By: Huberty H.B. No. 3476
A BILL TO BE ENTITLED
AN ACT
relating to cardiac assessments of high school participants in
extracurricular athletic activities sponsored or sanctioned by the
University Interscholastic League.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.095 to read as follows:
Sec. 33.095. CARDIAC ASSESSMENTS OF HIGH SCHOOL
PARTICIPANTS IN EXTRACURRICULAR ATHLETIC ACTIVITIES. (a) A school
district must require a district student who is required under
University Interscholastic League rule or policy to receive a
physical examination before being allowed to participate in an
athletic activity sponsored or sanctioned by the University
Interscholastic League to also have administered to the student an
electrocardiogram before being allowed to participate in the
activity, including a practice for the activity, as follows:
(1) one time before the student's first year of
participation at the ninth grade level or above; and
(2) another time before the student's third year of
participation.
(b) This section does not create a cause of action or
liability against an appropriately licensed or certified health
care professional, a school district, or a district officer or
employee for the injury or death of a student participating in or
practicing for an athletic activity sponsored or sanctioned by the
University Interscholastic League based on or in connection with
the administration or evaluation of or reliance on an
electrocardiogram or on an echocardiogram.
(c) The University Interscholastic League shall adopt rules
as necessary to administer this section.
(d) The rules adopted under Subsection (c) must include:
(1) criteria under which a school district may
demonstrate a hardship that allows the district to delay the
required electrocardiograms to students under this section; and
(2) provisions that allow for granting a waiver from
administration of an electrocardiogram under this section to a
student if, for any reason, the parent of or a person standing in
parental relation to the student submits a written request for the
waiver.
SECTION 2. This Act applies beginning with the 2018-2019
school year.
SECTION 3. This Act takes effect immediately if it 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, this
Act takes effect September 1, 2017.