88R9939 ANG-F
 
  By: LaMantia S.B. No. 2438
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the safety of a referee, judge, or other official at a
  public school extracurricular activity and prohibiting certain
  conduct by a spectator related to those officials' safety.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.081, Education Code, is amended by
  adding Subsection (f-1) and amending Subsection (g) to read as
  follows:
         (f-1)  A spectator of a University Interscholastic League
  competition, including a parent or guardian of a student
  participant, shall be prohibited from attending any future
  extracurricular activity sponsored or sanctioned by the school
  district or the University Interscholastic League if the spectator
  engages in conduct that 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.
         (g)  An appeal to the commissioner is not a contested case
  under Chapter 2001, Government Code, if the issues presented relate
  to a person's [student's] eligibility to participate in or attend an
  extracurricular activity [activities], including issues related to
  a [the] student's grades, the school district's grading policy as
  applied to a [the] student's eligibility, a [or the] student's
  eligibility based on conduct described by Subsection (e-1), or a
  spectator's eligibility to attend an extracurricular activity
  under Subsection (f-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.  Subchapter D, Chapter 33, Education Code, is
  amended by adding Section 33.099 to read as follows:
         Sec. 33.099.  SAFETY OF OFFICIAL. A school district or
  open-enrollment charter school that holds an extracurricular
  activity or a University Interscholastic League competition on
  district or school property shall provide a peace officer, school
  resource officer, or security personnel to ensure the safety of a
  referee, judge, or other official of the activity or competition
  until the official departs district or school property if:
               (1)  a participant or spectator of the activity or
  competition engages in, attempts to engage in, or threatens violent
  conduct against the official or otherwise disrupts the duties or
  free movement of the official; or
               (2)  the district or school reasonably suspects that an
  incident described by Subdivision (1) may occur at the activity or
  competition.
         SECTION 3.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 4.  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, 2023.