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Amend Floor Amendment No. 6 to CSHB 2 by adding the following
appropriately lettered part and relettering subsequent parts
accordingly:
SECTION ___ . ___. Chapter 33, Education Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. SAFETY REGULATIONS FOR CERTAIN EXTRACURRICULAR
ACTIVITIES
Sec. 33.201. APPLICABILITY. This subchapter applies to
each public school in this state and to any other school in this
state subject to University Interscholastic League regulations.
Sec. 33.202. SAFETY TRAINING REQUIRED. (a) The
commissioner by rule shall develop and adopt a safety training
program as provided by this section. In developing the program, the
commissioner may use materials available from the American Red
Cross or another appropriate entity.
(b) The following persons must satisfactorily complete the
safety training program:
(1) a coach, trainer, or sponsor for an
extracurricular athletic activity;
(2) except as provided by Subsection (f), a physician
who is employed by a school or school district or who volunteers to
assist with an extracurricular athletic activity; and
(3) a director responsible for a school marching band.
(c) The safety training program must include:
(1) certification of participants by the American Red
Cross, the American Heart Association, or a similar organization or
the University Interscholastic League, as determined by the
commissioner;
(2) annual 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,
concussions, injuries related to second impact syndrome, asthma
attacks, heatstroke, cardiac arrest, and injuries requiring use of
a defibrillator; and
(3) at least once each school year, a safety drill that
incorporates the training described by Subdivision (2) and
simulates various injuries described by Subdivision (2)(D).
(d) A student participating in an extracurricular athletic
activity must receive training related to:
(1) recognizing the symptoms of injuries described by
Subsection (c)(2)(D); and
(2) the risks of using supplements designed or
marketed to enhance athletic performance.
(e) The safety training program and the training under
Subsection (d) may each be conducted by a school or school district
or by an organization described by Subsection (c)(1).
(f) 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. 33.2021. COMPLETION OF UNIVERSITY INTERSCHOLASTIC
LEAGUE MEDICAL HISTORY FORM. (a) Each student participating in an
extracurricular athletic activity must complete the University
Interscholastic League forms entitled "Preparticipation Physical
Evaluation--Medical History" and "Acknowledgment of Rules." Each
form must be signed by both the student and the student's parent or
guardian.
(b) Each form described by Subsection (a) must clearly state
that failure to accurately and truthfully answer all questions on a
form required by statute or by the University Interscholastic
League as a condition for participation in an extracurricular
athletic activity subjects a signer of the form to penalties
determined by the University Interscholastic League.
(c) The "Preparticipation Physical Evaluation--Medical
History" form described by Subsection (a) must contain the
following statement:
"An individual answering in the affirmative to
any question relating to a possible cardiovascular
health issue, as identified on the form, should be
restricted from further participation until the
individual is examined by the individual's primary
care physician. Ultimately, the individual may need
to be evaluated by a cardiologist and/or undergo
cardiac testing (including an echocardiogram and/or
other heart-related examination) based on the
assessment by the primary care physician."
Sec. 33.203. CERTAIN UNSAFE ATHLETIC ACTIVITIES
PROHIBITED. A coach, trainer, or sponsor for an extracurricular
athletic activity may not encourage or permit a student
participating in the activity to engage in any unreasonably
dangerous athletic technique that unnecessarily endangers the
health of a student, including using a helmet or any other sports
equipment as a weapon.
Sec. 33.204. CERTAIN SAFETY PRECAUTIONS REQUIRED. (a) A
coach, trainer, or sponsor for an extracurricular athletic activity
shall at each athletic practice or competition ensure that:
(1) each student participating in the activity is
adequately hydrated;
(2) any prescribed asthma medication for a student
participating in the activity is readily available to the student;
(3) emergency lanes providing access to the practice
or competition area are open and clear; and
(4) heatstroke prevention materials are readily
available.
(b) If a student participating in an extracurricular
athletic activity, including a practice or competition, is rendered
unconscious during the activity, the student may not:
(1) return to the practice or competition during which
the student was rendered unconscious; or
(2) continue to participate in any extracurricular
athletic activity until the student receives written authorization
from a physician.
Sec. 33.205. COMPLIANCE; ENFORCEMENT. (a) On request, 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 receive safety training described by
Section 33.202.
(b) The superintendent of a school district or the director
of a school subject to this subchapter shall maintain complete and
accurate records of the district's or school's compliance with
Section 33.202.
(c) A school campus that is determined by the school's
superintendent or director to not be in compliance with Section
33.202, 33.204, or 33.205 shall discontinue all extracurricular
athletic activities offered by the school campus, including all
practices and competitions, until the superintendent or director
determines that the school campus is in compliance.
Sec. 33.206. CONTACT INFORMATION. (a) The commissioner
shall maintain an existing telephone number and an electronic mail
address to allow a person to report a violation of this subchapter.
(b) Each school that offers an extracurricular athletic
activity shall prominently display at the administrative offices of
the school the telephone number and electronic mail address
maintained under Subsection (a).
Sec. 33.207. NOTICE REQUIRED. (a) A school that offers an
extracurricular athletic activity shall 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
33.201-33.207 and a copy of the University Interscholastic League's
parent information manual.
(b) A document required to be provided under this section
may be provided in an electronic format unless otherwise requested
by a student, parent, or guardian.
Sec. 33.208. INCORPORATION OF SAFETY REGULATIONS. The
University Interscholastic League shall incorporate the provisions
of Sections 33.203-33.207 into the league's constitution and
contest rules.
Sec. 33.209. LIABILITY. The requirements of this
subchapter are not considered ministerial acts for purposes of
immunity from liability under Section 22.0511.
SECTION ___.___ Subchapter D, Chapter 33, Education Code,
is amended by adding Section 33.087 to read as follows:
Sec. 33.087. REPORT CONCERNING AUTOMATED EXTERNAL
DEFIBRILLATORS. (a) Using existing funds and other resources
available for the purpose, the agency and the University
Interscholastic League shall jointly investigate the availability
of federal, state, local, and private funds for purchasing
automated external defibrillators, as defined by Section 779.001,
Health and Safety Code, for use by University Interscholastic
League member schools, and the possibility of receiving a bulk
discount on such purchases.
(b) The agency and the University Interscholastic League
shall submit a report describing the findings of the investigation
to the legislature not later than June 1, 2006.
(c) This section expires July 1, 2006.