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.