By Bernsen S.B. No. 1686
76R4497 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disqualification of a public school extracurricular
1-3 team based on an ineligible team member's participation in an
1-4 extracurricular activity.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 33.081, Education Code, is amended by
1-7 adding Subsection (h) to read as follows:
1-8 (h) The University Interscholastic League shall adopt rules
1-9 under which a team may be disqualified on the basis of
1-10 participation in an extracurricular activity by a team member who
1-11 is ineligible to participate in an extracurricular activity under
1-12 this section only if the district employee responsible for making a
1-13 verification intentionally fails to properly verify the team
1-14 member's eligibility. The rules may provide the manner in which a
1-15 school district employee shall verify eligibility. Before a team
1-16 may be disqualified under this subsection, the league must hold a
1-17 hearing at which a representative of each party has an opportunity
1-18 to present evidence and at which clear and convincing evidence is
1-19 presented that a team member was ineligible and the responsible
1-20 district employee intentionally failed to properly verify
1-21 eligibility. In holding a hearing under this subsection, the
1-22 league is considered to be a governmental body with statewide
1-23 jurisdiction for purposes of Chapter 551, Government Code. If
1-24 there is insufficient time before a scheduled extracurricular
2-1 activity to hold a hearing in compliance with this subsection and
2-2 Chapter 551, Government Code, the extracurricular activity shall be
2-3 held as scheduled, and the hearing shall be held and a decision on
2-4 disqualification shall be made after the extracurricular activity.
2-5 SECTION 2. The University Interscholastic League shall adopt
2-6 rules as provided by Section 33.081(h), Education Code, as added by
2-7 this Act, not later than December 31, 1999.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.