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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting a student from participating in future |
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extracurricular activities for certain conduct involving the |
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assault of an extracurricular activity official. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.081, Education Code, is amended by |
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adding Subsection (e-1) and amending Subsections (f) and (g) to |
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read as follows: |
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(e-1) A student who is enrolled in a school district in this |
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state or who participates in a University Interscholastic League |
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competition shall be prohibited from participation in any future |
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extracurricular activity sponsored or sanctioned by the school |
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district or the University Interscholastic League if the student |
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engages in conduct that contains the elements of the offense of |
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assault under Section 22.01(a)(1), Penal Code: |
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(1) against a person serving as referee, judge, or |
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other official of an extracurricular activity; and |
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(2) in retaliation for or as a result of the person's |
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actions taken in performing the duties of a referee, judge, or other |
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official of the extracurricular activity. |
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(f) Except for a student prohibited from participation |
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under Subsection (e-1), a [A] student suspended under this section |
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may practice or rehearse with other students for an extracurricular |
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activity but may not participate in a competition or other public |
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performance. |
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(g) An appeal to the commissioner is not a contested case |
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under Chapter 2001, Government Code, if the issues presented relate |
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to a student's eligibility to participate in extracurricular |
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activities, including issues related to the student's grades, [or] |
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the school district's grading policy as applied to the student's |
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eligibility, or the student's eligibility based on conduct |
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described by Subsection (e-1). The commissioner may delegate the |
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matter for decision to a person the commissioner designates. The |
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decision of the commissioner or the commissioner's designee in a |
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matter governed by this subsection may not be appealed except on the |
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grounds that the decision is arbitrary or capricious. Evidence may |
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not be introduced on appeal other than the record of the evidence |
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before the commissioner. |
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SECTION 2. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |