82R7972 CAS-D

By: Price H.B. No. 2003

A BILL TO BE ENTITLED

AN ACT

relating to safety measures for certain public and private school extracurricular activities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 33.201, Education Code, is amended to read as follows:

Sec. 33.201. APPLICABILITY. This subchapter applies to each public school in this state and to any other school in this state subject to rules or bylaws of:

(1) the University Interscholastic League; or

(2) the Texas Association of Private and Parochial Schools [rules].

SECTION 2. Subchapter F, Chapter 33, Education Code, is amended by adding Section 33.2011 to read as follows:

Sec. 33.2011. REFERENCE INCLUDES SUCCESSOR ORGANIZATION. A reference in this subchapter to the Texas Association of Private and Parochial Schools includes an organization that is a successor to that association.

SECTION 3. Section 33.202(c), Education Code, is amended to read as follows:

(c) The safety training program must include:

(1) certification of participants by, as determined by the commissioner:

(A) the American Red Cross, the American Heart Association, or a similar organization; or

(B) the University Interscholastic League or the Texas Association of Private and Parochial Schools, as applicable [determined by the commissioner];

(2) current 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).

SECTION 4. Section 33.203, Education Code, is amended to read as follows:

Sec. 33.203. COMPLETION OF UNIVERSITY INTERSCHOLASTIC LEAGUE FORMS. (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[.]" or equivalent forms of the Texas Association of Private and Parochial Schools, as applicable. Each form must be signed by both the student and the student's parent or guardian.

(b) Each form specified 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, or the Texas Association of Private and Parochial Schools, as applicable, as a condition for participation in an extracurricular athletic activity subjects a signer of the form to penalties determined by the University Interscholastic League or the Texas Association of Private and Parochial Schools, as applicable.

SECTION 5. Section 33.205(b), Education Code, is amended to read as follows:

(b) If a student participating in an extracurricular athletic activity, including a practice or competition, becomes unconscious or is suspected of having sustained a concussion during the activity, the student may not:

(1) return to the practice or competition during which the student became unconscious or is suspected of having sustained a concussion; or

(2) participate in any extracurricular athletic activity until the student receives written authorization for such participation from a physician.

SECTION 6. Sections 33.206(a) and (c), Education Code, are amended to read as follows:

(a) A [In accordance with Chapter 552, Government Code, 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. In complying with this subsection, a public school shall act in accordance with Chapter 552, Government Code.

(c) A school campus that is determined by the school's superintendent or director to be out of compliance with Section 33.202, 33.204, or 33.205 with regard to applicable University Interscholastic League or Texas Association of Private and Parochial Schools activities shall be subject to the range of penalties determined by the University Interscholastic League or the Texas Association of Private and Parochial Schools, as applicable.

SECTION 7. Section 33.208(a), Education Code, is amended to read as follows:

(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, 33.202, 33.203, 33.204, 33.205, 33.206, and 33.207 [33.201-33.207] and a copy of, as applicable, the University Interscholastic League's or Texas Association of Private and Parochial Schools' parent information manual.

SECTION 8. Section 33.209, Education Code, is amended to read as follows:

Sec. 33.209. INCORPORATION OF SAFETY REGULATIONS. The University Interscholastic League and the Texas Association of Private and Parochial Schools shall incorporate the provisions of Sections 33.201, 33.202, 33.203, 33.204, 33.205, 33.206, and 33.207 [33.203-33.207] into the league's or school's constitution, bylaws, and contest rules, as applicable.

SECTION 9. This Act applies beginning with the 2011-2012 school year.

SECTION 10. 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, 2011.