By Uresti                                             H.B. No. 2333
         77R7315 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to physical education requirements in public schools.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 28.002, Education Code, is amended by
 1-5     amending Subsection (b) and adding Subsection (l) to read as
 1-6     follows:
 1-7           (b)  The State Board of Education by rule shall designate
 1-8     subjects constituting a well-balanced curriculum to be offered by a
 1-9     school district that does not offer kindergarten through grade 12.
1-10     The board shall designate subjects to ensure that a district is
1-11     able to comply with Subsection (l).
1-12           (l)  A school district shall require each student enrolled in
1-13     prekindergarten, kindergarten, or a grade level below grade nine to
1-14     participate in a physical education course each semester.  A school
1-15     district may allow a student to substitute participation in a
1-16     school band, a school-sponsored sport, or another school-sponsored
1-17     activity if the substituted activity involves physical activity
1-18     that is comparable to the physical activity required in a physical
1-19     education course, as determined in accordance with rules adopted by
1-20     the commissioner.  A school district may exempt a student from the
1-21     participation in a physical education course required by this
1-22     subsection if the student is unable to participate because of
1-23     illness or disability.
1-24           SECTION 2. This Act applies beginning with the 2001-2002
 2-1     school year.
 2-2           SECTION 3.  This Act takes effect immediately if it receives
 2-3     a vote of two-thirds of all the members elected to each house, as
 2-4     provided by Section 39, Article III, Texas Constitution.  If this
 2-5     Act does not receive the vote necessary for immediate effect, this
 2-6     Act takes effect September 1, 2001.