Texas 2021 - 87th Regular

Texas House Bill HB4526 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Guillen H.B. No. 4526
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to prohibiting participation in or attendance at future
7	7	extracurricular activities for certain conduct involving the
8	8	assault of an extracurricular activity official and the safety of
9	9	an extracurricular activity official.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 33.081, Education Code, is amended by
12	12	adding Subsections (e-1) and (f-1) and amending Subsections (f) and
13	13	(g) to read as follows:
14	14	(e-1) A student who is enrolled in a school district in this
15	15	state or who participates in a University Interscholastic League
16	16	competition shall be prohibited from participation in any future
17	17	extracurricular activity sponsored or sanctioned by the school
18	18	district or the University Interscholastic League if the student
19	19	engages in conduct that contains the elements of the offense of
20	20	assault under Section 22.01(a)(1), Penal Code:
21	21	(1) against a person serving as referee, judge, or
22	22	other official of an extracurricular activity; and
23	23	(2) in retaliation for or as a result of the person's
24	24	actions taken in performing the duties of a referee, judge, or other
25	25	official of the extracurricular activity.
26	26	(f) Except for a student prohibited from participation
27	27	under Subsection (e-1), a [A] student suspended under this section
28	28	may practice or rehearse with other students for an extracurricular
29	29	activity but may not participate in a competition or other public
30	30	performance.
31	31	(f-1) A parent or guardian of a student who is enrolled in a
32	32	school district in this state or who participates in a University
33	33	Interscholastic League competition shall be prohibited from
34	34	attending any future extracurricular activity sponsored or
35	35	sanctioned by the school district or the University Interscholastic
36	36	League if the parent or guardian engages in conduct that contains
37	37	the elements of the offense of assault under Section 22.01(a)(1),
38	38	Penal Code:
39	39	(1) against a person serving as referee, judge, or
40	40	other official of an extracurricular activity; and
41	41	(2) in retaliation for or as a result of the person's
42	42	actions taken in performing the duties of a referee, judge, or other
43	43	official of the extracurricular activity.
44	44	(g) An appeal to the commissioner is not a contested case
45	45	under Chapter 2001, Government Code, if the issues presented relate
46	46	to a person's [student's] eligibility to participate in or attend an
47	47	extracurricular activity [activities], including issues related to
48	48	a [the] student's grades, [or] the school district's grading policy
49	49	as applied to a [the] student's eligibility, a student's
50	50	eligibility based on conduct described by Subsection (e-1), or a
51	51	parent's or guardian's eligibility to attend an extracurricular
52	52	activity under Subsection (f-1). The commissioner may delegate the
53	53	matter for decision to a person the commissioner designates. The
54	54	decision of the commissioner or the commissioner's designee in a
55	55	matter governed by this subsection may not be appealed except on the
56	56	grounds that the decision is arbitrary or capricious. Evidence may
57	57	not be introduced on appeal other than the record of the evidence
58	58	before the commissioner.
59	59	Section 2 Subchapter D, Chapter 33, Education Code, is
60	60	amended by adding Section 33.098 to read as follows:
61	61	Sec. 33.098. SAFETY OF OFFICIAL. A school district or
62	62	open-enrollment charter school that holds an extracurricular
63	63	activity or a University Interscholastic League competition on
64	64	district or school property shall provide a peace officer, school
65	65	resource officer, or security personnel to ensure the safety of a
66	66	referee, judge, or other official of the activity or competition
67	67	until the official departs district or school property if:
68	68	(1) a participant or spectator of the activity or
69	69	competition engages in, attempts to engage in, or threatens violent
70	70	conduct against the official or otherwise disrupts the duties or
71	71	free movement of the official; or
72	72	(2) the district or school reasonably suspects that an
73	73	incident described by Subdivision (1) may occur at the activity or
74	74	competition.
75	75	SECTION 3. This Act applies beginning with the 2021-2022
76	76	school year.
77	77	SECTION 4. This Act takes effect immediately if it receives
78	78	a vote of two-thirds of all the members elected to each house, as
79	79	provided by Section 39, Article III, Texas Constitution. If this
80	80	Act does not receive the vote necessary for immediate effect, this
81	81	Act takes effect September 1, 2021.