| 1 | 1 | | 88R9939 ANG-F |
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| 2 | 2 | | By: LaMantia S.B. No. 2438 |
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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 safety of a referee, judge, or other official at a |
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| 8 | 8 | | public school extracurricular activity and prohibiting certain |
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| 9 | 9 | | conduct by a spectator related to those officials' safety. |
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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. Section 33.081, Education Code, is amended by |
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| 12 | 12 | | adding Subsection (f-1) and amending Subsection (g) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (f-1) A spectator of a University Interscholastic League |
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| 15 | 15 | | competition, including a parent or guardian of a student |
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| 16 | 16 | | participant, shall be prohibited from attending any future |
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| 17 | 17 | | extracurricular activity sponsored or sanctioned by the school |
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| 18 | 18 | | district or the University Interscholastic League if the spectator |
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| 19 | 19 | | engages in conduct that intentionally, knowingly, or recklessly |
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| 20 | 20 | | causes bodily injury to a person serving as referee, judge, or other |
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| 21 | 21 | | official of an extracurricular activity in retaliation for or as a |
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| 22 | 22 | | result of the person's actions taken in performing the duties of a |
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| 23 | 23 | | referee, judge, or other official of the extracurricular activity. |
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| 24 | 24 | | (g) An appeal to the commissioner is not a contested case |
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| 25 | 25 | | under Chapter 2001, Government Code, if the issues presented relate |
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| 26 | 26 | | to a person's [student's] eligibility to participate in or attend an |
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| 27 | 27 | | extracurricular activity [activities], including issues related to |
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| 28 | 28 | | a [the] student's grades, the school district's grading policy as |
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| 29 | 29 | | applied to a [the] student's eligibility, a [or the] student's |
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| 30 | 30 | | eligibility based on conduct described by Subsection (e-1), or a |
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| 31 | 31 | | spectator's eligibility to attend an extracurricular activity |
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| 32 | 32 | | under Subsection (f-1). The commissioner may delegate the matter |
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| 33 | 33 | | for decision to a person the commissioner designates. The decision |
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| 34 | 34 | | of the commissioner or the commissioner's designee in a matter |
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| 35 | 35 | | governed by this subsection may not be appealed except on the |
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| 36 | 36 | | grounds that the decision is arbitrary or capricious. Evidence may |
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| 37 | 37 | | not be introduced on appeal other than the record of the evidence |
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| 38 | 38 | | before the commissioner. |
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| 39 | 39 | | SECTION 2. Subchapter D, Chapter 33, Education Code, is |
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| 40 | 40 | | amended by adding Section 33.099 to read as follows: |
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| 41 | 41 | | Sec. 33.099. SAFETY OF OFFICIAL. A school district or |
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| 42 | 42 | | open-enrollment charter school that holds an extracurricular |
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| 43 | 43 | | activity or a University Interscholastic League competition on |
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| 44 | 44 | | district or school property shall provide a peace officer, school |
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| 45 | 45 | | resource officer, or security personnel to ensure the safety of a |
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| 46 | 46 | | referee, judge, or other official of the activity or competition |
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| 47 | 47 | | until the official departs district or school property if: |
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| 48 | 48 | | (1) a participant or spectator of the activity or |
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| 49 | 49 | | competition engages in, attempts to engage in, or threatens violent |
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| 50 | 50 | | conduct against the official or otherwise disrupts the duties or |
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| 51 | 51 | | free movement of the official; or |
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| 52 | 52 | | (2) the district or school reasonably suspects that an |
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| 53 | 53 | | incident described by Subdivision (1) may occur at the activity or |
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| 54 | 54 | | competition. |
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| 55 | 55 | | SECTION 3. This Act applies beginning with the 2023-2024 |
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| 56 | 56 | | school year. |
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| 57 | 57 | | SECTION 4. This Act takes effect immediately if it receives |
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| 58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 61 | | Act takes effect September 1, 2023. |
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