87R5944 MWC-D
 
  By: Lucio III, Guillen H.B. No. 2721
 
 
 
A BILL TO BE ENTITLED
 
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 Subsection (e-1) 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 student
  engages in conduct that contains the elements of the offense of
  assault under Section 22.01(a)(1), Penal Code:
               (1)  against a person serving as referee, judge, or
  other official of an extracurricular activity; and
               (2)  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. 
         (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.
         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.