| 1 | 1 | | 88R6993 JTZ-D |
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| 2 | 2 | | By: Jones of Harris H.B. No. 2631 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the withdrawal or revocation of an athletic scholarship |
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| 8 | 8 | | by a public institution of higher education on the basis of a |
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| 9 | 9 | | student athlete's injury, illness, or disability. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 56, Education Code, is |
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| 12 | 12 | | amended by adding Section 56.0093 to read as follows: |
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| 13 | 13 | | Sec. 56.0093. WITHDRAWAL OR REVOCATION OF CERTAIN ATHLETIC |
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| 14 | 14 | | SCHOLARSHIPS. (a) In this section, "athletic scholarship" means a |
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| 15 | 15 | | scholarship, grant, or similar financial assistance awarded to a |
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| 16 | 16 | | student for a period of at least one academic year that is |
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| 17 | 17 | | conditioned on the student's participation in intercollegiate |
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| 18 | 18 | | athletics. |
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| 19 | 19 | | (b) Subject to Subsection (c), an institution of higher |
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| 20 | 20 | | education may not withdraw or revoke the athletic scholarship of a |
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| 21 | 21 | | student athlete on the basis that the student athlete suffered an |
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| 22 | 22 | | injury, illness, or disability, including a mental illness or |
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| 23 | 23 | | disability, that renders the student athlete unable to participate |
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| 24 | 24 | | in intercollegiate athletics, regardless of whether the injury, |
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| 25 | 25 | | illness, or disability is temporary or permanent or resulted from |
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| 26 | 26 | | the student athlete's participation in an athletic program at the |
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| 27 | 27 | | institution. |
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| 28 | 28 | | (c) An institution of higher education may withdraw or |
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| 29 | 29 | | revoke the athletic scholarship of a student athlete who suffers an |
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| 30 | 30 | | injury, illness, or disability described by Subsection (b) if the |
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| 31 | 31 | | student athlete's injury, illness, or disability resulted from the |
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| 32 | 32 | | student athlete's violation of the institution's student code of |
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| 33 | 33 | | conduct. |
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| 34 | 34 | | (d) The Texas Higher Education Coordinating Board shall |
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| 35 | 35 | | adopt rules as necessary to implement and enforce this section. |
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| 36 | 36 | | SECTION 2. Section 56.0093, Education Code, as added by |
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| 37 | 37 | | this Act, applies beginning with athletic scholarships, grants, or |
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| 38 | 38 | | similar financial assistance initially awarded to student athletes |
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| 39 | 39 | | for the 2023-2024 academic year. |
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| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2023. |
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