By Wilson H.B. No. 3001
75R9021 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to minimum requirements for participation in
1-3 intercollegiate athletics at institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 51, Education Code, is
1-6 amended by adding Section 51.950 to read as follows:
1-7 Sec. 51.950. PARTICIPATION IN INTERCOLLEGIATE ATHLETICS.
1-8 (a) In this section:
1-9 (1) "Governing board" and "institution of higher
1-10 education" have the meanings assigned by Section 61.003.
1-11 (2) "Grade evaluation period" means:
1-12 (A) a six-week grade reporting period; or
1-13 (B) the first six weeks of a semester or
1-14 equivalent academic session, and each grade reporting period
1-15 thereafter, as established by the Texas Higher Education
1-16 Coordinating Board.
1-17 (b) A student enrolled at an institution of higher education
1-18 may not participate in any form of intercollegiate athletics and
1-19 shall be suspended from participation in any intercollegiate
1-20 athletic program sanctioned by an institution of higher education
1-21 after a grade evaluation period in which the student's grade
1-22 average in any course offered at the institution or any other
1-23 public or private institution of higher education is lower than the
1-24 equivalent of 70 on a scale of 100.
2-1 (c) A suspension under this section continues for at least
2-2 three weeks and is not removed during any semester or equivalent
2-3 academic session until the conditions of Subsection (d) are met.
2-4 (d) Until the suspension is removed under this subsection or
2-5 the end of two semesters or equivalent academic sessions, an
2-6 institution of higher education shall review the grades of a
2-7 student suspended under Subsection (b) at the end of each
2-8 three-week period following the date on which the suspension began.
2-9 At the time of the review, the suspension is removed if the
2-10 student's grade average in academic classes is equal to or greater
2-11 than the equivalent of 70 on a scale of 100. The governing board
2-12 of the institution and the student's instructors shall make a
2-13 determination concerning the student's grades.
2-14 (e) A student suspended under this section may not practice
2-15 with any other student participating in intercollegiate athletics,
2-16 attend meetings relating to participation in intercollegiate
2-17 athletics, or participate in any competition.
2-18 (f) An appeal of a decision under this chapter is made to
2-19 the Texas Higher Education Coordinating Board. An appeal under
2-20 this subsection is not a contested case under Chapter 2001,
2-21 Government Code, if the issues presented relate to the student's
2-22 eligibility to participate in intercollegiate athletics, including
2-23 issues related to the student's grades or the institution's grading
2-24 policy as applied to the student's eligibility. The board may
2-25 delegate the matter for decision to a person the board designates.
2-26 The decision of the board or the board's designee in a matter
2-27 governed by this subsection may not be appealed except on the
3-1 grounds that the decision is arbitrary or capricious. Evidence may
3-2 not be introduced on appeal other than the record of the evidence
3-3 before the board.
3-4 SECTION 2. This Act takes effect beginning with the 1997
3-5 fall semester.
3-6 SECTION 3. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.