Bill Text: TX HB2721 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to prohibiting a student from participating in future extracurricular activities for certain conduct involving the assault of an extracurricular activity official.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2021-06-16 - Effective immediately [HB2721 Detail]
Download: Texas-2021-HB2721-Enrolled.html
H.B. No. 2721 |
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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 [ |
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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, [ |
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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 |