| 1 | 1 | | 87R5944 MWC-D |
|---|
| 2 | 2 | | By: Lucio S.B. No. 619 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to prohibiting a student from participating in future |
|---|
| 8 | 8 | | extracurricular activities for certain conduct involving the |
|---|
| 9 | 9 | | assault of 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 Subsection (e-1) and amending Subsections (f) and (g) to |
|---|
| 13 | 13 | | 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 | | (g) An appeal to the commissioner is not a contested case |
|---|
| 32 | 32 | | under Chapter 2001, Government Code, if the issues presented relate |
|---|
| 33 | 33 | | to a student's eligibility to participate in extracurricular |
|---|
| 34 | 34 | | activities, including issues related to the student's grades, [or] |
|---|
| 35 | 35 | | the school district's grading policy as applied to the student's |
|---|
| 36 | 36 | | eligibility, or the student's eligibility based on conduct |
|---|
| 37 | 37 | | described by Subsection (e-1). The commissioner may delegate the |
|---|
| 38 | 38 | | matter for decision to a person the commissioner designates. The |
|---|
| 39 | 39 | | decision of the commissioner or the commissioner's designee in a |
|---|
| 40 | 40 | | matter governed by this subsection may not be appealed except on the |
|---|
| 41 | 41 | | grounds that the decision is arbitrary or capricious. Evidence may |
|---|
| 42 | 42 | | not be introduced on appeal other than the record of the evidence |
|---|
| 43 | 43 | | before the commissioner. |
|---|
| 44 | 44 | | SECTION 2. This Act applies beginning with the 2021-2022 |
|---|
| 45 | 45 | | school year. |
|---|
| 46 | 46 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 50 | 50 | | Act takes effect September 1, 2021. |
|---|