Bill Text: TX HB2721 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to prohibiting a student from participating in future extracurricular activities for certain conduct involving the assault of an extracurricular activity official.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2021-06-16 - Effective immediately [HB2721 Detail]

Download: Texas-2021-HB2721-Enrolled.html

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H.B. No. 2721

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 Subsections (e-1), (e-2), (e-3), (e-4), and (h) 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 state
executive committee of the league determines that the student
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.
(e-2) A student prohibited from participation in an
extracurricular activity under Subsection (e-1) may submit to the
University Interscholastic League a request that the student be
permitted to participate in future extracurricular activities
sponsored or sanctioned by the University Interscholastic League
if:
(1) the request is submitted at least:
(A) one year after the date the student engaged
in the conduct that resulted in the prohibition under Subsection
(e-1) if the student was enrolled in eighth grade or below at the
time of the conduct; or
(B) two years after the date the student engaged
in the conduct that resulted in the prohibition under Subsection
(e-1) if the student was enrolled in ninth grade or above at the
time of the conduct;
(2) the student:
(A) completed a course in anger management since
engaging in the conduct that resulted in the prohibition under
Subsection (e-1);
(B) completed any other course, activity, or
action required by the school district in which the student is
enrolled as a result of the conduct that resulted in the prohibition
under Subsection (e-1); and
(C) demonstrates, to the satisfaction of the
school district and the University Interscholastic League, that the
student has been rehabilitated and is unlikely to again engage in
the conduct described by Subsection (e-1); and
(3) a previous request submitted by the student under
this section has not been denied during the school year in which the
request is submitted.
(e-3) When determining whether to grant a request under
Subsection (e-2), the University Interscholastic League:
(1) shall take into account the severity of the
conduct that resulted in the prohibition under Subsection (e-1);
and
(2) may set conditions for the student's future
participation in extracurricular activities.
(e-4) The University Interscholastic League may prohibit a
student from participating in any future extracurricular activity
sponsored or sanctioned by the University Interscholastic League if
the student violates a condition set by the University
Interscholastic League under Subsection (e-3)(2).
(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.
(h) A request made under Subsection (e-2) is not a contested
case subject to Chapter 2001, Government Code.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2721 was passed by the House on May 8,
2021, by the following vote: Yeas 135, Nays 4, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2721 on May 28, 2021, by the following vote: Yeas 142, Nays 3,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2721 was passed by the Senate, with
amendments, on May 20, 2021, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor