By: Barrientos, West S.B. No. 474
(In the Senate - Filed February 11, 2005; February 22, 2005,
read first time and referred to Committee on Education;
April 19, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 19, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 474 By: West
A BILL TO BE ENTITLED
AN ACT
relating to safety regulations for certain extracurricular school
activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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. 33.203. RECOMMENDATION RELATED TO HEART SCREENING.
The University Interscholastic League shall recommend that each
student participating in an extracurricular athletic activity
receive a screening for heart disease or defect.
Sec. 33.204. 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. 33.205. 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. 33.206. 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. 33.207. 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. 33.208. 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. 33.209. 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. 33.210. LIABILITY. The requirements of this
subchapter are not considered ministerial acts for purposes of
immunity from liability under Section 22.0511.
SECTION 2. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.087 to read as follows:
Sec. 33.087. AVAILABILITY OF AUTOMATED EXTERNAL
DEFIBRILLATOR. (a) Each school district shall make available at
each University Interscholastic League high school football,
basketball, and soccer competition in the district an automated
external defibrillator, as defined by Section 779.001, Health and
Safety Code.
(b) A school district that contracts or otherwise provides
for the presence of emergency services personnel at a high school
football, basketball, or soccer competition is not subject to this
section.
SECTION 3. This Act applies beginning with the 2006-2007
school year, except that Section 33.204, Education Code, as added
by this Act, applies beginning with the 2005-2006 school year.
SECTION 4. This Act takes effect September 1, 2005.
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