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.