1-1 By: Lewis of Orange (Senate Sponsor - Bernsen) H.B. No. 3573
1-2 (In the Senate - Received from the House May 13, 1999;
1-3 May 14, 1999, read first time and referred to Committee on
1-4 Education; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to extracurricular activities sponsored or sanctioned by a
1-9 school district or the University Interscholastic League.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 7.102(c)(27), Education Code, is amended
1-12 to read as follows:
1-13 (27) The commissioner [board] shall adopt rules
1-14 relating to extracurricular activities under Section 33.081 and
1-15 approve or [,] disapprove [, or modify] University Interscholastic
1-16 League rules and procedures under Section 33.083.
1-17 SECTION 2. Section 33.081(c), Education Code, is amended to
1-18 read as follows:
1-19 (c) A student who is enrolled in a school district in this
1-20 state or who participates in a University Interscholastic League
1-21 competition shall be suspended from participation in any
1-22 extracurricular activity sponsored or sanctioned by the school
1-23 district or the University Interscholastic League after a grade
1-24 evaluation period in which the student received a grade lower than
1-25 the equivalent of 70 on a scale of 100 in any academic class other
1-26 than an identified honors or advanced class. A suspension
1-27 continues for at least three school weeks and is not removed during
1-28 the school year until the conditions of Subsection (d) are met. A
1-29 suspension does not last beyond the end of a school year. For
1-30 purposes of this subsection, "grade evaluation period" means:
1-31 (1) the six-week grade reporting period; or
1-32 (2) the first six weeks of a semester and each grade
1-33 reporting period thereafter, in the case of a district with a grade
1-34 reporting period longer than six weeks.
1-35 SECTION 3. Subchapter D, Chapter 33, Education Code, is
1-36 amended by adding Section 33.0811 to read as follows:
1-37 Sec. 33.0811. SCHOOL DISTRICT POLICY ON ABSENCES TO
1-38 PARTICIPATE IN EXTRACURRICULAR ACTIVITIES. (a) Notwithstanding
1-39 Section 33.081(a), the board of trustees of a school district may
1-40 adopt a policy establishing the number of times a student who is
1-41 otherwise eligible to participate in an extracurricular activity
1-42 under Section 33.081 may be absent from class to participate in an
1-43 extracurricular activity sponsored or sanctioned by the district or
1-44 the University Interscholastic League or by an organization
1-45 sanctioned by resolution of the board of trustees of the district.
1-46 (b) A policy adopted by the board of trustees of a district
1-47 under this section:
1-48 (1) prevails over a conflicting policy adopted under
1-49 Section 33.081(a); and
1-50 (2) must permit a student to be absent from class at
1-51 least 10 times during the school year.
1-52 SECTION 4. Section 33.083(b), Education Code, is amended to
1-53 read as follows:
1-54 (b) The University Interscholastic League is a part of The
1-55 University of Texas at Austin and must submit its rules and
1-56 procedures to the commissioner [State Board of Education] for
1-57 approval or [,] disapproval [, or modification]. The funds
1-58 belonging to the University Interscholastic League shall be
1-59 deposited with The University of Texas at Austin for the benefit of
1-60 the league and shall be subject to audits by The University of
1-61 Texas at Austin, The University of Texas System, and the state
1-62 auditor. Copies of annual audits shall be furnished, on request,
1-63 to members of the legislature.
1-64 SECTION 5. Section 33.081, Education Code, is amended by
2-1 adding Subsections (h) and (i) to read as follows:
2-2 (h) The University Interscholastic League shall adopt rules
2-3 under which a team may be disqualified from competition on the
2-4 basis of participation in an extracurricular activity by a team
2-5 member who is ineligible to participate in the activity under this
2-6 section. The rules may provide for disqualification of a team from
2-7 competition if the school responsible for making a verification
2-8 fails to properly verify the team member's eligibility. The rules
2-9 may also provide that a team is not disqualified from competition
2-10 if:
2-11 (1) the school responsible for verification properly
2-12 verified the team member's eligibility, based on the facts
2-13 available; or
2-14 (2) an appropriate entity had previously ruled that
2-15 the team member was eligible.
2-16 (i) A school responsible for making a verification shall
2-17 verify a student's grades:
2-18 (1) independently of involvement by the student; and
2-19 (2) on the basis of the official grade report.
2-20 SECTION 6. The University Interscholastic League shall adopt
2-21 rules as provided by Section 33.081(h), Education Code, as added by
2-22 this Act, as soon as practicable after the effective date of this
2-23 Act.
2-24 SECTION 7. Sections 1, 2, and 4 of this Act apply beginning
2-25 September 1, 1999.
2-26 SECTION 8. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
2-28 emergency and an imperative public necessity that the
2-29 constitutional rule requiring bills to be read on three several
2-30 days in each house be suspended, and this rule is hereby suspended,
2-31 and that this Act take effect and be in force from and after its
2-32 passage, and it is so enacted.
2-33 * * * * *