By: Birdwell, et al.  S.B. No. 213
         (In the Senate - Filed March 11, 2015; March 16, 2015, read
  first time and referred to Committee on Education; April 28, 2015,
  reported adversely, with favorable Committee Substitute by the
  following vote:  Yeas 10, Nays 0; April 28, 2015, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 213 By:  Bettencourt
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the functions and duties of the University
  Interscholastic League.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 7.055(b)(41), Education Code, is amended
  to read as follows:
               (41)  The commissioner shall adopt rules relating to
  extracurricular activities under Section 33.081 and approve or
  disapprove University Interscholastic League rules and procedures
  under Section 67.72(c) [33.083].
         SECTION 2.  Section 33.094(d), Education Code, is amended to
  read as follows:
         (d)  The University Interscholastic League may adopt rules
  necessary to implement this section, provided that the rules must
  be approved by the commissioner in accordance with Section 67.72(c)
  [33.083(b)].
         SECTION 3.  Section 33.203, Education Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  In addition to the forms required by Subsection (a),
  each student participating in an extracurricular athletic activity
  must submit a completed University Interscholastic League form
  entitled "Preparticipation Physical Evaluation--Physical
  Examination."
         (d)  An affirmative answer on the "Preparticipation Physical
  Evaluation--Medical History" form indicating a cardiac or
  neurological history requires a person signing the
  "Preparticipation Physical Evaluation--Physical Examination"
  form, in accordance with rules adopted by the University
  Interscholastic League, to refer the student to the student's
  treating physician. The student's treating physician must provide
  a written statement indicating that, in the physician's
  professional judgment, it is safe for the student to participate in
  practice and play in an extracurricular athletic activity.
         SECTION 4.  Section 38.153, Education Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  Not later than September 1 of each year, the
  superintendent of a school district and the person who serves the
  function of a superintendent for an open-enrollment charter school
  shall submit to the University Interscholastic League a notarized
  document stating:
               (1)  that the district or school has formed a
  concussion oversight team as required by Subsection (a);
               (2)  the name and occupation of each person serving on
  the concussion oversight team and confirming that each person has
  completed the training required by Section 38.154(c);
               (3)  that the concussion oversight team has established
  and is using the return-to-play protocol as required by Subsection
  (b);
               (4)  the number of full-time athletic trainers employed
  by the district or school; and
               (5)  the number of coaches employed by the district or
  school who have completed the concussion training required by
  Section 38.158 and the number of coaches employed by the district or
  school who have not completed the required concussion training.
         (d)  Not later than October 1 of each year, the notarized
  statements submitted under Subsection (c) must be available to the
  public on the University Interscholastic League's Internet
  website.  The University Interscholastic League is responsible for
  ensuring each year that statements are obtained from each school
  district and open-enrollment charter school subject to this
  section.
         SECTION 5.  Section 51.406(b), Education Code, is amended to
  read as follows:
         (b)  To the extent that any of the following laws require
  reporting by a university system or an institution of higher
  education, a university system or institution of higher education
  is not required to make the report on or after September 1, 2013,
  unless legislation enacted by the 83rd Legislature that becomes law
  expressly requires the institution or system to make the report:
               (1)  Section 7.109;
               (2)  [Section 33.083;
               [(3)]  Section 59.07;
               (3) [(4)]  Section 130.086;
               (4) [(5)]  Section 325.007, Government Code;
               (5) [(6)]  Section 669.003, Government Code;
               (6) [(7)]  Section 2005.007, Government Code;
               (7) [(8)]  Section 2054.097, Government Code;
               (8) [(9)]  Chapter 2114, Government Code; and
               (9) [(10)]  Section 2205.041, Government Code.
         SECTION 6.  Chapter 67, Education Code, is amended by adding
  Subchapter E to read as follows:
  SUBCHAPTER E. UNIVERSITY INTERSCHOLASTIC LEAGUE
         Sec. 67.71.  DEFINITIONS. In this subchapter:
               (1)  "League" means the University Interscholastic
  League.
               (2)  "Rule" or "contest rule" means a rule or procedure
  included in the league's constitution and contest rules.
         SECTION 7.  Sections 33.083(b) and (d), Education Code, are
  transferred to Subchapter E, Chapter 67, Education Code, as added
  by this Act, redesignated as Section 67.72, Education Code, and
  amended to read as follows:
         Sec. 67.72.  UNIVERSITY INTERSCHOLASTIC LEAGUE.
  (a) [(b)]  The University Interscholastic League is a state agency
  that is part of The University of Texas at Austin [and must submit
  its rules and procedures to the commissioner for approval or
  disapproval]. The funds belonging to the league [University
  Interscholastic League] shall be deposited with the university [The
  University of Texas at Austin] for the benefit of the league and
  shall be subject to audits by the university [The University of
  Texas at Austin], The University of Texas System, and the state
  auditor. Copies of annual audits shall be furnished, on request, to
  members of the legislature.
         (b)  The league:
               (1)  creates and administers interscholastic contests,
  including academic, music, and athletic contests, for member
  schools;
               (2)  adopts and enforces contest rules;
               (3)  creates local committees to assist in the
  administration of interscholastic contests; and
               (4)  performs any duty necessary to administer
  interscholastic contests in the state for member schools.
         (c)  The league must submit all contest rules and procedures
  to the commissioner of education for approval or disapproval.
         (d)  League contest rules are not subject to Chapter 2001,
  Government Code.
         (e) [(d)]  The league [University Interscholastic League]
  shall file annually with the governor and the presiding officer of
  each house of the legislature a complete and detailed written
  report accounting for all funds received and disbursed by the
  league [University Interscholastic League] during the preceding
  fiscal year. The form of the annual report and the reporting time
  are as provided by the General Appropriations Act.
         SECTION 8.  Section 33.0831, Education Code, is transferred
  to Subchapter E, Chapter 67, Education Code, as added by this Act,
  redesignated as Section 67.73, Education Code, and amended to read
  as follows:
         Sec. 67.73  [33.0831].  [UNIVERSITY INTERSCHOLASTIC] LEAGUE
  RULES:  FISCAL IMPACT STATEMENT. (a)  The legislative council of
  the league [University Interscholastic League] may not take final
  action on a new or amended rule that would result in additional
  costs for a member school unless a fiscal impact statement
  regarding the rule has been completed in accordance with this
  section.
         (b)  For purposes of Subsection (a), final action by the
  legislative council means:
               (1)  submitting a rule to school superintendents, if
  the submission is required under the legislative council's
  procedures; or
               (2)  submitting a rule approved by the council to the
  commissioner of education for the commissioner's approval under
  Section 67.72(c) [33.083(b)], if the rule does not require
  submission to school superintendents under the legislative
  council's procedures.
         (c)  A fiscal impact statement regarding a rule must include:
               (1)  a projection of the costs to member schools of
  complying with the rule during the five-year period following the
  effective date of the rule; and
               (2)  an explanation of the methodology used to analyze
  the fiscal impact of the rule and determine the costs projection
  required by Subdivision (1).
         (d)  If a fiscal impact statement is prepared for a rule, a
  copy of the statement must be attached to the rule when it is
  submitted for approval to school superintendents, if applicable,
  and when it is submitted to the commissioner of education for
  approval.
         SECTION 9.  Subchapter E, Chapter 67, Education Code, as
  added by this Act, is amended by adding Section 67.74 to read as
  follows:
         Sec. 67.74.  LOCAL COMMITTEES. (a)  A local committee
  created to assist the league in the administration of
  interscholastic contests is subject to the open meetings
  requirements under Chapter 551, Government Code, and public
  information requirements under Chapter 552, Government Code, in the
  same manner that the board of trustees of a school district is
  subject to those laws. In addition to any other applicable
  exceptions, the exceptions found in Sections 552.114 and 552.135,
  Government Code, apply to a local committee.
         (b)  Any money collected by a local committee for committee
  use are not funds belonging to the league and may not be deposited
  in a university account.
         (c)  A local committee shall:
               (1)  collect and expend funds in accordance with league
  rules; and
               (2)  report revenue and expenditures on an annual basis
  to the league.
         SECTION 10.  Sections 33.085, 33.091, 33.209, and 67.26,
  Education Code, are transferred to Subchapter E, Chapter 67,
  Education Code, as added by this Act, redesignated as Sections
  67.75, 67.76, 67.77, and 67.78, Education Code, respectively, and
  amended to read as follows:
         Sec. 67.75 [33.085].  AUTHORITY [OF UNIVERSITY
  INTERSCHOLASTIC LEAGUE] REGARDING ACTIVITIES INVOLVING SPORTS
  OFFICIALS. (a)  In this section, "sports official" [:
               [(1)     "League" means the University Interscholastic
  League.
               [(2)  "Sports official"] means a person who officiates,
  judges, or in any manner enforces contest rules in any official
  capacity with respect to and during the course of an
  interscholastic athletic team competition and who is a member of a
  league-recognized local chapter or association of sports
  officials.  The term includes a referee, umpire, linesman, judge,
  or any other person similarly involved in supervising competitive
  play.  The term does not include a league board member or a league
  official who is acting in an official capacity to supervise,
  administer, or enforce the league constitution or league contest
  rules.
         (b)  The league may require a sports official, as a condition
  of eligibility to officiate a contest sponsored by the league, to:
               (1)  be registered with the league and comply with the
  registration requirements of Subsection (c);
               (2)  have completed initial and continuing education
  programs regarding league rules;
               (3)  be a member in good standing of a local chapter or
  association of sports officials recognized by the league for that
  purpose; and
               (4)  agree to abide by league rules, including fee
  schedules and travel reimbursement guidelines for payment by school
  districts or open-enrollment charter schools to a sports official.
         (c)  In registering with the league, a sports official must
  be required to provide directory information required by the league
  and submit to a criminal background check.
         (d)  The league may not charge a sports official who
  completes a program under Subsection (b)(2) a fee for more than one
  program described by Subsection (b)(2).
         (e)  The league may charge and collect a registration fee
  only to defray the cost of registering sports officials and shall
  post the amount of the fee on the league's Internet website and make
  the information available at other places the league determines
  appropriate.  The amount of the fee may not exceed the amount
  reasonably determined by the league to be necessary to cover the
  cost of administering registration.
         (f)  The league may revoke or suspend the league registration
  of a sports official determined by the league to have violated the
  provisions of the league constitution or contest rules governing
  sports officials or other league policy applicable to sports
  officials.  Before the league may take action to revoke or suspend a
  sports official's registration, the league shall notify and consult
  with the local chapter or association of sports officials of which
  the sports official is a member.  The local chapter or association
  may, on or before the 15th day after the date notice is received
  from the league, take action to adjudicate the alleged violation.  
  If after the 15th day after the date notice is received from the
  league the local chapter or association has failed to take action
  against the sports official or takes action that the league finds to
  be insufficient, the league may take action against the sports
  official.  The league shall adopt rules to provide a sports official
  with the opportunity for an appeals process before the league
  revokes or suspends the sports official's registration.  In
  adopting rules under this subsection, the league shall make a
  determination of the actions and subsequent sanctions that would be
  considered sufficient under this subsection.
         (g)  The league may not sponsor or organize or attempt to
  sponsor or organize any association of sports officials in which
  the majority of the membership is composed of sports officials who
  officiate team sports.
         (h)  The league may set rates or fee schedules payable by a
  school district or open-enrollment charter school to a sports
  official.
         (i)  Before the league may take any action that amends rules
  related to the activities of sports officials, other than an action
  against an individual sports official under Subsection (f), the
  league must submit the proposed action for public review and
  comment, including:
               (1)  notifying registered sports officials of the
  proposed action by e-mail not later than the 30th day before the
  date set for action on the proposal; and
               (2)  posting the proposal on the league's Internet
  website for at least 30 consecutive days before the date set for
  action on the proposal.
         Sec. 67.76 [33.091].  PREVENTION OF ILLEGAL STEROID USE[;
  RANDOM TESTING]. (a)  In this section:
               (1)  ["League" means the University Interscholastic
  League.
               [(2)]  "Parent" includes a guardian or other person
  standing in parental relation.
               (2) [(3)]  "Steroid" means an anabolic steroid as
  described by Section 481.104, Health and Safety Code.
         (b)  [The league shall adopt rules prohibiting a student from
  participating in an athletic competition sponsored or sanctioned by
  the league unless:
               [(1)     the student agrees not to use steroids and, if the
  student is enrolled in high school, the student submits to random
  testing for the presence of illegal steroids in the student's body,
  in accordance with the program established under Subsection (d);
  and
               [(2)     the league obtains from the student's parent a
  statement signed by the parent and acknowledging that:
                     [(A)     the parent's child, if enrolled in high
  school, may be subject to random steroid testing;
                     [(B)     state law prohibits possessing, dispensing,
  delivering, or administering a steroid in a manner not allowed by
  state law;
                     [(C)     state law provides that bodybuilding,
  muscle enhancement, or the increase of muscle bulk or strength
  through the use of a steroid by a person who is in good health is not
  a valid medical purpose;
                     [(D)     only a licensed practitioner with
  prescriptive authority may prescribe a steroid for a person; and
                     [(E)     a violation of state law concerning steroids
  is a criminal offense punishable by confinement in jail or
  imprisonment in the Texas Department of Criminal Justice.
         [(c)]  The league shall:
               (1)  develop an educational program for students
  engaged in extracurricular athletic activities sponsored or
  sanctioned by the league, parents of those students, and coaches of
  those activities regarding the health effects of steroid use; and
               (2)  make the program available to school districts.
         (c) [(c-1)]  A school district shall require that each
  district employee who serves as an athletic coach at or above the
  seventh grade level for an extracurricular athletic activity
  sponsored or sanctioned by the league complete:
               (1)  the educational program developed by the league
  under Subsection (b) [(c)]; or
               (2)  a comparable program developed by the district or
  a private entity with relevant expertise.
         [(d)     The league shall adopt rules for the annual
  administration of a steroid testing program under which high school
  students participating in an athletic competition sponsored or
  sanctioned by the league are tested at multiple times throughout
  the year for the presence of steroids in the students' bodies.   The
  testing program must:
               [(1)     require the random testing of a statistically
  significant number of high school students in this state who
  participate in athletic competitions sponsored or sanctioned by the
  league;
               [(2)     provide for the selection of specific students
  described by Subdivision (1) for testing through a process that
  randomly selects students from a single pool consisting of all
  students who participate in any activity for which the league
  sponsors or sanctions athletic competitions;
               [(3)     be administered at approximately 30 percent of
  the high schools in this state that participate in athletic
  competitions sponsored or sanctioned by the league;
               [(4)     provide for a process for confirming any initial
  positive test result through a subsequent test conducted as soon as
  practicable after the initial test, using a sample that was
  obtained at the same time as the sample used for the initial test;
               [(5)     require the testing to be performed only by an
  anabolic steroid testing laboratory with a current certification
  from the Substance Abuse and Mental Health Services Administration
  of the United States Department of Health and Human Services, the
  World Anti-Doping Agency, or another appropriate national or
  international certifying organization; and
               [(6)     provide for a period of ineligibility from
  participation in an athletic competition sponsored or sanctioned by
  the league for any student with a confirmed positive test result or
  any student who refuses to submit to random testing.
         [(e)     Results of a steroid test conducted under Subsection
  (d) are confidential and, unless required by court order, may be
  disclosed only to the student and the student's parent and the
  activity directors, principal, and assistant principals of the
  school attended by the student.
         [(f)     From funds already appropriated, the agency shall pay
  the costs of the steroid testing program established under
  Subsection (d).
         [(g)     The league may increase the membership fees required of
  school districts that participate in athletic competitions
  sponsored or sanctioned by the league in an amount necessary to
  offset the cost of league activities under this section.
         [(h)     Subsection (b)(1) does not apply to the use by a
  student of a steroid that is dispensed, prescribed, delivered, and
  administered by a medical practitioner for a valid medical purpose
  and in the course of professional practice, and a student is not
  subject to a period of ineligibility under Subsection (d)(6) on the
  basis of that steroid use.]
         Sec. 67.77 [33.209].  INCORPORATION OF SAFETY REGULATIONS.
  The league [University Interscholastic League] shall incorporate
  the provisions of Sections 33.203-33.207 into the league's
  constitution and contest rules.
         Sec. 67.78 [67.26].  [UNIVERSITY INTERSCHOLASTIC LEAGUE;]
  VENUE FOR LEAGUE SUITS. Venue for suits brought against the league 
  [University Interscholastic League] or for suits involving the
  interpretation or enforcement of the rules or regulations of the
  league [University Interscholastic League] shall be in Travis
  County, Texas. When the litigation involves a school district
  located within Travis County, it shall be heard by a visiting judge.
         SECTION 11.  (a)  As soon as possible after the effective
  date of this Act, the University Interscholastic League shall
  modify its rules to reflect the changes made by this Act to Section
  33.203, Education Code.
         (b)  Sections 33.203(c) and (d), Education Code, as added by
  this Act, apply only to a "Preparticipation Physical
  Evaluation--Physical Examination" form signed on or after the
  effective date of this Act. A "Preparticipation Physical
  Evaluation--Physical Examination" form signed before the effective
  date of this Act is governed by the law in effect immediately before
  the effective date of this Act, and that law is continued in effect
  for that purpose.
         SECTION 12.  Section 33.084, Education Code, is repealed.
         SECTION 13.  (a)  Sections 33.203(c) and (d), Education
  Code, as added by this Act, take effect immediately if this Act
  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, Sections 33.203(c) and (d), Education Code, as added by
  this Act, take effect September 1, 2015.
         (b)  Except as provided by Subsection (a) of this section,
  this Act takes effect September 1, 2015.
 
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