Texas 2015 - 84th Regular

Texas Senate Bill SB213 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Birdwell, et al. S.B. No. 213
2		-	(In the Senate - Filed March 11, 2015; March 16, 2015, read
3		-	first time and referred to Committee on Education; April 28, 2015,
4		-	reported adversely, with favorable Committee Substitute by the
5		-	following vote: Yeas 10, Nays 0; April 28, 2015, sent to printer.)
6		-	Click here to see the committee vote
7		-	COMMITTEE SUBSTITUTE FOR S.B. No. 213 By: Bettencourt
8	2
9	3
10	4		A BILL TO BE ENTITLED
11	5		AN ACT
12	6		relating to the functions and duties of the University
13	7		Interscholastic League.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Section 7.055(b)(41), Education Code, is amended
16	10		to read as follows:
17	11		(41) The commissioner shall adopt rules relating to
18	12		extracurricular activities under Section 33.081 and approve or
19	13		disapprove University Interscholastic League rules and procedures
20	14		under Section 67.72(c) [33.083].
21	15		SECTION 2. Section 33.094(d), Education Code, is amended to
22	16		read as follows:
23	17		(d) The University Interscholastic League may adopt rules
24	18		necessary to implement this section, provided that the rules must
25	19		be approved by the commissioner in accordance with Section 67.72(c)
26	20		[33.083(b)].
27	21		SECTION 3. Section 33.203, Education Code, is amended by
28	22		adding Subsections (c) and (d) to read as follows:
29	23		(c) In addition to the forms required by Subsection (a),
30	24		each student participating in an extracurricular athletic activity
31	25		must submit a completed University Interscholastic League form
32	26		entitled "Preparticipation Physical Evaluation--Physical
33	27		Examination."
34	28		(d) An affirmative answer on the "Preparticipation Physical
35	29		Evaluation--Medical History" form indicating a cardiac or
36	30		neurological history requires a person signing the
37	31		"Preparticipation Physical Evaluation--Physical Examination"
38	32		form, in accordance with rules adopted by the University
39	33		Interscholastic League, to refer the student to the student's
40	34		treating physician. The student's treating physician must provide
41	35		a written statement indicating that, in the physician's
42	36		professional judgment, it is safe for the student to participate in
43	37		practice and play in an extracurricular athletic activity.
44	38		SECTION 4. Section 38.153, Education Code, is amended by
45	39		adding Subsections (c) and (d) to read as follows:
46	40		(c) Not later than September 1 of each year, the
47	41		superintendent of a school district and the person who serves the
48	42		function of a superintendent for an open-enrollment charter school
49	43		shall submit to the University Interscholastic League a notarized
50	44		document stating:
51	45		(1) that the district or school has formed a
52	46		concussion oversight team as required by Subsection (a);
53	47		(2) the name and occupation of each person serving on
54	48		the concussion oversight team and confirming that each person has
55	49		completed the training required by Section 38.154(c);
56	50		(3) that the concussion oversight team has established
57	51		and is using the return-to-play protocol as required by Subsection
58	52		(b);
59	53		(4) the number of full-time athletic trainers employed
60	54		by the district or school; and
61	55		(5) the number of coaches employed by the district or
62	56		school who have completed the concussion training required by
63	57		Section 38.158 and the number of coaches employed by the district or
64	58		school who have not completed the required concussion training.
65	59		(d) Not later than October 1 of each year, the notarized
66	60		statements submitted under Subsection (c) must be available to the
67	61		public on the University Interscholastic League's Internet
68	62		website. The University Interscholastic League is responsible for
69	63		ensuring each year that statements are obtained from each school
70	64		district and open-enrollment charter school subject to this
71	65		section.
72	66		SECTION 5. Section 51.406(b), Education Code, is amended to
73	67		read as follows:
74	68		(b) To the extent that any of the following laws require
75	69		reporting by a university system or an institution of higher
76	70		education, a university system or institution of higher education
77	71		is not required to make the report on or after September 1, 2013,
78	72		unless legislation enacted by the 83rd Legislature that becomes law
79	73		expressly requires the institution or system to make the report:
80	74		(1) Section 7.109;
81	75		(2) [Section 33.083;
82	76		[(3)] Section 59.07;
83	77		(3) [(4)] Section 130.086;
84	78		(4) [(5)] Section 325.007, Government Code;
85	79		(5) [(6)] Section 669.003, Government Code;
86	80		(6) [(7)] Section 2005.007, Government Code;
87	81		(7) [(8)] Section 2054.097, Government Code;
88	82		(8) [(9)] Chapter 2114, Government Code; and
89	83		(9) [(10)] Section 2205.041, Government Code.
90	84		SECTION 6. Chapter 67, Education Code, is amended by adding
91	85		Subchapter E to read as follows:
92	86		SUBCHAPTER E. UNIVERSITY INTERSCHOLASTIC LEAGUE
93	87		Sec. 67.71. DEFINITIONS. In this subchapter:
94	88		(1) "League" means the University Interscholastic
95	89		League.
96	90		(2) "Rule" or "contest rule" means a rule or procedure
97	91		included in the league's constitution and contest rules.
98	92		SECTION 7. Sections 33.083(b) and (d), Education Code, are
99	93		transferred to Subchapter E, Chapter 67, Education Code, as added
100	94		by this Act, redesignated as Section 67.72, Education Code, and
101	95		amended to read as follows:
102	96		Sec. 67.72. UNIVERSITY INTERSCHOLASTIC LEAGUE.
103	97		(a) [(b)] The University Interscholastic League is a state agency
104	98		that is part of The University of Texas at Austin [and must submit
105	99		its rules and procedures to the commissioner for approval or
106	100		disapproval]. The funds belonging to the league [University
107	101		Interscholastic League] shall be deposited with the university [The
108	102		University of Texas at Austin] for the benefit of the league and
109	103		shall be subject to audits by the university [The University of
110	104		Texas at Austin], The University of Texas System, and the state
111	105		auditor. Copies of annual audits shall be furnished, on request, to
112	106		members of the legislature.
113	107		(b) The league:
114	108		(1) creates and administers interscholastic contests,
115	109		including academic, music, and athletic contests, for member
116	110		schools;
117	111		(2) adopts and enforces contest rules;
118	112		(3) creates local committees to assist in the
119	113		administration of interscholastic contests; and
120	114		(4) performs any duty necessary to administer
121	115		interscholastic contests in the state for member schools.
122	116		(c) The league must submit all contest rules and procedures
123	117		to the commissioner of education for approval or disapproval.
124	118		(d) League contest rules are not subject to Chapter 2001,
125	119		Government Code.
126	120		(e) [(d)] The league [University Interscholastic League]
127	121		shall file annually with the governor and the presiding officer of
128	122		each house of the legislature a complete and detailed written
129	123		report accounting for all funds received and disbursed by the
130	124		league [University Interscholastic League] during the preceding
131	125		fiscal year. The form of the annual report and the reporting time
132	126		are as provided by the General Appropriations Act.
133	127		SECTION 8. Section 33.0831, Education Code, is transferred
134	128		to Subchapter E, Chapter 67, Education Code, as added by this Act,
135	129		redesignated as Section 67.73, Education Code, and amended to read
136	130		as follows:
137	131		Sec. 67.73 [33.0831]. [UNIVERSITY INTERSCHOLASTIC] LEAGUE
138	132		RULES: FISCAL IMPACT STATEMENT. (a) The legislative council of
139	133		the league [University Interscholastic League] may not take final
140	134		action on a new or amended rule that would result in additional
141	135		costs for a member school unless a fiscal impact statement
142	136		regarding the rule has been completed in accordance with this
143	137		section.
144	138		(b) For purposes of Subsection (a), final action by the
145	139		legislative council means:
146	140		(1) submitting a rule to school superintendents, if
147	141		the submission is required under the legislative council's
148	142		procedures; or
149	143		(2) submitting a rule approved by the council to the
150	144		commissioner of education for the commissioner's approval under
151	145		Section 67.72(c) [33.083(b)], if the rule does not require
152	146		submission to school superintendents under the legislative
153	147		council's procedures.
154	148		(c) A fiscal impact statement regarding a rule must include:
155	149		(1) a projection of the costs to member schools of
156	150		complying with the rule during the five-year period following the
157	151		effective date of the rule; and
158	152		(2) an explanation of the methodology used to analyze
159	153		the fiscal impact of the rule and determine the costs projection
160	154		required by Subdivision (1).
161	155		(d) If a fiscal impact statement is prepared for a rule, a
162	156		copy of the statement must be attached to the rule when it is
163	157		submitted for approval to school superintendents, if applicable,
164	158		and when it is submitted to the commissioner of education for
165	159		approval.
166	160		SECTION 9. Subchapter E, Chapter 67, Education Code, as
167	161		added by this Act, is amended by adding Section 67.74 to read as
168	162		follows:
169	163		Sec. 67.74. LOCAL COMMITTEES. (a) A local committee
170	164		created to assist the league in the administration of
171	165		interscholastic contests is subject to the open meetings
172	166		requirements under Chapter 551, Government Code, and public
173	167		information requirements under Chapter 552, Government Code, in the
174	168		same manner that the board of trustees of a school district is
175	169		subject to those laws. In addition to any other applicable
176	170		exceptions, the exceptions found in Sections 552.114 and 552.135,
177	171		Government Code, apply to a local committee.
178	172		(b) Any money collected by a local committee for committee
179	173		use are not funds belonging to the league and may not be deposited
180	174		in a university account.
181	175		(c) A local committee shall:
182	176		(1) collect and expend funds in accordance with league
183	177		rules; and
184	178		(2) report revenue and expenditures on an annual basis
185	179		to the league.
186	180		SECTION 10. Sections 33.085, 33.091, 33.209, and 67.26,
187	181		Education Code, are transferred to Subchapter E, Chapter 67,
188	182		Education Code, as added by this Act, redesignated as Sections
189	183		67.75, 67.76, 67.77, and 67.78, Education Code, respectively, and
190	184		amended to read as follows:
191	185		Sec. 67.75 [33.085]. AUTHORITY [OF UNIVERSITY
192	186		INTERSCHOLASTIC LEAGUE] REGARDING ACTIVITIES INVOLVING SPORTS
193	187		OFFICIALS. (a) In this section, "sports official" [:
194	188		[(1) "League" means the University Interscholastic
195	189		League.
196	190		[(2) "Sports official"] means a person who officiates,
197	191		judges, or in any manner enforces contest rules in any official
198	192		capacity with respect to and during the course of an
199	193		interscholastic athletic team competition and who is a member of a
200	194		league-recognized local chapter or association of sports
201	195		officials. The term includes a referee, umpire, linesman, judge,
202	196		or any other person similarly involved in supervising competitive
203	197		play. The term does not include a league board member or a league
204	198		official who is acting in an official capacity to supervise,
205	199		administer, or enforce the league constitution or league contest
206	200		rules.
207	201		(b) The league may require a sports official, as a condition
208	202		of eligibility to officiate a contest sponsored by the league, to:
209	203		(1) be registered with the league and comply with the
210	204		registration requirements of Subsection (c);
211	205		(2) have completed initial and continuing education
212	206		programs regarding league rules;
213	207		(3) be a member in good standing of a local chapter or
214	208		association of sports officials recognized by the league for that
215	209		purpose; and
216	210		(4) agree to abide by league rules, including fee
217	211		schedules and travel reimbursement guidelines for payment by school
218	212		districts or open-enrollment charter schools to a sports official.
219	213		(c) In registering with the league, a sports official must
220	214		be required to provide directory information required by the league
221	215		and submit to a criminal background check.
222	216		(d) The league may not charge a sports official who
223	217		completes a program under Subsection (b)(2) a fee for more than one
224	218		program described by Subsection (b)(2).
225	219		(e) The league may charge and collect a registration fee
226	220		only to defray the cost of registering sports officials and shall
227	221		post the amount of the fee on the league's Internet website and make
228	222		the information available at other places the league determines
229	223		appropriate. The amount of the fee may not exceed the amount
230	224		reasonably determined by the league to be necessary to cover the
231	225		cost of administering registration.
232	226		(f) The league may revoke or suspend the league registration
233	227		of a sports official determined by the league to have violated the
234	228		provisions of the league constitution or contest rules governing
235	229		sports officials or other league policy applicable to sports
236	230		officials. Before the league may take action to revoke or suspend a
237	231		sports official's registration, the league shall notify and consult
238	232		with the local chapter or association of sports officials of which
239	233		the sports official is a member. The local chapter or association
240	234		may, on or before the 15th day after the date notice is received
241	235		from the league, take action to adjudicate the alleged violation.
242	236		If after the 15th day after the date notice is received from the
243	237		league the local chapter or association has failed to take action
244	238		against the sports official or takes action that the league finds to
245	239		be insufficient, the league may take action against the sports
246	240		official. The league shall adopt rules to provide a sports official
247	241		with the opportunity for an appeals process before the league
248	242		revokes or suspends the sports official's registration. In
249	243		adopting rules under this subsection, the league shall make a
250	244		determination of the actions and subsequent sanctions that would be
251	245		considered sufficient under this subsection.
252	246		(g) The league may not sponsor or organize or attempt to
253	247		sponsor or organize any association of sports officials in which
254	248		the majority of the membership is composed of sports officials who
255	249		officiate team sports.
256	250		(h) The league may set rates or fee schedules payable by a
257	251		school district or open-enrollment charter school to a sports
258	252		official.
259	253		(i) Before the league may take any action that amends rules
260	254		related to the activities of sports officials, other than an action
261	255		against an individual sports official under Subsection (f), the
262	256		league must submit the proposed action for public review and
263	257		comment, including:
264	258		(1) notifying registered sports officials of the
265	259		proposed action by e-mail not later than the 30th day before the
266	260		date set for action on the proposal; and
267	261		(2) posting the proposal on the league's Internet
268	262		website for at least 30 consecutive days before the date set for
269	263		action on the proposal.
270	264		Sec. 67.76 [33.091]. PREVENTION OF ILLEGAL STEROID USE[;
271	265		RANDOM TESTING]. (a) In this section:
272	266		(1) ["League" means the University Interscholastic
273	267		League.
274	268		[(2)] "Parent" includes a guardian or other person
275	269		standing in parental relation.
276	270		(2) [(3)] "Steroid" means an anabolic steroid as
277	271		described by Section 481.104, Health and Safety Code.
278	272		(b) [The league shall adopt rules prohibiting a student from
279	273		participating in an athletic competition sponsored or sanctioned by
280	274		the league unless:
281	275		[(1) the student agrees not to use steroids and, if the
282	276		student is enrolled in high school, the student submits to random
283	277		testing for the presence of illegal steroids in the student's body,
284	278		in accordance with the program established under Subsection (d);
285	279		and
286	280		[(2) the league obtains from the student's parent a
287	281		statement signed by the parent and acknowledging that:
288	282		[(A) the parent's child, if enrolled in high
289	283		school, may be subject to random steroid testing;
290	284		[(B) state law prohibits possessing, dispensing,
291	285		delivering, or administering a steroid in a manner not allowed by
292	286		state law;
293	287		[(C) state law provides that bodybuilding,
294	288		muscle enhancement, or the increase of muscle bulk or strength
295	289		through the use of a steroid by a person who is in good health is not
296	290		a valid medical purpose;
297	291		[(D) only a licensed practitioner with
298	292		prescriptive authority may prescribe a steroid for a person; and
299	293		[(E) a violation of state law concerning steroids
300	294		is a criminal offense punishable by confinement in jail or
301	295		imprisonment in the Texas Department of Criminal Justice.
302	296		[(c)] The league shall:
303	297		(1) develop an educational program for students
304	298		engaged in extracurricular athletic activities sponsored or
305	299		sanctioned by the league, parents of those students, and coaches of
306	300		those activities regarding the health effects of steroid use; and
307	301		(2) make the program available to school districts.
308	302		(c) [(c-1)] A school district shall require that each
309	303		district employee who serves as an athletic coach at or above the
310	304		seventh grade level for an extracurricular athletic activity
311	305		sponsored or sanctioned by the league complete:
312	306		(1) the educational program developed by the league
313	307		under Subsection (b) [(c)]; or
314	308		(2) a comparable program developed by the district or
315	309		a private entity with relevant expertise.
316	310		[(d) The league shall adopt rules for the annual
317	311		administration of a steroid testing program under which high school
318	312		students participating in an athletic competition sponsored or
319	313		sanctioned by the league are tested at multiple times throughout
320	314		the year for the presence of steroids in the students' bodies. The
321	315		testing program must:
322	316		[(1) require the random testing of a statistically
323	317		significant number of high school students in this state who
324	318		participate in athletic competitions sponsored or sanctioned by the
325	319		league;
326	320		[(2) provide for the selection of specific students
327	321		described by Subdivision (1) for testing through a process that
328	322		randomly selects students from a single pool consisting of all
329	323		students who participate in any activity for which the league
330	324		sponsors or sanctions athletic competitions;
331	325		[(3) be administered at approximately 30 percent of
332	326		the high schools in this state that participate in athletic
333	327		competitions sponsored or sanctioned by the league;
334	328		[(4) provide for a process for confirming any initial
335	329		positive test result through a subsequent test conducted as soon as
336	330		practicable after the initial test, using a sample that was
337	331		obtained at the same time as the sample used for the initial test;
338	332		[(5) require the testing to be performed only by an
339	333		anabolic steroid testing laboratory with a current certification
340	334		from the Substance Abuse and Mental Health Services Administration
341	335		of the United States Department of Health and Human Services, the
342	336		World Anti-Doping Agency, or another appropriate national or
343	337		international certifying organization; and
344	338		[(6) provide for a period of ineligibility from
345	339		participation in an athletic competition sponsored or sanctioned by
346	340		the league for any student with a confirmed positive test result or
347	341		any student who refuses to submit to random testing.
348	342		[(e) Results of a steroid test conducted under Subsection
349	343		(d) are confidential and, unless required by court order, may be
350	344		disclosed only to the student and the student's parent and the
351	345		activity directors, principal, and assistant principals of the
352	346		school attended by the student.
353	347		[(f) From funds already appropriated, the agency shall pay
354	348		the costs of the steroid testing program established under
355	349		Subsection (d).
356	350		[(g) The league may increase the membership fees required of
357	351		school districts that participate in athletic competitions
358	352		sponsored or sanctioned by the league in an amount necessary to
359	353		offset the cost of league activities under this section.
360	354		[(h) Subsection (b)(1) does not apply to the use by a
361	355		student of a steroid that is dispensed, prescribed, delivered, and
362	356		administered by a medical practitioner for a valid medical purpose
363	357		and in the course of professional practice, and a student is not
364	358		subject to a period of ineligibility under Subsection (d)(6) on the
365	359		basis of that steroid use.]
366	360		Sec. 67.77 [33.209]. INCORPORATION OF SAFETY REGULATIONS.
367	361		The league [University Interscholastic League] shall incorporate
368	362		the provisions of Sections 33.203-33.207 into the league's
369	363		constitution and contest rules.
370	364		Sec. 67.78 [67.26]. [UNIVERSITY INTERSCHOLASTIC LEAGUE;]
371	365		VENUE FOR LEAGUE SUITS. Venue for suits brought against the league
372	366		[University Interscholastic League] or for suits involving the
373	367		interpretation or enforcement of the rules or regulations of the
374	368		league [University Interscholastic League] shall be in Travis
375	369		County, Texas. When the litigation involves a school district
376	370		located within Travis County, it shall be heard by a visiting judge.
377	371		SECTION 11. (a) As soon as possible after the effective
378	372		date of this Act, the University Interscholastic League shall
379	373		modify its rules to reflect the changes made by this Act to Section
380	374		33.203, Education Code.
381	375		(b) Sections 33.203(c) and (d), Education Code, as added by
382	376		this Act, apply only to a "Preparticipation Physical
383	377		Evaluation--Physical Examination" form signed on or after the
384	378		effective date of this Act. A "Preparticipation Physical
385	379		Evaluation--Physical Examination" form signed before the effective
386	380		date of this Act is governed by the law in effect immediately before
387	381		the effective date of this Act, and that law is continued in effect
388	382		for that purpose.
389	383		SECTION 12. Section 33.084, Education Code, is repealed.
390	384		SECTION 13. (a) Sections 33.203(c) and (d), Education
391	385		Code, as added by this Act, take effect immediately if this Act
392	386		receives a vote of two-thirds of all the members elected to each
393	387		house, as provided by Section 39, Article III, Texas Constitution.
394	388		If this Act does not receive the vote necessary for immediate
395	389		effect, Sections 33.203(c) and (d), Education Code, as added by
396	390		this Act, take effect September 1, 2015.
397	391		(b) Except as provided by Subsection (a) of this section,
398	392		this Act takes effect September 1, 2015.
399		-	* * * * *