By Lewis of Orange H.B. No. 3573
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to extracurricular activities sponsored or sanctioned by a
1-3 school district or the University Interscholastic League.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 7.102(c)(27), Education Code, is amended
1-6 to read as follows:
1-7 (27) The commissioner [board] shall adopt rules
1-8 relating to extracurricular activities under Section 33.081 and
1-9 approve or [,] disapprove [, or modify] University Interscholastic
1-10 League rules and procedures under Section 33.083.
1-11 SECTION 2. Section 33.081(c), Education Code, is amended to
1-12 read as follows:
1-13 (c) A student who is enrolled in a school district in this
1-14 state or who participates in a University Interscholastic League
1-15 competition shall be suspended from participation in any
1-16 extracurricular activity sponsored or sanctioned by the school
1-17 district or the University Interscholastic League after a grade
1-18 evaluation period in which the student received a grade lower than
1-19 the equivalent of 70 on a scale of 100 in any academic class other
1-20 than an identified honors or advanced class. A suspension
1-21 continues for at least three school weeks and is not removed during
1-22 the school year until the conditions of Subsection (d) are met. A
1-23 suspension does not last beyond the end of a school year. For
1-24 purposes of this subsection, "grade evaluation period" means:
2-1 (1) the six-week grade reporting period; or
2-2 (2) the first six weeks of a semester and each grade
2-3 reporting period thereafter, in the case of a district with a grade
2-4 reporting period longer than six weeks.
2-5 SECTION 3. Subchapter D, Chapter 33, Education Code, is
2-6 amended by adding Section 33.0811 to read as follows:
2-7 Sec. 33.0811. SCHOOL DISTRICT POLICY ON ABSENCES TO
2-8 PARTICIPATE IN EXTRACURRICULAR ACTIVITIES. (a) Notwithstanding
2-9 Section 33.081(a), the board of trustees of a school district may
2-10 adopt a policy establishing the number of times a student who is
2-11 otherwise eligible to participate in an extracurricular activity
2-12 under Section 33.081 may be absent from class to participate in an
2-13 extracurricular activity sponsored or sanctioned by the district or
2-14 the University Interscholastic League or by an organization
2-15 sanctioned by resolution of the board of trustees of the district.
2-16 (b) A policy adopted by the board of trustees of a district
2-17 under this section:
2-18 (1) prevails over a conflicting policy adopted under
2-19 Section 33.081(a); and
2-20 (2) must permit a student to be absent from class at
2-21 least 10 times during the school year.
2-22 SECTION 4. Section 33.083(b), Education Code, is amended to
2-23 read as follows:
2-24 (b) The University Interscholastic League is a part of The
2-25 University of Texas at Austin and must submit its rules and
2-26 procedures to the commissioner [State Board of Education] for
2-27 approval or [,] disapproval [, or modification]. The funds
3-1 belonging to the University Interscholastic League shall be
3-2 deposited with The University of Texas at Austin for the benefit of
3-3 the league and shall be subject to audits by The University of
3-4 Texas at Austin, The University of Texas System, and the state
3-5 auditor. Copies of annual audits shall be furnished, on request,
3-6 to members of the legislature.
3-7 SECTION 5. Section 33.081, Education Code, is amended by
3-8 adding Subsections (h) and (i) to read as follows:
3-9 (h) The University Interscholastic League shall adopt rules
3-10 under which a team may be disqualified from competition on the
3-11 basis of participation in an extracurricular activity by a team
3-12 member who is ineligible to participate in the activity under this
3-13 section. The rules may provide for disqualification of a team from
3-14 competition if the school responsible for making a verification
3-15 fails to properly verify the team member's eligibility. The rules
3-16 may also provide that a team is not disqualified from competition
3-17 if:
3-18 (1) the school responsible for verification properly
3-19 verified the team member's eligibility, based on the facts
3-20 available; or
3-21 (2) an appropriate entity had previously ruled that
3-22 the team member was eligible.
3-23 (i) A school responsible for making a verification shall
3-24 verify a student's grades:
3-25 (1) independently of involvement by the student; and
3-26 (2) on the basis of the official grade report.
3-27 SECTION 6. The University Interscholastic League shall adopt
4-1 rules as provided by Section 33.081(h), Education Code, as added by
4-2 this Act, as soon as practicable after the effective date of this
4-3 Act.
4-4 SECTION 7. Sections 1, 2, and 4 of this Act apply beginning
4-5 September 1, 1999.
4-6 SECTION 8. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended,
4-11 and that this Act take effect and be in force from and after its
4-12 passage, and it is so enacted.