Texas 2023 - 88th Regular

Texas House Bill HB2484 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2484
2	2
3	3
4	4	AN ACT
5	5	relating to the safety of a referee, judge, or other official at
6	6	certain public school extracurricular activities and competitions
7	7	and prohibiting certain conduct by a spectator related to those
8	8	officials' safety.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 33.081, Education Code, is amended by
11	11	adding Subsections (f-1), (f-2), and (f-3) and amending Subsection
12	12	(g) to read as follows:
13	13	(f-1) A school district shall prohibit a spectator of an
14	14	extracurricular athletic activity or competition, including a
15	15	parent or guardian of a student participant, from attending any
16	16	future extracurricular athletic activity or competition sponsored
17	17	or sanctioned by the school district or the University
18	18	Interscholastic League if the spectator engages in conduct that
19	19	intentionally, knowingly, or recklessly causes bodily injury to a
20	20	person serving as referee, judge, or other official of an
21	21	extracurricular athletic activity or competition in retaliation
22	22	for or as a result of the person's actions taken in performing the
23	23	duties of a referee, judge, or other official of the
24	24	extracurricular athletic activity or competition.
25	25	(f-2) A school district may establish an appeals process by
26	26	which:
27	27	(1) a person may appeal to the district a prohibition
28	28	imposed under Subsection (f-1); and
29	29	(2) the district may determine the facts associated
30	30	with the conduct for which the school district imposed a
31	31	prohibition under Subsection (f-1).
32	32	(f-3) A prohibition imposed under Subsection (f-1) must be
33	33	for not less than one year after the date on which the prohibition
34	34	is imposed but may not exceed five years from the date on which the
35	35	prohibition is imposed.
36	36	(g) An appeal to the commissioner is not a contested case
37	37	under Chapter 2001, Government Code, if the issues presented relate
38	38	to a person's [student's] eligibility to participate in or attend an
39	39	extracurricular activity [activities], including issues related to
40	40	a [the] student's grades, the school district's grading policy as
41	41	applied to a [the] student's eligibility, a [or the] student's
42	42	eligibility based on conduct described by Subsection (e-1), or a
43	43	spectator's eligibility to attend an extracurricular athletic
44	44	activity or competition under Subsection (f-1). The commissioner
45	45	may delegate the matter for decision to a person the commissioner
46	46	designates. The decision of the commissioner or the commissioner's
47	47	designee in a matter governed by this subsection may not be appealed
48	48	except on the grounds that the decision is arbitrary or capricious.
49	49	Evidence may not be introduced on appeal other than the record of
50	50	the evidence before the commissioner.
51	51	SECTION 2. Subchapter D, Chapter 33, Education Code, is
52	52	amended by adding Section 33.099 to read as follows:
53	53	Sec. 33.099. SAFETY OF OFFICIAL. A school district or
54	54	open-enrollment charter school that holds an extracurricular
55	55	athletic activity or a University Interscholastic League athletic
56	56	competition on district or school property shall provide a peace
57	57	officer, a school resource officer, an administrator, or security
58	58	personnel to ensure the safety of a referee, judge, or other
59	59	official of the activity or competition until the official departs
60	60	district or school property if:
61	61	(1) a participant or spectator of the activity or
62	62	competition engages in, attempts to engage in, or threatens violent
63	63	conduct against the official or otherwise disrupts the duties or
64	64	free movement of the official; or
65	65	(2) the district or school reasonably suspects that an
66	66	incident described by Subdivision (1) may occur at the activity or
67	67	competition.
68	68	SECTION 3. This Act applies beginning with the 2023-2024
69	69	school year.
70	70	SECTION 4. This Act takes effect immediately if it receives
71	71	a vote of two-thirds of all the members elected to each house, as
72	72	provided by Section 39, Article III, Texas Constitution. If this
73	73	Act does not receive the vote necessary for immediate effect, this
74	74	Act takes effect September 1, 2023.
75	75	______________________________ ______________________________
76	76	President of the Senate Speaker of the House
77	77	I certify that H.B. No. 2484 was passed by the House on April
78	78	14, 2023, by the following vote: Yeas 139, Nays 4, 1 present, not
79	79	voting; that the House refused to concur in Senate amendments to
80	80	H.B. No. 2484 on May 17, 2023, and requested the appointment of a
81	81	conference committee to consider the differences between the two
82	82	houses; and that the House adopted the conference committee report
83	83	on H.B. No. 2484 on May 25, 2023, by the following vote: Yeas 133,
84	84	Nays 10, 2 present, not voting.
85	85	______________________________
86	86	Chief Clerk of the House
87	87	I certify that H.B. No. 2484 was passed by the Senate, with
88	88	amendments, on May 15, 2023, by the following vote: Yeas 31, Nays
89	89	0; at the request of the House, the Senate appointed a conference
90	90	committee to consider the differences between the two houses; and
91	91	that the Senate adopted the conference committee report on H.B. No.
92	92	2484 on May 25, 2023, by the following vote: Yeas 31, Nays 0.
93	93	______________________________
94	94	Secretary of the Senate
95	95	APPROVED: __________________
96	96	Date
97	97	__________________
98	98	Governor