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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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CreightonX |
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CampbellX |
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BettencourtX |
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BirdwellX |
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FloresX |
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KingX |
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LaMantiaX |
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MenéndezX |
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MiddletonX |
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ParkerX |
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PaxtonX |
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SpringerX |
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WestX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the safety of a referee, judge, or other official at |
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certain public school extracurricular activities and competitions |
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and prohibiting certain conduct by a spectator related to those |
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officials' safety. |
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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 Subsections (f-1) and (f-2) and amending Subsection (g) to |
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read as follows: |
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(f-1) A school district may prohibit a spectator of an |
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extracurricular athletic activity or competition, including a |
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parent or guardian of a student participant, from attending any |
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future extracurricular athletic activity or competition sponsored |
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or sanctioned by the school district or the University |
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Interscholastic League if the spectator engages in conduct that |
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intentionally, knowingly, or recklessly causes bodily injury to a |
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person serving as referee, judge, or other official of an |
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extracurricular athletic activity or competition in retaliation |
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for or as a result of the person's actions taken in performing the |
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duties of a referee, judge, or other official of the |
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extracurricular athletic activity or competition. |
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(f-2) A school district may establish an appeals process by |
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which a person may appeal to the district a prohibition imposed |
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under Subsection (f-1). |
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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 person's [student's] eligibility to participate in or attend an |
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extracurricular activity [activities], including issues related to |
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a [the] student's grades, the school district's grading policy as |
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applied to a [the] student's eligibility, a [or the] student's |
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eligibility based on conduct described by Subsection (e-1), or a |
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spectator's eligibility to attend an extracurricular athletic |
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activity or competition under Subsection (f-1). The commissioner |
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may delegate the matter for decision to a person the commissioner |
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designates. The decision of the commissioner or the commissioner's |
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designee in a matter governed by this subsection may not be appealed |
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except on the grounds that the decision is arbitrary or capricious. |
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Evidence may not be introduced on appeal other than the record of |
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the evidence before the commissioner. |
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SECTION 2. Subchapter D, Chapter 33, Education Code, is |
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amended by adding Section 33.099 to read as follows: |
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Sec. 33.099. SAFETY OF OFFICIAL. A school district or |
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open-enrollment charter school that holds an extracurricular |
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athletic activity or a University Interscholastic League athletic |
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competition on district or school property shall provide a peace |
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officer, a school resource officer, an administrator, or security |
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personnel to ensure the safety of a referee, judge, or other |
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official of the activity or competition until the official departs |
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district or school property if: |
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(1) a participant or spectator of the activity or |
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competition engages in, attempts to engage in, or threatens violent |
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conduct against the official or otherwise disrupts the duties or |
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free movement of the official; or |
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(2) the district or school reasonably suspects that an |
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incident described by Subdivision (1) may occur at the activity or |
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competition. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 4. 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, 2023. |
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* * * * * |