By: Guillen H.B. No. 4526
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting participation in or attendance at future
extracurricular activities for certain conduct involving the
assault of an extracurricular activity official and the safety of
an extracurricular activity official.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.081, Education Code, is amended by
adding Subsections (e-1) and (f-1) and amending Subsections (f) and
(g) to read as follows:
(e-1) A student who is enrolled in a school district in this
state or who participates in a University Interscholastic League
competition shall be prohibited from participation in any future
extracurricular activity sponsored or sanctioned by the school
district or the University Interscholastic League if the student
engages in conduct that contains the elements of the offense of
assault under Section 22.01(a)(1), Penal Code:
(1) against a person serving as referee, judge, or
other official of an extracurricular activity; and
(2) in retaliation for or as a result of the person's
actions taken in performing the duties of a referee, judge, or other
official of the extracurricular activity.
(f) Except for a student prohibited from participation
under Subsection (e-1), a [A] student suspended under this section
may practice or rehearse with other students for an extracurricular
activity but may not participate in a competition or other public
performance.
(f-1) A parent or guardian of a student who is enrolled in a
school district in this state or who participates in a University
Interscholastic League competition shall be prohibited from
attending any future extracurricular activity sponsored or
sanctioned by the school district or the University Interscholastic
League if the parent or guardian engages in conduct that contains
the elements of the offense of assault under Section 22.01(a)(1),
Penal Code:
(1) against a person serving as referee, judge, or
other official of an extracurricular activity; and
(2) in retaliation for or as a result of the person's
actions taken in performing the duties of a referee, judge, or other
official of the extracurricular activity.
(g) An appeal to the commissioner is not a contested case
under Chapter 2001, Government Code, if the issues presented relate
to a person's [student's] eligibility to participate in or attend an
extracurricular activity [activities], including issues related to
a [the] student's grades, [or] the school district's grading policy
as applied to a [the] student's eligibility, a student's
eligibility based on conduct described by Subsection (e-1), or a
parent's or guardian's eligibility to attend an extracurricular
activity under Subsection (f-1). The commissioner may delegate the
matter for decision to a person the commissioner designates. The
decision of the commissioner or the commissioner's designee in a
matter governed by this subsection may not be appealed except on the
grounds that the decision is arbitrary or capricious. Evidence may
not be introduced on appeal other than the record of the evidence
before the commissioner.
Section 2 Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.098 to read as follows:
Sec. 33.098. SAFETY OF OFFICIAL. A school district or
open-enrollment charter school that holds an extracurricular
activity or a University Interscholastic League competition on
district or school property shall provide a peace officer, school
resource officer, or security personnel to ensure the safety of a
referee, judge, or other official of the activity or competition
until the official departs district or school property if:
(1) a participant or spectator of the activity or
competition engages in, attempts to engage in, or threatens violent
conduct against the official or otherwise disrupts the duties or
free movement of the official; or
(2) the district or school reasonably suspects that an
incident described by Subdivision (1) may occur at the activity or
competition.
SECTION 3. This Act applies beginning with the 2021-2022
school year.
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, 2021.