SRC-EPT, TAG C.S.S.B. 1444 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 1444
78R14416 BDH-FBy: Barrientos
                  Education
                    5-7-2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

Currently, Texas' schoolchildren participate in school-sponsored athletic
competition under inconsistent health and safety conditions.  Training
students, as well as coaches, in basic safety procedures such as
cardiopulmonary resuscitation could decrease the likelihood of serious
injuries or fatalities resulting from athletic.  Furthermore, testing for
congenital heart defects and the presence of the apolipoprotein E-4 gene
could prevent long-terms disabilities and even tragic immediate
consequence for some young athletes.  C.S.S.B. 1444 requires certain
school personnel and students participating in extracurricular athletics
to take a safety training course. Requires a certain personnel or sponsors
for an extracurricular athletic activity to ensure certain safety
precautions and requires the University Interscholastic League to
recommend that each student participating in an extra curricular athletic
activity receive a heart screening. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 1 (Section 33.102, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 33, Education Code, by adding Subchapter E, as
follows: 

SUBCHAPTER E.  SAFETY REGULATIONS FOR CERTAIN EXTRACURRICULAR ACTIVITIES

Sec. 33.101.  APPLICABILITY.  Provides that this subchapter applies to
each public school in this state and to any other school in this state
subject to University Interscholastic League (UIL) regulations. 

Sec. 33.102.  SAFETY TRAINING REQUIRED. (a)  Requires the commissioner of
education (commissioner) by rule to develop and adopt a safety training
program as provided by this section.  Authorizes the commissioner, in
developing the program, to use materials available from the American Red
Cross or another appropriate entity. 

(b)  Requires certain persons to satisfactorily complete the safety
training program. 

  (c)  Requires that the safety course meet certain requirements.

(d)  Requires a student participating in an extracurricular athletic
activity to receive certain training.   

(e)  Authorizes the safety training program and the training under
Subsection (d), to each be conducted by a school or school district or by
an organization described by Subsection (c)(1). 

(f)  Provides that a physician who is employed by a school or school
district or who volunteers to assist with an extracurricular athletic
activity is exempt from the requirements of Subsection (b) if the
physician attends a continuing medical education course that specifically
addresses emergency medicine for athletic team  physicians. 

Sec. 33.103.  RECOMMENDATION RELATED TO HEART SCREENING.  Requires UIL to
recommend that each student participating in an extracurricular athletic
activity receive a heart screening. 

Sec. 33.104.  CERTAIN UNSAFE ATHLETIC ACTIVITIES PROHIBITED.  Prohibits a
coach, trainer, or sponsor for an extracurricular athletic activity from
encouraging or permiting a student participating in the activity to engage
in any unreasonably dangerous athletic technique that unnecessarily
endangers the health of the student, including using a helmet or any other
sports equipment as a weapon.  

Sec.  33.105.  CERTAIN SAFETY PRECAUTIONS REQUIRED.  (a)  Requires a
coach, trainer, or sponsor for an extracurricular athletic activity at
each athletic practice or competition to ensure that certain requirements
are met. 
 
(b)  Authorizes a referee, umpire, or other official at an extracurricular
athletic competition under certain conditions, to prohibit a student from
participating in the competition. 

(c)  Prohibits a student, if a student participating in an extracurricular
athletic activity, including a practice or competition, is rendered
unconscious during the activity, from returning to the practice or
competition during which the student was rendered unconscious or  from
continuing to participate in any extracurricular athletic activity until
the student receives a written authorization from a physician.  

Sec.  33.106.  COMPLIANCE; ENFORCEMENT.  (a)  Requires a school on
request, to make available to the public proof of compliance for each
person enrolled in, employed by, or volunteering for the school who is
required to receive safety training described by Section 33.102.  

(b)  Requires the superintendent of a school district or the director of a
school subject to this subchapter to maintain complete and accurate
records of the district's or school compliance with Section 33.102. 

(c)  Requires a school that is determined by the school's superintendent
or director to be in noncompliance with Sections 33.102, 33.104, or 33.105
to discontinue all extracurricular athletic activities offered by the
school, including all practices and competitions, until the superintended
or  director determines that the school is in compliance. 

Sec.  33.107.  CONTACT INFORMATION.  (a)  Requires the commissioner to
maintain an existing telephone number and an electronic mail address to
allow a person to report a violation of this subchapter. 

(b)  Requires each school district that offers an extracurricular athletic
activity to prominently display at the administrative offices of the
school the telephone number and an electronic mail address maintained
under Subsection (a). 

Sec.  33.108.  UNIVERSITY INTERSCHOLASTIC LEAGUE MEDICAL ADVISORY BOARD
SUBCOMMITTEE. (a)  Requires the UIL director to appoint a subcommittee
from among the membership of the league's medical advisory board.
Requires the director or the director's designee to serve as the
subcommittee's presiding officer. 

(b)  Requires the subcommittee to prepare a statement of the risks of
injury resulting from participation in extracurricular athletic
activities.  Requires UIL to post the text of statement on the league's
Internet website and provide to each student participating in an
extracurricular athletic activity and to the student's parent or guardian
a copy of the statement. 
   
Sec. 33.109.  NOTICE REQUIRED.   Requires a school that offers an
extracurricular athletic activity to  provide to each student
participating in an extracurricular athletic activity and to the student's
parent or guardian a copy of the text of Sections 33.10133.108. 

Sec.  33.110.  INCORPORATION OF SAFETY REGULATIONS.  Requires UIL to
incorporate the provisions of Sections 33.103-33.108, into the league's
constitution and contest rules. 

SECTION 2.  Effective date:  September 1, 2003, provides that this Act
applies beginning with the 2004-2005 school year, except that Sections
33.104 and 33.108, Education Code, as added by this Act, apply beginning
with the 2003-2004 school year.