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.