H.B. No. 961
AN ACT
relating to the membership and training course requirements of a
public school concussion oversight team and the removal of a public
school student from an interscholastic athletic activity on the
basis of a suspected concussion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.154, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) If a school district or open-enrollment charter
school employs a school nurse, the school nurse may be a member of
the district or charter school concussion oversight team if
requested by the school nurse.
SECTION 2. Section 38.156, Education Code, is amended to
read as follows:
Sec. 38.156. REMOVAL FROM PLAY IN PRACTICE OR COMPETITION
FOLLOWING CONCUSSION. A student shall be removed from an
interscholastic athletics practice or competition immediately if
one of the following persons believes the student might have
sustained a concussion during the practice or competition:
(1) a coach;
(2) a physician;
(3) a licensed health care professional;
(4) a person licensed under Chapter 201, Occupations
Code; [or]
(5) a school nurse; or
(6) the student's parent or guardian or another person
with legal authority to make medical decisions for the student.
SECTION 3. Sections 38.158(c), (e), and (g), Education
Code, are amended to read as follows:
(c) The following persons must take a training course in
accordance with Subsection (e) from an authorized training provider
at least once every two years:
(1) a coach of an interscholastic athletic activity;
(2) a school nurse who serves as a member of a
concussion oversight team;
(3) a licensed health care professional who serves as
a member of a concussion oversight team and is an employee,
representative, or agent of a school district or open-enrollment
charter school; and
(4) [(3)] a licensed health care professional who
serves on a volunteer basis as a member of a concussion oversight
team for a school district or open-enrollment charter school.
(e) For purposes of Subsection (c):
(1) a coach must take a course described by Subsection
(a);
(2) an athletic trainer must take:
(A) a course described by Subsection (b); or
(B) a course concerning the subject matter of
concussions that has been approved for continuing education credit
by the appropriate licensing authority for the profession; and
(3) a school nurse or licensed health care
professional, other than an athletic trainer, must take:
(A) a course described by Subsection (a) or (b);
or
(B) a course concerning the subject matter of
concussions that has been approved for continuing education credit
by the appropriate licensing authority for the profession.
(g) A school nurse or licensed health care professional who
is not in compliance with the training requirements under this
section may not serve on a concussion oversight team in any
capacity.
SECTION 4. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 961 was passed by the House on April
16, 2019, by the following vote: Yeas 136, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 961 was passed by the Senate on May
20, 2019, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor