Texas 2019 - 86th Regular

Texas House Bill HB76 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 76
	1	+	By: Huberty, et al. (Senate Sponsor - Alvarado) H.B. No. 76
	2	+	(In the Senate - Received from the House March 27, 2019;
	3	+	April 1, 2019, read first time and referred to Committee on
	4	+	Education; May 17, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 6, Nays 4;
	6	+	May 17, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 76 By: Campbell
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to cardiac assessments of high school participants in
6	14		extracurricular athletic activities sponsored or sanctioned by the
7	15		University Interscholastic League.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Subchapter D, Chapter 33, Education Code, is
10	18		amended by adding Section 33.096 to read as follows:
11	19		Sec. 33.096. CARDIAC ASSESSMENTS OF HIGH SCHOOL
12	20		PARTICIPANTS IN EXTRACURRICULAR ATHLETIC ACTIVITIES. (a) A school
13	21		district must provide a district student, who is required under
14	22		University Interscholastic League rule or policy to receive a
15	23		physical examination before being allowed to participate in an
16	24		athletic activity sponsored or sanctioned by the University
17	25		Interscholastic League, the following:
18	26		(1) information about sudden cardiac arrest and
19	27		electrocardiogram testing; and
20	28		(2) notification of the option of the student to
21	29		request the administration of an electrocardiogram, in addition to
22	30		the physical examination.
23	31		(b) A student may request an electrocardiogram from any
24	32		health care professional, including a health care professional
25	33		provided through the student's patient-centered medical home, as
26	34		defined by Section 533.0029, Government Code, a health care
27	35		professional provided through a school district program, or another
28	36		health care professional chosen by the parent or person standing in
29	37		parental relation to the student, provided that the health care
30	38		professional is:
31	39		(1) appropriately licensed in this state; and
32	40		(2) authorized to administer and interpret
33	41		electrocardiograms under the health care professional's scope of
34		-	practice, as established by the ~~health care professional's Texas~~
35		-	~~licensing act~~.
	42	+	practice, as established by the applicable licensing provisions or
	43	+	other laws of this state.
36	44		(c) The University Interscholastic League shall adopt rules
37	45		as necessary to administer this section.
38	46		(d) The rules adopted under Subsection (c) must include:
39	47		(1) criteria under which a school district may request
40	48		an exemption from the requirements of Subsection (a);
41	49		(2) variances that allow for a delay of the
42	50		implementation of the requirement to notify students of the option
43	51		to request an electrocardiogram under this section;
44	52		(3) procedures to ensure students receiving the
45	53		required annual physical examination are notified of the option to
46	54		request an electrocardiogram; and
47	55		(4) provisions to ensure that the requirements under
48	56		this section are minimum standards that provide a school district
49	57		with the option to implement a program that exceeds the standards
50	58		required by this section.
51	59		(e) This section does not create a cause of action or
52	60		liability or a standard of care, obligation, or duty that provides a
53	61		basis for a cause of action or liability against a health care
54	62		professional described by Subsection (b), the University
55	63		Interscholastic League, a school district, or a district officer or
56	64		employee for:
57	65		(1) the injury or death of a student participating in
58	66		or practicing for an athletic activity sponsored or sanctioned by
59	67		the University Interscholastic League based on or in connection
60	68		with the administration or interpretation of or reliance on an
61	69		electrocardiogram; or
62	70		(2) the content or distribution of the information
63	71		required under Subsection (a) or the failure to distribute the
64	72		required information under this section.
65	73		SECTION 2. This Act applies beginning with the 2019-2020
66	74		school year.
67	75		SECTION 3. This Act takes effect immediately if it receives
68	76		a vote of two-thirds of all the members elected to each house, as
69	77		provided by Section 39, Article III, Texas Constitution. If this
70	78		Act does not receive the vote necessary for immediate effect, this
71	79		Act takes effect September 1, 2019.
72		-	______________________________ ______________________________
73		-	President of the Senate Speaker of the House
74		-	I certify that H.B. No. 76 was passed by the House on March
75		-	26, 2019, by the following vote: Yeas 145, Nays 0, 1 present, not
76		-	voting; and that the House concurred in Senate amendments to H.B.
77		-	No. 76 on May 23, 2019, by the following vote: Yeas 139, Nays 0, 1
78		-	present, not voting.
79		-	______________________________
80		-	Chief Clerk of the House
81		-	I certify that H.B. No. 76 was passed by the Senate, with
82		-	amendments, on May 20, 2019, by the following vote: Yeas 20, Nays
83		-	11.
84		-	______________________________
85		-	Secretary of the Senate
86		-	APPROVED: __________________
87		-	Date
88		-	__________________
89		-	Governor
	80	+	* * * * *