professional judgment, it is safe for the student to participate in
practice and play in an extracurricular athletic activity.
SECTION 4. Section 38.153, Education Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) Not later than September 1 of each year, the
superintendent of a school district and the person who serves the
function of a superintendent for an open-enrollment charter school
shall submit to the University Interscholastic League a notarized
document stating:
(1) that the district or school has formed a
concussion oversight team as required by Subsection (a);
(2) the name and occupation of each person serving on
the concussion oversight team and confirming that each person has
completed the training required by Section 38.154(c);
(3) that the concussion oversight team has established
and is using the return-to-play protocol as required by Subsection
(b);
(4) the number of full-time athletic trainers employed
by the district or school; and
(5) the number of coaches employed by the district or
school who have completed the concussion training required by
Section 38.158 and the number of coaches employed by the district or
school who have not completed the required concussion training.
(d) Not later than October 1 of each year, the notarized
statements submitted under Subsection (c) must be available to the
public on the University Interscholastic League's Internet
website. The University Interscholastic League is responsible for
ensuring each year that statements are obtained from each school
district and open-enrollment charter school subject to this
section.
SECTION 5. Section 51.406(b), Education Code, is amended to
read as follows:
(b) To the extent that any of the following laws require
reporting by a university system or an institution of higher
education, a university system or institution of higher education
is not required to make the report on or after September 1, 2013,
unless legislation enacted by the 83rd Legislature that becomes law
expressly requires the institution or system to make the report:
(1) Section 7.109;
(2) [Section 33.083;
[(3)] Section 59.07;
(3) [(4)] Section 130.086;
(4) [(5)] Section 325.007, Government Code;
(5) [(6)] Section 669.003, Government Code;
(6) [(7)] Section 2005.007, Government Code;
(7) [(8)] Section 2054.097, Government Code;
(8) [(9)] Chapter 2114, Government Code; and
(9) [(10)] Section 2205.041, Government Code.
SECTION 6. Chapter 67, Education Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. UNIVERSITY INTERSCHOLASTIC LEAGUE
Sec. 67.71. DEFINITIONS. In this subchapter:
(1) "League" means the University Interscholastic
League.
(2) "Rule" or "contest rule" means a rule or procedure
included in the league's constitution and contest rules.
SECTION 7. Sections 33.083(b) and (d), Education Code, are
transferred to Subchapter E, Chapter 67, Education Code, as added
by this Act, redesignated as Section 67.72, Education Code, and
amended to read as follows:
Sec. 67.72. UNIVERSITY INTERSCHOLASTIC LEAGUE.
(a) [(b)] The University Interscholastic League is a state agency
that is part of The University of Texas at Austin [and must submit
its rules and procedures to the commissioner for approval or
disapproval]. The funds belonging to the league [University
Interscholastic League] shall be deposited with the university [The
University of Texas at Austin] for the benefit of the league and
shall be subject to audits by the university [The University of
Texas at Austin], The University of Texas System, and the state
auditor. Copies of annual audits shall be furnished, on request, to
members of the legislature.
(b) The league:
(1) creates and administers interscholastic contests,
including academic, music, and athletic contests, for member
schools;
(2) adopts and enforces contest rules;
(3) creates local committees to assist in the
administration of interscholastic contests; and
(4) performs any duty necessary to administer
interscholastic contests in the state for member schools.
(c) The league must submit all contest rules and procedures
to the commissioner of education for approval or disapproval.
(d) League contest rules are not subject to Chapter 2001,
Government Code.
(e) [(d)] The league [University Interscholastic League]
shall file annually with the governor and the presiding officer of
each house of the legislature a complete and detailed written
report accounting for all funds received and disbursed by the
league [University Interscholastic League] during the preceding
fiscal year. The form of the annual report and the reporting time
are as provided by the General Appropriations Act.
SECTION 8. Section 33.0831, Education Code, is transferred
to Subchapter E, Chapter 67, Education Code, as added by this Act,
redesignated as Section 67.73, Education Code, and amended to read
as follows:
Sec. 67.73 [33.0831]. [UNIVERSITY INTERSCHOLASTIC] LEAGUE
RULES: FISCAL IMPACT STATEMENT. (a) The legislative council of
the league [University Interscholastic League] may not take final
action on a new or amended rule that would result in additional
costs for a member school unless a fiscal impact statement
regarding the rule has been completed in accordance with this
section.
(b) For purposes of Subsection (a), final action by the
legislative council means:
(1) submitting a rule to school superintendents, if
the submission is required under the legislative council's
procedures; or
(2) submitting a rule approved by the council to the
commissioner of education for the commissioner's approval under
Section 67.72(c) [33.083(b)], if the rule does not require
submission to school superintendents under the legislative
council's procedures.
(c) A fiscal impact statement regarding a rule must include:
(1) a projection of the costs to member schools of
complying with the rule during the five-year period following the
effective date of the rule; and
(2) an explanation of the methodology used to analyze
the fiscal impact of the rule and determine the costs projection
required by Subdivision (1).
(d) If a fiscal impact statement is prepared for a rule, a
copy of the statement must be attached to the rule when it is
submitted for approval to school superintendents, if applicable,
and when it is submitted to the commissioner of education for
approval.
SECTION 9. Subchapter E, Chapter 67, Education Code, as
added by this Act, is amended by adding Section 67.74 to read as
follows:
Sec. 67.74. LOCAL COMMITTEES. (a) A local committee
created to assist the league in the administration of
interscholastic contests is subject to the open meetings
requirements under Chapter 551, Government Code, and public
information requirements under Chapter 552, Government Code, in the
same manner that the board of trustees of a school district is
subject to those laws. In addition to any other applicable
exceptions, the exceptions found in Sections 552.114 and 552.135,
Government Code, apply to a local committee.
(b) Any money collected by a local committee for committee
use are not funds belonging to the league and may not be deposited
in a university account.
(c) A local committee shall:
(1) collect and expend funds in accordance with league
rules; and
(2) report revenue and expenditures on an annual basis
to the league.
SECTION 10. Sections 33.085, 33.091, 33.209, and 67.26,
Education Code, are transferred to Subchapter E, Chapter 67,
Education Code, as added by this Act, redesignated as Sections
67.75, 67.76, 67.77, and 67.78, Education Code, respectively, and
amended to read as follows:
Sec. 67.75 [33.085]. AUTHORITY [OF UNIVERSITY
INTERSCHOLASTIC LEAGUE] REGARDING ACTIVITIES INVOLVING SPORTS
OFFICIALS. (a) In this section, "sports official" [:
[(1) "League" means the University Interscholastic
League.
[(2) "Sports official"] means a person who officiates,
judges, or in any manner enforces contest rules in any official
capacity with respect to and during the course of an
interscholastic athletic team competition and who is a member of a
league-recognized local chapter or association of sports
officials. The term includes a referee, umpire, linesman, judge,
or any other person similarly involved in supervising competitive
play. The term does not include a league board member or a league
official who is acting in an official capacity to supervise,
administer, or enforce the league constitution or league contest
rules.
(b) The league may require a sports official, as a condition
of eligibility to officiate a contest sponsored by the league, to:
(1) be registered with the league and comply with the
registration requirements of Subsection (c);
(2) have completed initial and continuing education
programs regarding league rules;
(3) be a member in good standing of a local chapter or
association of sports officials recognized by the league for that
purpose; and
(4) agree to abide by league rules, including fee
schedules and travel reimbursement guidelines for payment by school
districts or open-enrollment charter schools to a sports official.
(c) In registering with the league, a sports official must
be required to provide directory information required by the league
and submit to a criminal background check.
(d) The league may not charge a sports official who
completes a program under Subsection (b)(2) a fee for more than one
program described by Subsection (b)(2).
(e) The league may charge and collect a registration fee
only to defray the cost of registering sports officials and shall
post the amount of the fee on the league's Internet website and make
the information available at other places the league determines
appropriate. The amount of the fee may not exceed the amount
reasonably determined by the league to be necessary to cover the
cost of administering registration.
(f) The league may revoke or suspend the league registration
of a sports official determined by the league to have violated the
provisions of the league constitution or contest rules governing
sports officials or other league policy applicable to sports
officials. Before the league may take action to revoke or suspend a
sports official's registration, the league shall notify and consult
with the local chapter or association of sports officials of which
the sports official is a member. The local chapter or association
may, on or before the 15th day after the date notice is received
from the league, take action to adjudicate the alleged violation.
If after the 15th day after the date notice is received from the
league the local chapter or association has failed to take action
against the sports official or takes action that the league finds to
be insufficient, the league may take action against the sports
official. The league shall adopt rules to provide a sports official
with the opportunity for an appeals process before the league
revokes or suspends the sports official's registration. In
adopting rules under this subsection, the league shall make a
determination of the actions and subsequent sanctions that would be
considered sufficient under this subsection.
(g) The league may not sponsor or organize or attempt to
sponsor or organize any association of sports officials in which
the majority of the membership is composed of sports officials who
officiate team sports.
(h) The league may set rates or fee schedules payable by a
school district or open-enrollment charter school to a sports
official.
(i) Before the league may take any action that amends rules
related to the activities of sports officials, other than an action
against an individual sports official under Subsection (f), the
league must submit the proposed action for public review and
comment, including:
(1) notifying registered sports officials of the
proposed action by e-mail not later than the 30th day before the
date set for action on the proposal; and
(2) posting the proposal on the league's Internet
website for at least 30 consecutive days before the date set for
action on the proposal.
Sec. 67.76 [33.091]. PREVENTION OF ILLEGAL STEROID USE[;
RANDOM TESTING]. (a) In this section:
(1) ["League" means the University Interscholastic
League.
[(2)] "Parent" includes a guardian or other person
standing in parental relation.
(2) [(3)] "Steroid" means an anabolic steroid as
described by Section 481.104, Health and Safety Code.
(b) [The league shall adopt rules prohibiting a student from
participating in an athletic competition sponsored or sanctioned by
the league unless:
[(1) the student agrees not to use steroids and, if the
student is enrolled in high school, the student submits to random
testing for the presence of illegal steroids in the student's body,
in accordance with the program established under Subsection (d);
and
[(2) the league obtains from the student's parent a
statement signed by the parent and acknowledging that:
[(A) the parent's child, if enrolled in high
school, may be subject to random steroid testing;
[(B) state law prohibits possessing, dispensing,
delivering, or administering a steroid in a manner not allowed by
state law;
[(C) state law provides that bodybuilding,
muscle enhancement, or the increase of muscle bulk or strength
through the use of a steroid by a person who is in good health is not
a valid medical purpose;
[(D) only a licensed practitioner with
prescriptive authority may prescribe a steroid for a person; and
[(E) a violation of state law concerning steroids
is a criminal offense punishable by confinement in jail or
imprisonment in the Texas Department of Criminal Justice.
[(c)] The league shall:
(1) develop an educational program for students
engaged in extracurricular athletic activities sponsored or
sanctioned by the league, parents of those students, and coaches of
those activities regarding the health effects of steroid use; and
(2) make the program available to school districts.
(c) [(c-1)] A school district shall require that each
district employee who serves as an athletic coach at or above the
seventh grade level for an extracurricular athletic activity
sponsored or sanctioned by the league complete:
(1) the educational program developed by the league
under Subsection (b) [(c)]; or
(2) a comparable program developed by the district or
a private entity with relevant expertise.
[(d) The league shall adopt rules for the annual
administration of a steroid testing program under which high school
students participating in an athletic competition sponsored or
sanctioned by the league are tested at multiple times throughout
the year for the presence of steroids in the students' bodies. The
testing program must:
[(1) require the random testing of a statistically
significant number of high school students in this state who
participate in athletic competitions sponsored or sanctioned by the
league;
[(2) provide for the selection of specific students
described by Subdivision (1) for testing through a process that
randomly selects students from a single pool consisting of all
students who participate in any activity for which the league
sponsors or sanctions athletic competitions;
[(3) be administered at approximately 30 percent of
the high schools in this state that participate in athletic
competitions sponsored or sanctioned by the league;
[(4) provide for a process for confirming any initial
positive test result through a subsequent test conducted as soon as
practicable after the initial test, using a sample that was
obtained at the same time as the sample used for the initial test;
[(5) require the testing to be performed only by an
anabolic steroid testing laboratory with a current certification
from the Substance Abuse and Mental Health Services Administration
of the United States Department of Health and Human Services, the
World Anti-Doping Agency, or another appropriate national or
international certifying organization; and
[(6) provide for a period of ineligibility from
participation in an athletic competition sponsored or sanctioned by
the league for any student with a confirmed positive test result or
any student who refuses to submit to random testing.
[(e) Results of a steroid test conducted under Subsection
(d) are confidential and, unless required by court order, may be
disclosed only to the student and the student's parent and the
activity directors, principal, and assistant principals of the
school attended by the student.
[(f) From funds already appropriated, the agency shall pay
the costs of the steroid testing program established under
Subsection (d).
[(g) The league may increase the membership fees required of
school districts that participate in athletic competitions
sponsored or sanctioned by the league in an amount necessary to
offset the cost of league activities under this section.
[(h) Subsection (b)(1) does not apply to the use by a
student of a steroid that is dispensed, prescribed, delivered, and
administered by a medical practitioner for a valid medical purpose
and in the course of professional practice, and a student is not
subject to a period of ineligibility under Subsection (d)(6) on the
basis of that steroid use.]
Sec. 67.77 [33.209]. INCORPORATION OF SAFETY REGULATIONS.
The league [University Interscholastic League] shall incorporate
the provisions of Sections 33.203-33.207 into the league's
constitution and contest rules.
Sec. 67.78 [67.26]. [UNIVERSITY INTERSCHOLASTIC LEAGUE;]
VENUE FOR LEAGUE SUITS. Venue for suits brought against the league
[University Interscholastic League] or for suits involving the
interpretation or enforcement of the rules or regulations of the
league [University Interscholastic League] shall be in Travis
County, Texas. When the litigation involves a school district
located within Travis County, it shall be heard by a visiting judge.
SECTION 11. (a) As soon as possible after the effective
date of this Act, the University Interscholastic League shall
modify its rules to reflect the changes made by this Act to Section
33.203, Education Code.
(b) Sections 33.203(c) and (d), Education Code, as added by
this Act, apply only to a "Preparticipation Physical
Evaluation--Physical Examination" form signed on or after the
effective date of this Act. A "Preparticipation Physical
Evaluation--Physical Examination" form signed before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 12. Section 33.084, Education Code, is repealed.
SECTION 13. (a) Sections 33.203(c) and (d), Education
Code, as added by this Act, take effect immediately if this Act
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, Sections 33.203(c) and (d), Education Code, as added by
this Act, take effect September 1, 2015.
(b) Except as provided by Subsection (a) of this section,
this Act takes effect September 1, 2015.
* * * * *