BILL ANALYSIS

 

 

Senate Research Center                                                                                                          S.B. 82

80R1902 ESH-D                                                                                                    By: Van de Putte

                                                                                                                                            Education

                                                                                                                                            2/23/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, Texas school children participate in school-sponsored athletic competitions without uniform standards, leading to inconsistent health and safety conditions.  Texas law does not provide for the training of students and coaches in basic safety procedures, such as cardiopulmonary resuscitation (CPR), or for the maintenance of plans for dealing with life and death medical emergencies resulting from athletic competition. 

 

As proposed, S.B. 82 requires the development and adoption of an extracurricular activity safety training course by the commissioner of education.  This bill also requires certain school personnel and students participating in extracurricular athletics to take the safety course which includes training in the recognition of potentially catastrophic injuries, emergency training, and CPR, and also requires that schools found not in compliance with this training discontinue all practices and competitions until compliance is met. This bill addresses the completion of University Interscholastic League (UIL) forms which will help increase awareness of possible health conditions to all necessary parties and to aid coaches in making safety modifications at practices and competitions.  Lastly, this bill requires that an automated external defibrillator (AED) be present at all practices and contests of teams participating in UIL-sanctioned athletics, and on each campus within a school district.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the commissioner of education in SECTION 1 (Section 33.202, Education Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

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

 

SUBCHAPTER F.  SAFETY REGULATIONS FOR CERTAIN

EXTRACURRICULAR ACTIVITIES

 

Sec. 33.201.  APPLICABILITY.  Specifies that this subchapter applies to all public schools in the state and any other schools subject to University Interscholastic League (UIL)  rules. 

 

Sec. 33.202. SAFETY TRAINING REQUIRED.   (a)  Requires the commissioner of education (commissioner) by rule to develop and adopt an extracurricular activity safety training program (program).  Authorizes the commissioner to use materials available from the American Red Cross or other appropriate entities in developing the program.

 

(b)  Sets forth the persons involved in certain extracurricular activities (activities) who must satisfactorily complete the program. 

 

(c)  Requires the program to include participant certification by certain qualified organizations and annual training in emergency action planning, cardiopulmonary resuscitation (CPR), effective communication with emergency personnel, and recognizing the symptoms of potentially catastrophic injuries.  Requires a safety drill incorporating the above training and simulating potentially catastrophic injuries at least once a school year. 

 

(d)  Requires those students participating in the program to receive training in recognizing potentially catastrophic injuries and in the risks of using dietary supplements designed or marketed to enhance athletic performance.    

 

(e)  Authorizes schools, school districts, or certain qualified organizations to conduct the program and the potentially catastrophic injury training. 

 

(f)  Exempts a physician who is employed by a school or school district or who volunteer in activities from having to complete the program if the physician attends continuing medical education that covers certain topics. 

 

Sec. 33.203.  COMPLETION OF UNIVERSITY INTERSCHOLASTIC LEAGUE MEDICAL HISTORY FORM.  Requires each student participating in an activity to complete certain UIL forms regarding medical history and an acknowledgement of rules.  Requires each form to be signed by both the student and the student's parent or guardian.  Requires each form to clearly state that failure to accurately and truthfully answer all questions on the form will subject the signer to penalties determined by UIL.  Requires the medical history form to contain a statement that any affirmative answers to questions of cardiovascular health problems will lead to restriction from further participation in the activities until the student is checked by a primary care physician, and that the student may need a cardiac examination or testing as a result of the primary care physician's assessment. 

 

Sec. 33.204.  CERTAIN UNSAFE ATHLETIC ACTIVITIES PROHIBITED.  Prohibits coaches, trainers, or sponsors for activities from encouraging actions that unnecessarily endanger the health of a student, including using any sports equipment as a weapon.

 

Sec. 33.205.  CERTAIN SAFETY PRECAUTIONS REQUIRED.  Requires a coach, trainer, or sponsor to ensure that each student is properly hydrated, that prescribed asthma medication is readily available, that emergency lanes to the area are open and clear, and that heatstroke prevention materials are readily available.  Prohibits students who become unconscious during an activity from returning to the activity during which the student became unconscious or to participate in any further activities until written authorization is given by a physician. 

 

Sec. 33.206.  COMPLIANCE; ENFORCEMENT.  Requires a school to make available to the public, on request, proof of compliance for each person required to receive program training.  Requires the superintendent of a school district or the director of a school subject to this subchapter to maintain records of the aforementioned compliance.  Requires schools that are found to be out of compliance by the school superintendent or school director to discontinue all activities, including practices and competitions, until the superintendent or director determines that the school campus is in compliance. 

 

Sec. 33.207.  CONTACT INFORMATION.  Requires the commissioner to maintain an existing telephone number and an electronic mail address to allow for reports of violations of this subchapter.  Requires each school that offers activities to prominently display this contact information in the administrative offices of each school. 

 

Sec. 33.208.  NOTICE REQUIRED.  Requires a school that offers activities to provide to each student participating in an activity and the student's parents or guardians a copy of the text in Sections 33.201 - 33.207, and a copy of UIL parent information manual.  Authorizes for the aforementioned information to be distributed in an electronic format unless requested otherwise. 

 

Sec. 33.209.  INCORPORATION OF SAFETY REGULATIONS.  Requires UIL to incorporate Sections 33.203 - 33.207 into its constitution and contest rules. 

 

Sec. 33.210.  IMMUNITY FROM LIABILITY.  Provides that an action taken under this subchapter is not considered to be a ministerial act for purposes of Section 22.0511 (Immunity From Liability), Education Code. 

 

SECTION 2.  Amends Subchapter D, Chapter 33, Education Code, by adding Section 33.087, as follows:

 

Sec. 33.087.  AVAILABILITY OF AUTOMATED EXTERNAL DEFIBRILLATOR.  Requires each school district to make available at each UIL practice or competition in the district an automated external defibrillator (AED) as defined under existing law. 

 

SECTION 3.  Amends Subchapter A, Chapter 38, Education Code, by adding Section 38.017, as follows:

 

Sec. 38.017.  AVAILABILITY OF AUTOMATED EXTERNAL DEFIBRILLATOR.  Requires each school district to make available at each school campus an AED as defined under existing law. 

 

SECTION 4.  Makes application of Sections 33.087 and 38.017, Education Code, as added by this Act, prospective to the 2007-2008 school year.  Makes application of Subchapter F, Chapter 33, Education Code, as added by this Act, prospective to the 2008-2009 school year.

 

SECTION 5.  Effective date: upon passage or September 1, 2007.