By: Birdwell, et al.	S.B. No. 213
	(In the Senate - Filed March 11, 2015; March 16, 2015, read
	first time and referred to Committee on Education; April 28, 2015,
	reported adversely, with favorable Committee Substitute by the
	following vote:  Yeas 10, Nays 0; April 28, 2015, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 213	By:  Bettencourt

	A BILL TO BE ENTITLED
	AN ACT
	relating to the functions and duties of the University
	Interscholastic League.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 7.055(b)(41), Education Code, is amended
	to read as follows:
	(41)  The commissioner shall adopt rules relating to
	extracurricular activities under Section 33.081 and approve or
	disapprove University Interscholastic League rules and procedures
	under Section 67.72(c) [33.083].
	SECTION 2.  Section 33.094(d), Education Code, is amended to
	read as follows:
	(d)  The University Interscholastic League may adopt rules
	necessary to implement this section, provided that the rules must
	be approved by the commissioner in accordance with Section 67.72(c)
	[33.083(b)].
	SECTION 3.  Section 33.203, Education Code, is amended by
	adding Subsections (c) and (d) to read as follows:
	(c)  In addition to the forms required by Subsection (a),
	each student participating in an extracurricular athletic activity
	must submit a completed University Interscholastic League form
	entitled "Preparticipation Physical Evaluation--Physical
	Examination."
	(d)  An affirmative answer on the "Preparticipation Physical
	Evaluation--Medical History" form indicating a cardiac or
	neurological history requires a person signing the
	"Preparticipation Physical Evaluation--Physical Examination"
	form, in accordance with rules adopted by the University
	Interscholastic League, to refer the student to the student's
	treating physician. The student's treating physician must provide
	a written statement indicating that, in the physician's
	professional judgment, it is safe for the student to participate in
	practice and play in an extracurricular athletic activity.
	SECTION 4.  Section 38.153, Education Code, is amended by
	adding Subsections (c) and (d) to read as follows:
	(c)  Not later than September 1 of each year, the
	superintendent of a school district and the person who serves the
	function of a superintendent for an open-enrollment charter school
	shall submit to the University Interscholastic League a notarized
	document stating:
	(1)  that the district or school has formed a
	concussion oversight team as required by Subsection (a);
	(2)  the name and occupation of each person serving on
	the concussion oversight team and confirming that each person has
	completed the training required by Section 38.154(c);
	(3)  that the concussion oversight team has established
	and is using the return-to-play protocol as required by Subsection
	(b);
	(4)  the number of full-time athletic trainers employed
	by the district or school; and
	(5)  the number of coaches employed by the district or
	school who have completed the concussion training required by
	Section 38.158 and the number of coaches employed by the district or
	school who have not completed the required concussion training.
	(d)  Not later than October 1 of each year, the notarized
	statements submitted under Subsection (c) must be available to the
	public on the University Interscholastic League's Internet
	website.  The University Interscholastic League is responsible for
	ensuring each year that statements are obtained from each school
	district and open-enrollment charter school subject to this
	section.
	SECTION 5.  Section 51.406(b), Education Code, is amended to
	read as follows:
	(b)  To the extent that any of the following laws require
	reporting by a university system or an institution of higher
	education, a university system or institution of higher education
	is not required to make the report on or after September 1, 2013,
	unless legislation enacted by the 83rd Legislature that becomes law
	expressly requires the institution or system to make the report:
	(1)  Section 7.109;
	(2)  [Section 33.083;
	[(3)]  Section 59.07;
	(3) [(4)]  Section 130.086;
	(4) [(5)]  Section 325.007, Government Code;
	(5) [(6)]  Section 669.003, Government Code;
	(6) [(7)]  Section 2005.007, Government Code;
	(7) [(8)]  Section 2054.097, Government Code;
	(8) [(9)]  Chapter 2114, Government Code; and
	(9) [(10)]  Section 2205.041, Government Code.
	SECTION 6.  Chapter 67, Education Code, is amended by adding
	Subchapter E to read as follows:
	SUBCHAPTER E. UNIVERSITY INTERSCHOLASTIC LEAGUE
	Sec. 67.71.  DEFINITIONS. In this subchapter:
	(1)  "League" means the University Interscholastic
	League.
	(2)  "Rule" or "contest rule" means a rule or procedure
	included in the league's constitution and contest rules.
	SECTION 7.  Sections 33.083(b) and (d), Education Code, are
	transferred to Subchapter E, Chapter 67, Education Code, as added
	by this Act, redesignated as Section 67.72, Education Code, and
	amended to read as follows:
	Sec. 67.72.  UNIVERSITY INTERSCHOLASTIC LEAGUE.
	(a) [(b)]  The University Interscholastic League is a state agency
	that is part of The University of Texas at Austin [and must submit
	its rules and procedures to the commissioner for approval or
	disapproval]. The funds belonging to the league [University
	Interscholastic League] shall be deposited with the university [The
	University of Texas at Austin] for the benefit of the league and
	shall be subject to audits by the university [The University of
	Texas at Austin], The University of Texas System, and the state
	auditor. Copies of annual audits shall be furnished, on request, to
	members of the legislature.
	(b)  The league:
	(1)  creates and administers interscholastic contests,
	including academic, music, and athletic contests, for member
	schools;
	(2)  adopts and enforces contest rules;
	(3)  creates local committees to assist in the
	administration of interscholastic contests; and
	(4)  performs any duty necessary to administer
	interscholastic contests in the state for member schools.
	(c)  The league must submit all contest rules and procedures
	to the commissioner of education for approval or disapproval.
	(d)  League contest rules are not subject to Chapter 2001,
	Government Code.
	(e) [(d)]  The league [University Interscholastic League]
	shall file annually with the governor and the presiding officer of
	each house of the legislature a complete and detailed written
	report accounting for all funds received and disbursed by the
	league [University Interscholastic League] during the preceding
	fiscal year. The form of the annual report and the reporting time
	are as provided by the General Appropriations Act.
	SECTION 8.  Section 33.0831, Education Code, is transferred
	to Subchapter E, Chapter 67, Education Code, as added by this Act,
	redesignated as Section 67.73, Education Code, and amended to read
	as follows:
	Sec. 67.73  [33.0831].  [UNIVERSITY INTERSCHOLASTIC] LEAGUE
	RULES:  FISCAL IMPACT STATEMENT. (a)  The legislative council of
	the league [University Interscholastic League] may not take final
	action on a new or amended rule that would result in additional
	costs for a member school unless a fiscal impact statement
	regarding the rule has been completed in accordance with this
	section.
	(b)  For purposes of Subsection (a), final action by the
	legislative council means:
	(1)  submitting a rule to school superintendents, if
	the submission is required under the legislative council's
	procedures; or
	(2)  submitting a rule approved by the council to the
	commissioner of education for the commissioner's approval under
	Section 67.72(c) [33.083(b)], if the rule does not require
	submission to school superintendents under the legislative
	council's procedures.
	(c)  A fiscal impact statement regarding a rule must include:
	(1)  a projection of the costs to member schools of
	complying with the rule during the five-year period following the
	effective date of the rule; and
	(2)  an explanation of the methodology used to analyze
	the fiscal impact of the rule and determine the costs projection
	required by Subdivision (1).
	(d)  If a fiscal impact statement is prepared for a rule, a
	copy of the statement must be attached to the rule when it is
	submitted for approval to school superintendents, if applicable,
	and when it is submitted to the commissioner of education for
	approval.
	SECTION 9.  Subchapter E, Chapter 67, Education Code, as
	added by this Act, is amended by adding Section 67.74 to read as
	follows:
	Sec. 67.74.  LOCAL COMMITTEES. (a)  A local committee
	created to assist the league in the administration of
	interscholastic contests is subject to the open meetings
	requirements under Chapter 551, Government Code, and public
	information requirements under Chapter 552, Government Code, in the
	same manner that the board of trustees of a school district is
	subject to those laws. In addition to any other applicable
	exceptions, the exceptions found in Sections 552.114 and 552.135,
	Government Code, apply to a local committee.
	(b)  Any money collected by a local committee for committee
	use are not funds belonging to the league and may not be deposited
	in a university account.
	(c)  A local committee shall:
	(1)  collect and expend funds in accordance with league
	rules; and
	(2)  report revenue and expenditures on an annual basis
	to the league.
	SECTION 10.  Sections 33.085, 33.091, 33.209, and 67.26,
	Education Code, are transferred to Subchapter E, Chapter 67,
	Education Code, as added by this Act, redesignated as Sections
	67.75, 67.76, 67.77, and 67.78, Education Code, respectively, and
	amended to read as follows:
	Sec. 67.75 [33.085].  AUTHORITY [OF UNIVERSITY
	INTERSCHOLASTIC LEAGUE] REGARDING ACTIVITIES INVOLVING SPORTS
	OFFICIALS. (a)  In this section, "sports official" [:
	[(1)     "League" means the University Interscholastic
	League.
	[(2)  "Sports official"] means a person who officiates,
	judges, or in any manner enforces contest rules in any official
	capacity with respect to and during the course of an
	interscholastic athletic team competition and who is a member of a
	league-recognized local chapter or association of sports
	officials.  The term includes a referee, umpire, linesman, judge,
	or any other person similarly involved in supervising competitive
	play.  The term does not include a league board member or a league
	official who is acting in an official capacity to supervise,
	administer, or enforce the league constitution or league contest
	rules.
	(b)  The league may require a sports official, as a condition
	of eligibility to officiate a contest sponsored by the league, to:
	(1)  be registered with the league and comply with the
	registration requirements of Subsection (c);
	(2)  have completed initial and continuing education
	programs regarding league rules;
	(3)  be a member in good standing of a local chapter or
	association of sports officials recognized by the league for that
	purpose; and
	(4)  agree to abide by league rules, including fee
	schedules and travel reimbursement guidelines for payment by school
	districts or open-enrollment charter schools to a sports official.
	(c)  In registering with the league, a sports official must
	be required to provide directory information required by the league
	and submit to a criminal background check.
	(d)  The league may not charge a sports official who
	completes a program under Subsection (b)(2) a fee for more than one
	program described by Subsection (b)(2).
	(e)  The league may charge and collect a registration fee
	only to defray the cost of registering sports officials and shall
	post the amount of the fee on the league's Internet website and make
	the information available at other places the league determines
	appropriate.  The amount of the fee may not exceed the amount
	reasonably determined by the league to be necessary to cover the
	cost of administering registration.
	(f)  The league may revoke or suspend the league registration
	of a sports official determined by the league to have violated the
	provisions of the league constitution or contest rules governing
	sports officials or other league policy applicable to sports
	officials.  Before the league may take action to revoke or suspend a
	sports official's registration, the league shall notify and consult
	with the local chapter or association of sports officials of which
	the sports official is a member.  The local chapter or association
	may, on or before the 15th day after the date notice is received
	from the league, take action to adjudicate the alleged violation.
	If after the 15th day after the date notice is received from the
	league the local chapter or association has failed to take action
	against the sports official or takes action that the league finds to
	be insufficient, the league may take action against the sports
	official.  The league shall adopt rules to provide a sports official
	with the opportunity for an appeals process before the league
	revokes or suspends the sports official's registration.  In
	adopting rules under this subsection, the league shall make a
	determination of the actions and subsequent sanctions that would be
	considered sufficient under this subsection.
	(g)  The league may not sponsor or organize or attempt to
	sponsor or organize any association of sports officials in which
	the majority of the membership is composed of sports officials who
	officiate team sports.
	(h)  The league may set rates or fee schedules payable by a
	school district or open-enrollment charter school to a sports
	official.
	(i)  Before the league may take any action that amends rules
	related to the activities of sports officials, other than an action
	against an individual sports official under Subsection (f), the
	league must submit the proposed action for public review and
	comment, including:
	(1)  notifying registered sports officials of the
	proposed action by e-mail not later than the 30th day before the
	date set for action on the proposal; and
	(2)  posting the proposal on the league's Internet
	website for at least 30 consecutive days before the date set for
	action on the proposal.
	Sec. 67.76 [33.091].  PREVENTION OF ILLEGAL STEROID USE[;
	RANDOM TESTING]. (a)  In this section:
	(1)  ["League" means the University Interscholastic
	League.
	[(2)]  "Parent" includes a guardian or other person
	standing in parental relation.
	(2) [(3)]  "Steroid" means an anabolic steroid as
	described by Section 481.104, Health and Safety Code.
	(b)  [The league shall adopt rules prohibiting a student from
	participating in an athletic competition sponsored or sanctioned by
	the league unless:
	[(1)     the student agrees not to use steroids and, if the
	student is enrolled in high school, the student submits to random
	testing for the presence of illegal steroids in the student's body,
	in accordance with the program established under Subsection (d);
	and
	[(2)     the league obtains from the student's parent a
	statement signed by the parent and acknowledging that:
	[(A)     the parent's child, if enrolled in high
	school, may be subject to random steroid testing;
	[(B)     state law prohibits possessing, dispensing,
	delivering, or administering a steroid in a manner not allowed by
	state law;
	[(C)     state law provides that bodybuilding,
	muscle enhancement, or the increase of muscle bulk or strength
	through the use of a steroid by a person who is in good health is not
	a valid medical purpose;
	[(D)     only a licensed practitioner with
	prescriptive authority may prescribe a steroid for a person; and
	[(E)     a violation of state law concerning steroids
	is a criminal offense punishable by confinement in jail or
	imprisonment in the Texas Department of Criminal Justice.
	[(c)]  The league shall:
	(1)  develop an educational program for students
	engaged in extracurricular athletic activities sponsored or
	sanctioned by the league, parents of those students, and coaches of
	those activities regarding the health effects of steroid use; and
	(2)  make the program available to school districts.
	(c) [(c-1)]  A school district shall require that each
	district employee who serves as an athletic coach at or above the
	seventh grade level for an extracurricular athletic activity
	sponsored or sanctioned by the league complete:
	(1)  the educational program developed by the league
	under Subsection (b) [(c)]; or
	(2)  a comparable program developed by the district or
	a private entity with relevant expertise.
	[(d)     The league shall adopt rules for the annual
	administration of a steroid testing program under which high school
	students participating in an athletic competition sponsored or
	sanctioned by the league are tested at multiple times throughout
	the year for the presence of steroids in the students' bodies.   The
	testing program must:
	[(1)     require the random testing of a statistically
	significant number of high school students in this state who
	participate in athletic competitions sponsored or sanctioned by the
	league;
	[(2)     provide for the selection of specific students
	described by Subdivision (1) for testing through a process that
	randomly selects students from a single pool consisting of all
	students who participate in any activity for which the league
	sponsors or sanctions athletic competitions;
	[(3)     be administered at approximately 30 percent of
	the high schools in this state that participate in athletic
	competitions sponsored or sanctioned by the league;
	[(4)     provide for a process for confirming any initial
	positive test result through a subsequent test conducted as soon as
	practicable after the initial test, using a sample that was
	obtained at the same time as the sample used for the initial test;
	[(5)     require the testing to be performed only by an
	anabolic steroid testing laboratory with a current certification
	from the Substance Abuse and Mental Health Services Administration
	of the United States Department of Health and Human Services, the
	World Anti-Doping Agency, or another appropriate national or
	international certifying organization; and
	[(6)     provide for a period of ineligibility from
	participation in an athletic competition sponsored or sanctioned by
	the league for any student with a confirmed positive test result or
	any student who refuses to submit to random testing.
	[(e)     Results of a steroid test conducted under Subsection
	(d) are confidential and, unless required by court order, may be
	disclosed only to the student and the student's parent and the
	activity directors, principal, and assistant principals of the
	school attended by the student.
	[(f)     From funds already appropriated, the agency shall pay
	the costs of the steroid testing program established under
	Subsection (d).
	[(g)     The league may increase the membership fees required of
	school districts that participate in athletic competitions
	sponsored or sanctioned by the league in an amount necessary to
	offset the cost of league activities under this section.
	[(h)     Subsection (b)(1) does not apply to the use by a
	student of a steroid that is dispensed, prescribed, delivered, and
	administered by a medical practitioner for a valid medical purpose
	and in the course of professional practice, and a student is not
	subject to a period of ineligibility under Subsection (d)(6) on the
	basis of that steroid use.]
	Sec. 67.77 [33.209].  INCORPORATION OF SAFETY REGULATIONS.
	The league [University Interscholastic League] shall incorporate
	the provisions of Sections 33.203-33.207 into the league's
	constitution and contest rules.
	Sec. 67.78 [67.26].  [UNIVERSITY INTERSCHOLASTIC LEAGUE;]
	VENUE FOR LEAGUE SUITS. Venue for suits brought against the league
	[University Interscholastic League] or for suits involving the
	interpretation or enforcement of the rules or regulations of the
	league [University Interscholastic League] shall be in Travis
	County, Texas. When the litigation involves a school district
	located within Travis County, it shall be heard by a visiting judge.
	SECTION 11.  (a)  As soon as possible after the effective
	date of this Act, the University Interscholastic League shall
	modify its rules to reflect the changes made by this Act to Section
	33.203, Education Code.
	(b)  Sections 33.203(c) and (d), Education Code, as added by
	this Act, apply only to a "Preparticipation Physical
	Evaluation--Physical Examination" form signed on or after the
	effective date of this Act. A "Preparticipation Physical
	Evaluation--Physical Examination" form signed before the effective
	date of this Act is governed by the law in effect immediately before
	the effective date of this Act, and that law is continued in effect
	for that purpose.
	SECTION 12.  Section 33.084, Education Code, is repealed.
	SECTION 13.  (a)  Sections 33.203(c) and (d), Education
	Code, as added by this Act, take effect immediately if this Act
	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, Sections 33.203(c) and (d), Education Code, as added by
	this Act, take effect September 1, 2015.
	(b)  Except as provided by Subsection (a) of this section,
	this Act takes effect September 1, 2015.
	* * * * *