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A BILL TO BE ENTITLED
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AN ACT
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relating to safety regulations for certain public school |
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extracurricular activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 33, Education Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. SAFETY REGULATIONS FOR CERTAIN |
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EXTRACURRICULAR ACTIVITIES |
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Sec. 33.201. APPLICABILITY. This subchapter applies to |
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each public school in this state and to any other school in this |
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state subject to University Interscholastic League rules. |
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Sec. 33.202. SAFETY TRAINING REQUIRED. (a) The |
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commissioner by rule shall develop and adopt an extracurricular |
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activity safety training program as provided by this section. In |
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developing the program, the commissioner may use materials |
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available from the American Red Cross, Emergency Medical Systems |
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(EMS), or another appropriate entity. |
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(b) The following persons must satisfactorily complete the |
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safety training program: |
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(1) a coach, trainer, or sponsor for an |
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extracurricular athletic activity; |
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(2) except as provided by Subsection (f), a physician |
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who is employed by a school or school district or who volunteers to |
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assist with an extracurricular athletic activity; and |
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(3) a director responsible for a school marching band. |
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(c) The safety training program must include: |
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(1) certification of participants by the American Red |
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Cross, the American Heart Association, or a similar organization or |
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the University Interscholastic League, as determined by the |
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commissioner; |
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(2) current training in: |
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(A) emergency action planning; |
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(B) cardiopulmonary resuscitation if the person |
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is not required to obtain certification under Section 33.086; |
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(C) communicating effectively with 9-1-1 |
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emergency service operators and other emergency personnel; and |
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(D) recognizing symptoms of potentially |
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catastrophic injuries, including head and neck injuries, |
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concussions, injuries related to second impact syndrome, asthma |
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attacks, heatstroke, cardiac arrest, and injuries requiring use of |
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a defibrillator; and |
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(3) at least once each school year, a safety drill that |
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incorporates the training described by Subdivision (2) and |
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simulates various injuries described by Subdivision (2)(D). |
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(d) A school district shall provide training to students |
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participating in an extracurricular athletic activity related to: |
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(1) recognizing the symptoms of injuries described by |
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Subsection (c)(2)(D); and |
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(2) the risks of using dietary supplements designed to |
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enhance or marketed as enhancing athletic performance. |
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(e) The safety training program and the training under |
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Subsection (d) may each be conducted by a school or school district |
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or by an organization described by Subsection (c)(1). |
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(f) A physician who is employed by a school or school |
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district or who volunteers to assist with an extracurricular |
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athletic activity is not required to complete the safety training |
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program if the physician attends a continuing medical education |
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course that specifically addresses emergency medicine. |
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Sec. 33.203. COMPLETION OF UNIVERSITY INTERSCHOLASTIC |
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LEAGUE FORMS. (a) Each student participating in an |
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extracurricular athletic activity must complete the University |
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Interscholastic League forms entitled "Preparticipation Physical |
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Evaluation--Medical History" and "Acknowledgment of Rules." Each |
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form must be signed by both the student and the student's parent or |
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guardian. |
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(b) Each form specified by Subsection (a) must clearly state |
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that failure to accurately and truthfully answer all questions on a |
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form required by statute or by the University Interscholastic |
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League as a condition for participation in an extracurricular |
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athletic activity subjects a signer of the form to penalties |
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determined by the University Interscholastic League. |
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(c) The "Preparticipation Physical Evaluation--Medical |
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History" form must contain the following statement: |
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"An individual answering in the affirmative to |
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any question relating to a possible cardiovascular |
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health issue, as identified on the form, should be |
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restricted from further participation until the |
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individual is examined and cleared by a physician, |
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physician assistant, chiropractor, or nurse |
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practitioner. Ultimately, the individual may need to |
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be evaluated by a cardiologist and/or undergo cardiac |
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testing (including an echocardiogram and/or other |
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heart-related examination) based on the assessment by |
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the primary care provider." |
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Sec. 33.204. CERTAIN UNSAFE ATHLETIC ACTIVITIES |
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PROHIBITED. A coach, trainer, or sponsor for an extracurricular |
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athletic activity may not encourage or permit a student |
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participating in the activity to engage in any unreasonably |
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dangerous athletic technique that unnecessarily endangers the |
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health of a student, including using a helmet or any other sports |
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equipment as a weapon. |
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Sec. 33.205. CERTAIN SAFETY PRECAUTIONS REQUIRED. (a) A |
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coach, trainer, or sponsor for an extracurricular athletic activity |
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shall at each athletic practice or competition ensure that: |
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(1) each student participating in the activity is |
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adequately hydrated; |
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(2) any prescribed asthma medication for a student |
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participating in the activity is readily available to the student; |
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(3) emergency lanes providing access to the practice |
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or competition area are open and clear; and |
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(4) heatstroke prevention materials are readily |
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available. |
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(b) If a student participating in an extracurricular |
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athletic activity, including a practice or competition, becomes |
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unconscious during the activity, the student may not: |
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(1) return to the practice or competition during which |
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the student became unconscious; or |
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(2) participate in any extracurricular athletic |
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activity until the student receives written authorization for such |
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participation from a physician. |
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Sec. 33.206. COMPLIANCE; ENFORCEMENT. (a) In accordance |
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with Chapter 552, Government Code, a school shall make available to |
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the public proof of compliance for each person enrolled in, |
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employed by, or volunteering for the school who is required to |
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receive safety training described by Section 33.202. |
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(b) The superintendent of a school district or the director |
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of a school subject to this subchapter shall maintain complete and |
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accurate records of the district's or school's compliance with |
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Section 33.202. |
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(c) A school campus that is determined by the school's |
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superintendent or director to be out of compliance with Section |
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33.202, 33.204, or 33.205 with regard to University Interscholastic |
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League activities shall be subject to the range of penalties |
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determined by the University Interscholastic League. |
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Sec. 33.207. CONTACT INFORMATION. (a) The commissioner |
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shall maintain an existing telephone number and an electronic mail |
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address to allow a person to report a violation of this subchapter. |
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(b) Each school that offers an extracurricular athletic |
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activity shall prominently display at the administrative offices of |
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the school the telephone number and electronic mail address |
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maintained under Subsection (a). |
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Sec. 33.208. NOTICE REQUIRED. (a) A school that offers an |
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extracurricular athletic activity shall provide to each student |
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participating in an extracurricular athletic activity and to the |
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student's parent or guardian a copy of the text of Sections |
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33.201-33.207 and a copy of the University Interscholastic League's |
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parent information manual. |
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(b) A document required to be provided under this section |
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may be provided in an electronic format unless otherwise requested |
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by a student, parent, or guardian. |
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Sec. 33.209. INCORPORATION OF SAFETY REGULATIONS. The |
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University Interscholastic League shall incorporate the provisions |
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of Sections 33.203-33.207 into the league's constitution and |
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contest rules. |
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Sec. 33.210. IMMUNITY FROM LIABILITY. This subchapter does |
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not waive any liability or immunity of a school district or its |
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officers or employees. This subchapter does not create any |
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liability for or a cause of action against a school district or its |
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officers or employees. |
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Sec. 33.211. LIMITATION ON LIABILITY. A person who |
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volunteers to assist with an extracurricular activity is not liable |
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for civil damages arising out of an act or omission relating to the |
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requirements under Section 33.205 unless the act or omission is |
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willfully or wantonly negligent. |
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SECTION 2. Subchapter F, Chapter 33, Education Code, as |
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added by this Act, applies beginning with the 2008-2009 school |
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year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |