BILL ANALYSIS

 

 

Senate Research Center

H.B. 767

 

By: Smith et al. (Hinojosa)

 

Education

 

4/27/2015

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties contend that the traditional physical examination many students undergo before participating in an athletic activity sponsored or sanctioned by the University Interscholastic League is not sufficient for detecting underlying cardiac abnormalities that can lead to sudden cardiac death. Studies show that sudden cardiac death is a leading cause of death in athletes and that a competitive athlete is at a higher risk for sudden cardiac death than a noncompetitive athlete.  H.B. 767 seeks to provide a method for identifying an athlete who is at risk for sudden cardiac death.

 

H.B. 767 amends current law relating to cardiac assessments of participants in extracurricular athletic activities sponsored or sanctioned by the University Interscholastic League.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the University Interscholastic League in SECTION 1 (Section 33.095, Education Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter D, Chapter 33, Education Code, by adding Section 33.095, as follows:

 

Sec. 33.095.  CARDIAC ASSESSMENTS OF PARTICIPANTS IN EXTRACURRICULAR ATHLETIC ACTIVITIES.  (a)  Requires a school district to require a district student who is required under University Interscholastic League (UIL) rule or policy to receive a physical examination before being allowed to participate in an athletic activity sponsored or sanctioned by UIL to also have administered to the student an electrocardiogram before being allowed to participate in the activity, including a practice for the activity, as follows:

 

(1)  one time before the student's first year of participation; and

 

(2)  another time before the student's third year of participation.

 

(b)  Provides that this section does not create a cause of action or liability against an appropriately licensed or certified health care professional, a school district, or a district officer or employee for the injury or death of a student participating in or practicing for an athletic activity sponsored or sanctioned by UIL based on or in connection with the administration or evaluation of or reliance on an electrocardiogram or on any echocardiogram.

 

(c)  Requires UIL to adopt rules as necessary to administer this section.

 

(d)  Requires that the rules adopted under Subsection (c) include a rule for granting a waiver from administration of an electrocardiogram under this section to a student if, for any reason, the parent of or person standing in parental relation to the student submits a written request for the waiver.

 

SECTION 2.  Provides that this Act applies beginning with the 2016-2017 school year.

 

SECTION 3.  Effective date: upon passage or September 1, 2015.