| 1 | 1 | | H.B. No. 1002 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to the membership of a public school concussion oversight |
|---|
| 6 | 6 | | team and the removal of a public school student from an |
|---|
| 7 | 7 | | interscholastic athletic activity on the basis of a suspected |
|---|
| 8 | 8 | | concussion. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 38.154, Education Code, is amended by |
|---|
| 11 | 11 | | adding Subsection (a-1) to read as follows: |
|---|
| 12 | 12 | | (a-1) A school district or open-enrollment charter school |
|---|
| 13 | 13 | | may include any person licensed under Chapter 201 or 453, |
|---|
| 14 | 14 | | Occupations Code, as a member of the district or charter school |
|---|
| 15 | 15 | | concussion oversight team, provided that the person meets the |
|---|
| 16 | 16 | | training requirement under Subsection (c). |
|---|
| 17 | 17 | | SECTION 2. Section 38.156, Education Code, is amended to |
|---|
| 18 | 18 | | read as follows: |
|---|
| 19 | 19 | | Sec. 38.156. REMOVAL FROM PLAY IN PRACTICE OR COMPETITION |
|---|
| 20 | 20 | | FOLLOWING CONCUSSION. A student shall be removed from an |
|---|
| 21 | 21 | | interscholastic athletics practice or competition immediately if |
|---|
| 22 | 22 | | one of the following persons believes the student might have |
|---|
| 23 | 23 | | sustained a concussion during the practice or competition: |
|---|
| 24 | 24 | | (1) a coach; |
|---|
| 25 | 25 | | (2) a physician; |
|---|
| 26 | 26 | | (3) a licensed health care professional; |
|---|
| 27 | 27 | | (4) a person licensed under Chapter 201 or 453, |
|---|
| 28 | 28 | | Occupations Code; |
|---|
| 29 | 29 | | (5) a school nurse; or |
|---|
| 30 | 30 | | (6) the student's parent or guardian or another person |
|---|
| 31 | 31 | | with legal authority to make medical decisions for the student. |
|---|
| 32 | 32 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 36 | 36 | | Act takes effect September 1, 2023. |
|---|
| 37 | 37 | | ______________________________ ______________________________ |
|---|
| 38 | 38 | | President of the Senate Speaker of the House |
|---|
| 39 | 39 | | I certify that H.B. No. 1002 was passed by the House on April |
|---|
| 40 | 40 | | 28, 2023, by the following vote: Yeas 139, Nays 5, 2 present, not |
|---|
| 41 | 41 | | voting. |
|---|
| 42 | 42 | | ______________________________ |
|---|
| 43 | 43 | | Chief Clerk of the House |
|---|
| 44 | 44 | | I certify that H.B. No. 1002 was passed by the Senate on May |
|---|
| 45 | 45 | | 21, 2023, by the following vote: Yeas 30, Nays 1. |
|---|
| 46 | 46 | | ______________________________ |
|---|
| 47 | 47 | | Secretary of the Senate |
|---|
| 48 | 48 | | APPROVED: _____________________ |
|---|
| 49 | 49 | | Date |
|---|
| 50 | 50 | | _____________________ |
|---|
| 51 | 51 | | Governor |
|---|