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A BILL TO BE ENTITLED
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AN ACT
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relating to the registration of a referee of certain |
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extracurricular athletic activities sponsored or sanctioned by |
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certain public or private schools; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 13, Occupations Code, is |
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amended by adding Chapter 2053 to read as follows: |
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CHAPTER 2053. REFEREES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 2053.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(2) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(3) "Referee" means a person who: |
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(A) is present on the field or court during an |
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athletic or sporting event; and |
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(B) exercises supervision over the event and its |
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participants. |
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Sec. 2053.002. APPLICABILITY. This chapter applies only to |
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a referee of an extracurricular athletic activity sponsored or |
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sanctioned by a public or private elementary or secondary school |
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who receives payment for the referee's services from the school, a |
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school district, or an organization that contracts with the school |
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or school district to provide referee services. |
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Sec. 2053.003. PREEMPTION. A political subdivision of this |
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state, the University Interscholastic League, a state agency, or |
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another entity may not adopt a registration requirement for a |
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referee to whom this chapter applies. |
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[Sections 2053.004-2053.100 reserved for expansion] |
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SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES |
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Sec. 2053.101. GENERAL POWERS AND DUTIES. The department |
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shall administer and enforce this chapter. |
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Sec. 2053.102. RULEMAKING AUTHORITY. The commission shall |
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adopt rules necessary to administer and enforce this chapter. |
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[Sections 2053.103-2053.200 reserved for expansion] |
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SUBCHAPTER C. REGISTRATION REQUIREMENTS |
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Sec. 2053.201. REGISTRATION REQUIRED. A person may not act |
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as a referee of an extracurricular athletic activity sponsored or |
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sanctioned by a public or private elementary or secondary school |
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and held in this state unless the person is an individual who is |
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registered with the department under this chapter. |
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Sec. 2053.202. ELIGIBILITY FOR REGISTRATION. An individual |
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is eligible for registration under this chapter if the individual: |
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(1) is at least 18 years of age; and |
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(2) satisfies the requirements of this chapter and |
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rules adopted under this chapter. |
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Sec. 2053.203. APPLICATION REQUIREMENTS. An applicant for |
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registration as a referee must apply on a form prescribed by the |
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department and submit a registration fee in the amount set by the |
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commission. |
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Sec. 2053.204. TERM OF REGISTRATION. A certificate of |
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registration issued under this chapter is valid for the period |
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prescribed by the commission. |
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[Sections 2053.205-2053.300 reserved for expansion] |
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SUBCHAPTER D. REFUSAL TO REGISTER AND DISCIPLINARY PROCEDURES |
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Sec. 2053.301. REFUSAL TO REGISTER; SUSPENSION OR |
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REVOCATION OF REGISTRATION. The commission may refuse to register |
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or suspend or revoke the certificate of registration of any person |
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for: |
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(1) violating this chapter or a rule adopted under |
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this chapter; or |
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(2) making a substantial misrepresentation in an |
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application for registration. |
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[Sections 2053.302-2053.400 reserved for expansion] |
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SUBCHAPTER E. ENFORCEMENT |
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Sec. 2053.401. DISCIPLINARY ACTION; ADMINISTRATIVE |
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PENALTY. A person who violates this chapter or a rule adopted under |
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this chapter is subject to any action or penalty authorized under |
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Subchapter F or G, Chapter 51. |
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SECTION 2. (a) Not later than December 1, 2011, the Texas |
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Commission of Licensing and Regulation shall adopt the rules, |
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standards, procedures, and fees necessary to implement Chapter |
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2053, Occupations Code, as added by this Act. |
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(b) Notwithstanding Section 2053.201, Occupations Code, as |
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added by this Act, a referee is not required to register under that |
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section before January 1, 2012. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2011. |
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(b) Subchapter E, Chapter 2053, Occupations Code, as added |
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by this Act, takes effect January 1, 2012. |