87R5944 MWC-D
By: Lucio S.B. No. 619
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting a student from participating in future
extracurricular activities for certain conduct involving the
assault 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 Subsection (e-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.
(g) An appeal to the commissioner is not a contested case
under Chapter 2001, Government Code, if the issues presented relate
to a student's eligibility to participate in extracurricular
activities, including issues related to the student's grades, [or]
the school district's grading policy as applied to the student's
eligibility, or the student's eligibility based on conduct
described by Subsection (e-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. This Act applies beginning with the 2021-2022
school year.
SECTION 3. 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.