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A BILL TO BE ENTITLED
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AN ACT
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relating to the safety of a referee, judge, or other official at |
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certain public school extracurricular activities and prohibiting |
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certain conduct by a spectator related to those officials' safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.081, Education Code, is amended by |
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adding Subsection (f-1) and amending Subsection (g) to read as |
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follows: |
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(f-1) A spectator of a University Interscholastic League |
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competition, including a parent or guardian of a student |
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participant, shall be prohibited from attending any future |
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extracurricular activity sponsored or sanctioned by the school |
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district or the University Interscholastic League if the spectator |
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engages in conduct that intentionally, knowingly, or recklessly |
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causes bodily injury to a person serving as referee, judge, or other |
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official of an extracurricular activity in retaliation for or as a |
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result of the person's actions taken in performing the duties of a |
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referee, judge, or other official of the extracurricular activity. |
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(g) An appeal to the commissioner is not a contested case |
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under Chapter 2001, Government Code, if the issues presented relate |
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to a person's [student's] eligibility to participate in or attend an |
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extracurricular activity [activities], including issues related to |
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a [the] student's grades, the school district's grading policy as |
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applied to a [the] student's eligibility, a [or the] student's |
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eligibility based on conduct described by Subsection (e-1), or a |
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spectator's eligibility to attend an extracurricular activity |
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under Subsection (f-1). The commissioner may delegate the matter |
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for decision to a person the commissioner designates. The decision |
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of the commissioner or the commissioner's designee in a matter |
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governed by this subsection may not be appealed except on the |
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grounds that the decision is arbitrary or capricious. Evidence may |
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not be introduced on appeal other than the record of the evidence |
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before the commissioner. |
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SECTION 2. Subchapter D, Chapter 33, Education Code, is |
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amended by adding Section 33.099 to read as follows: |
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Sec. 33.099. SAFETY OF OFFICIAL. A school district or |
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open-enrollment charter school that holds an extracurricular |
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athletic activity or a University Interscholastic League athletic |
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competition on district or school property shall provide a peace |
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officer, school resource officer, administrator, or security |
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personnel to ensure the safety of a referee, judge, or other |
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official of the activity or competition until the official departs |
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district or school property if: |
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(1) a participant or spectator of the activity or |
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competition engages in, attempts to engage in, or threatens violent |
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conduct against the official or otherwise disrupts the duties or |
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free movement of the official; or |
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(2) the district or school reasonably suspects that an |
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incident described by Subdivision (1) may occur at the activity or |
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competition. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |