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By: King of Parker, et al. H.B. No. 3563
(Senate Sponsor - Staples)
(In the Senate - Received from the House May 16, 2005;
May 17, 2005, read first time and referred to Committee on
Education; May 20, 2005, reported favorably, as amended, by the
following vote: Yeas 6, Nays 0; May 20, 2005, sent to printer.)
COMMITTEE AMENDMENT NO. 1 By: West
Amend H. B. 3563 by adding the following SECTIONS and
renumbering subsequent SECTIONS 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;
(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;
(E) recognizing symptoms of steroid use; 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, including steroids.
(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.
A BILL TO BE ENTITLED
AN ACT
relating to the use of anabolic steroids by public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.091 to read as follows:
Sec. 33.091. PREVENTION OF ILLEGAL STEROID USE. (a) In
this section:
(1) "League" means the University Interscholastic
League.
(2) "Parent" includes a guardian or other person
standing in parental relation.
(3) "Steroid" means an anabolic steroid as described
by Section 481.104, Health and Safety Code.
(b) The league shall adopt rules prohibiting a student from
participating in an athletic competition sponsored or sanctioned by
the league unless:
(1) the student agrees not to use steroids; and
(2) the league obtains from the student's parent a
statement signed by the parent and acknowledging that:
(A) state law prohibits possessing, dispensing,
delivering, or administering a steroid in a manner not allowed by
state law;
(B) state law provides that body building, muscle
enhancement, or the increase of muscle bulk or strength through the
use of a steroid by a person who is in good health is not a valid
medical purpose;
(C) only a medical doctor may prescribe a steroid
for a person; and
(D) a violation of state law concerning steroids
is a criminal offense punishable by confinement in jail or
imprisonment in the Texas Department of Criminal Justice.
(c) The league shall:
(1) develop an educational program for students
engaged in extracurricular athletic activities sponsored or
sanctioned by the league, parents of those students, and coaches of
those activities regarding the health effects of steroid use; and
(2) make the program available to school districts.
(d) During the 2005-2006 school year, the league shall
conduct a survey regarding the extent of illegal steroid use by high
school students, including students engaged in extracurricular
athletic activities sponsored or sanctioned by the league. The
survey must be designed to determine:
(1) the number of high school students found by school
districts to have possessed or used illegal steroids;
(2) the number of school districts that test high
school students, including students engaged in extracurricular
athletic activities, for the presence of illegal steroids in the
students' bodies; and
(3) any other information the league considers
indicative of illegal steroid use by high school students engaged
in extracurricular athletic activities.
(e) The league shall:
(1) cooperate with an appropriate public or private
entity to study the effectiveness of the educational program
required by Subsection (c);
(2) develop a plan for testing students engaged in
extracurricular athletic activities sponsored or sanctioned by the
league for the presence of illegal steroids in the students'
bodies; and
(3) not later than December 1, 2006, file a written
report with the legislature regarding:
(A) the results of the survey required by
Subsection (d);
(B) the results of the study required by
Subdivision (1); and
(C) the plan for testing students required by
Subdivision (2).
(f) If, based on the report required under Subsection
(e)(3), the legislature determines that the educational program
required by Subsection (c) has not significantly reduced the use of
illegal steroids by students engaged in extracurricular athletic
activities, the legislature may require the league to implement the
steroid testing plan developed under Subsection (e)(2).
(g) The league may increase the membership fees required of
school districts that participate in athletic competitions
sponsored or sanctioned by the league in an amount necessary to
offset the cost of league activities under this section.
(h) Subsection (b)(1) does not apply to the use by a student
of a steroid that is dispensed, prescribed, delivered, and
administered by a medical practitioner for a valid medical purpose
and in the course of professional practice.
(i) The league shall develop the educational program
required by Subsection (c) not later than September 1, 2005. This
subsection and Subsections (d), (e), and (f) expire January 15,
2007.
SECTION 2. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0081 to read as follows:
Sec. 38.0081. INFORMATION ABOUT STEROIDS. (a) The agency,
in conjunction with the Department of State Health Services, shall:
(1) develop information about the use of anabolic
steroids and the health risks involved with such use; and
(2) distribute the information to school districts.
(b) Each school district shall, at appropriate grade levels
as determined by the State Board of Education, provide the
information developed under Subsection (a) to district students,
particularly to those students involved in extracurricular
athletic activities.
SECTION 3. Sections 33.091 and 38.0081, Education Code, as
added by this Act, apply beginning with the 2005-2006 school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
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