Bill Text: TX HB1643 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to equal opportunity for access by private and parochial school students to certain University Interscholastic League sponsored activities.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-03-04 - Referred to Public Education [HB1643 Detail]

Download: Texas-2013-HB1643-Introduced.html
  83R2269 EAH-F
 
  By: Dutton H.B. No. 1643
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to equal opportunity for access by private and parochial
  school students to certain University Interscholastic League
  sponsored activities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 33, Education Code, is
  amended by adding Section 33.0832 to read as follows:
         Sec. 33.0832.  EQUAL OPPORTUNITY FOR ACCESS TO UNIVERSITY
  INTERSCHOLASTIC LEAGUE ACTIVITIES OTHER THAN FOOTBALL OR
  BASKETBALL.  (a)  In this section, "private school" has the meaning
  assigned by Section 39.033(d).
         (b)  The University Interscholastic League shall provide
  private and parochial schools with equal opportunity to become
  members of the league for the purpose of providing their students
  with access to league activities other than football or basketball.
         (c)  This section does not exempt a private or parochial
  school or its students from satisfying each rule or eligibility
  requirement imposed by this subchapter or the league for
  participating in an activity or league district sponsored by the
  league.
         (d)  A private or parochial school seeking to participate in
  a league activity or to become a member of a league district shall
  apply to the league on a signed form prescribed by the league. The
  school must certify its eligibility under this subchapter and
  league rules in the application and must attach proof of
  accreditation. The league may not impose eligibility requirements
  for private or parochial schools that exceed the requirements of
  this subchapter or league rules for public schools or require proof
  of eligibility that exceeds the proof required of public schools.
  On approval of an application, the league shall issue a certificate
  of approval to the applicant school. The application and
  certificate of approval are governmental records for purposes of
  Section 37.10, Penal Code.
         (e)  The league shall determine the appropriate league
  district in which an eligible private or parochial school will
  participate using the same standard the league applies to public
  schools, provided that the private or parochial school may not be
  placed in a league district lower than the 1A level.
         (f)  The league shall adopt rules that prohibit an eligible
  private or parochial school from recruiting any student to attend
  the school for the purpose of participating in a league activity.  A
  rule adopted under this subsection may not discriminate against an
  eligible private or parochial school.
         (g)  To be eligible under this section, a private or
  parochial school must:
               (1)  be accredited by an accrediting organization
  recognized by the agency;
               (2)  not have had its ability or eligibility to
  participate in an association similar to the league compromised,
  revoked, or suspended for violating the rules or codes of that
  association within the five-year period preceding the date of
  application to participate in the league;
               (3)  offer a four-year high school curriculum;
               (4)  offer interscholastic competition; and
               (5)  require daily student attendance at a specific
  location.
         (h)  Nothing in this section affects the right of a private
  school participating in league activities during the 2012-2013
  school year to continue participating in league activities in
  subsequent school years in a manner comparable to the school's
  participation during the 2012-2013 school year.
         (i)  Notwithstanding any other provision of this section,
  but subject to Subsection (h), the league shall implement this
  section by providing private and parochial schools with equal
  opportunity to participate in:
               (1)  league academic activities beginning with the
  2013-2014 school year;
               (2)  league athletic activities, other than football or
  basketball, at the 1A and 2A league district levels beginning with
  the spring semester of the 2013-2014 school year;
               (3)  league athletic activities, other than football or
  basketball, at the 3A league district level beginning with the
  2014-2015 school year;
               (4)  league athletic activities, other than football or
  basketball, at the 4A league district level beginning with the
  2015-2016 school year; and
               (5)  league athletic activities, other than football or
  basketball, at the 5A league district level beginning with the
  2016-2017 school year.
         (j)  Subsection (i) and this subsection expire September 1,
  2017.
         SECTION 2.  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, 2013.
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