H.B. No. 2721
 
 
 
 
AN ACT
  relating to prohibiting a student from participating in future
  extracurricular activities for certain conduct involving the
  assault of an extracurricular activity official.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.081, Education Code, is amended by
  adding Subsections (e-1), (e-2), (e-3), (e-4), and (h) and amending
  Subsections (f) and (g) to read as follows:
         (e-1)  A student who is enrolled in a school district in this
  state or who participates in a University Interscholastic League
  competition shall be prohibited from participation in any future
  extracurricular activity sponsored or sanctioned by the school
  district or the University Interscholastic League if the state
  executive committee of the league determines that the student
  intentionally, knowingly, or recklessly causes bodily injury to a
  person serving as referee, judge, or other official of an
  extracurricular activity in retaliation for or as a result of the
  person's actions taken in performing the duties of a referee,
  judge, or other official of the extracurricular activity.
         (e-2)  A student prohibited from participation in an
  extracurricular activity under Subsection (e-1) may submit to the
  University Interscholastic League a request that the student be
  permitted to participate in future extracurricular activities
  sponsored or sanctioned by the University Interscholastic League
  if:
               (1)  the request is submitted at least:
                     (A)  one year after the date the student engaged
  in the conduct that resulted in the prohibition under Subsection
  (e-1) if the student was enrolled in eighth grade or below at the
  time of the conduct; or
                     (B)  two years after the date the student engaged
  in the conduct that resulted in the prohibition under Subsection
  (e-1) if the student was enrolled in ninth grade or above at the
  time of the conduct;
               (2)  the student:
                     (A)  completed a course in anger management since
  engaging in the conduct that resulted in the prohibition under
  Subsection (e-1);
                     (B)  completed any other course, activity, or
  action required by the school district in which the student is
  enrolled as a result of the conduct that resulted in the prohibition
  under Subsection (e-1); and
                     (C)  demonstrates, to the satisfaction of the
  school district and the University Interscholastic League, that the
  student has been rehabilitated and is unlikely to again engage in
  the conduct described by Subsection (e-1); and
               (3)  a previous request submitted by the student under
  this section has not been denied during the school year in which the
  request is submitted.
         (e-3)  When determining whether to grant a request under
  Subsection (e-2), the University Interscholastic League:
               (1)  shall take into account the severity of the
  conduct that resulted in the prohibition under Subsection (e-1);
  and
               (2)  may set conditions for the student's future
  participation in extracurricular activities.
         (e-4)  The University Interscholastic League may prohibit a
  student from participating in any future extracurricular activity
  sponsored or sanctioned by the University Interscholastic League if
  the student violates a condition set by the University
  Interscholastic League under Subsection (e-3)(2).
         (f)  Except for a student prohibited from participation
  under Subsection (e-1), a [A] student suspended under this section
  may practice or rehearse with other students for an extracurricular
  activity but may not participate in a competition or other public
  performance.
         (g)  An appeal to the commissioner is not a contested case
  under Chapter 2001, Government Code, if the issues presented relate
  to a student's eligibility to participate in extracurricular
  activities, including issues related to the student's grades, [or]
  the school district's grading policy as applied to the student's
  eligibility, or the student's eligibility based on conduct
  described by Subsection (e-1). The commissioner may delegate the
  matter for decision to a person the commissioner designates. The
  decision of the commissioner or the commissioner's designee in a
  matter governed by this subsection may not be appealed except on the
  grounds that the decision is arbitrary or capricious. Evidence may
  not be introduced on appeal other than the record of the evidence
  before the commissioner.
         (h)  A request made under Subsection (e-2) is not a contested
  case subject to Chapter 2001, Government Code.
         SECTION 2.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 3.  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, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2721 was passed by the House on May 8,
  2021, by the following vote:  Yeas 135, Nays 4, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2721 on May 28, 2021, by the following vote:  Yeas 142, Nays 3,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2721 was passed by the Senate, with
  amendments, on May 20, 2021, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor