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.