78R6333 BDH-D

By:  Barrientos                                                   S.B. No. 1444


A BILL TO BE ENTITLED
AN ACT
relating to safety regulations for extracurricular school athletic activities and civil consequences arising from noncompliance with those regulations; providing a criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 33, Education Code, is amended by adding Subchapter E to read as follows:
SUBCHAPTER E. SAFETY REGULATIONS FOR EXTRACURRICULAR ATHLETIC ACTIVITIES
Sec. 33.101. APPLICABILITY. This subchapter applies to each public or private school in this state, including an open-enrollment charter school and a parochial school. Sec. 33.102. SAFETY TRAINING COURSE REQUIRED. (a) The commissioner by rule shall develop and adopt a safety training course as provided by this section. (b) The following persons must satisfactorily complete the safety training course each school year: (1) a coach, trainer, sponsor, or athletic director for an extracurricular athletic activity; (2) a physician who is employed by a school or school district or who volunteers to assist with an extracurricular athletic activity; and (3) a student participating in an extracurricular athletic activity. (c) The safety training course must include: (1) certification of participants by the American Red Cross, the American Heart Association, or a similar organization, as determined by the commissioner; (2) training in: (A) emergency action planning; (B) cardiopulmonary resuscitation if the person is not required to obtain certification under Section 33.086; (C) communicating effectively with 9-1-1 emergency service operators and other emergency personnel; and (D) recognizing symptoms of potentially catastrophic injuries, including head and neck injuries, asthma attacks, heat stroke, and cardiac arrest; and (3) at least twice each school year, a safety drill that incorporates the training described by Subdivision (2) and simulates various injuries related to athletic activities. (d) The safety training course may be conducted by a school or school district or by an organization described by Subsection (c)(1). Sec. 33.103. PHYSICAL EXAMINATION REQUIRED. (a) A student may not participate in the extracurricular athletic activity of football, soccer, baseball, basketball, lacrosse, or softball, or another activity specified by the school in which the student is enrolled, unless the student, before the first competition of the athletic activity's season, provides to the school a certificate from a physician who has performed a physical examination designed to determine the student's readiness to participate in the athletic activity. The examination must include: (1) a blood test to determine whether the student carries the apolipoprotein E-4 gene; and (2) a heart screening to determine whether the student has a life-threatening congenital heart defect. (b) If a blood test conducted under Subsection (a)(1) is positive, the student's school shall provide written notice to the student's parent or legal guardian of the increased risk of brain injury and poor injury recovery related to the presence of the gene. Sec. 33.104. COMPLIANCE; CIVIL REMEDIES AND CRIMINAL PENALTIES. (a) A school shall make available to the public proof of compliance for each person enrolled in, employed by, or volunteering for the school who is required to complete the safety training course described by Section 33.102. (b) A school that offers an extracurricular athletic activity is subject to inspection by the agency or a local fire department for the purpose of determining compliance with Section 33.102 or 33.103. (c) A school that is determined by the agency or a local fire department to be in noncompliance with Section 33.102 or 33.103 shall discontinue all extracurricular athletic activities offered by the school, including all practices and competitions, until the school is determined to be in compliance by the agency or a local fire department. (d) A school official responsible for compliance under Section 33.102 or 33.103 commits an offense if a student enrolled at the school is killed or permanently injured as a result of injuries sustained while participating in an extracurricular athletic activity during a period of noncompliance, as determined by the agency or a local fire department under this section. An offense under this subsection is a felony punishable by: (1) confinement for not less than 180 days and not more than 10 years; (2) a fine of not less than $400 and not more than $25,000; or (3) both the confinement and the fine. (e) If a school in a school district does not comply with Section 33.102 or 33.103, the school district waives sovereign immunity to a suit arising from the noncompliance. Sec. 33.105. TELEPHONE HOTLINE. (a) The agency shall maintain a toll-free telephone number to allow a person to report a violation of this subchapter. (b) Each school that offers an extracurricular athletic activity shall prominently display the telephone number at the administrative offices of the school. Sec. 33.106. NOTICE REQUIRED ON CERTAIN PREMISES. A school that offers an extracurricular athletic activity shall prominently display at the administrative offices of the school a sign containing the text of Sections 33.102, 33.103, and 33.104. SECTION 2. This Act takes effect September 1, 2003, and applies beginning with the 2004-2005 school year.