By: Lucio III, et al.	H.B. No. 677

	A BILL TO BE ENTITLED
	AN ACT
	relating to cognitive-linguistic or neurocognitive assessments of
	participants in extracurricular athletic activities sponsored or
	sanctioned by the University Interscholastic League.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter D, Chapter 33, Education Code, is
	amended by adding Section 33.093 to read as follows:
	Sec. 33.093.  COGNITIVE-LINGUISTIC OR NEUROCOGNITIVE
	ASSESSMENTS OF PARTICIPANTS IN EXTRACURRICULAR ATHLETIC
	ACTIVITIES. (a) For purposes of this section, only the following
	persons are appropriately licensed or certified health care
	professionals:
	(1)  a physician licensed under Subtitle B, Title 3,
	Occupations Code;
	(2)  a physician assistant licensed under Chapter 204,
	Occupations Code;
	(3)  an advanced practice nurse licensed under Chapter
	301, Occupations Code;
	(4)  a speech-language pathologist licensed under
	Chapter 401, Occupations Code, or certified as a speech-language
	pathologist by the Texas Education Agency; and
	(5)  an athletic trainer licensed under Chapter 451,
	Occupations Code.
	(b)  Except as provided under Subsection (d), a school
	district must require a district student who is required under
	University Interscholastic League rule or policy to receive a
	physical examination before being allowed to participate in an
	athletic activity sponsored or sanctioned by the University
	Interscholastic League to also receive a cognitive-linguistic or
	neurocognitive assessment performed by an appropriately licensed
	or certified health care professional and administered in
	accordance with current international consensus on concussion
	management before the district allows the student to participate in
	the activity, including a practice for the activity.
	(c)  Except as provided under Subsection (d), a school
	district must require a district student who, after sustaining a
	concussion, is required under University Interscholastic League
	rule or policy to receive a physical examination or obtain medical
	approval before being allowed to resume participating in or
	practicing for an athletic activity sponsored or sanctioned by the
	University Interscholastic League to also obtain a
	cognitive-linguistic or neurocognitive assessment performed by an
	appropriately licensed or certified health care professional and
	administered in accordance with current international consensus on
	concussion management before the district allows the student to
	resume participating in or practicing for the activity. The
	results of the cognitive-linguistic or neurocognitive assessment
	must be considered as a factor in determining whether the student is
	to be allowed to resume participating in or practicing for the
	activity.
	(d)  A school district is required to comply with Subsection
	(b) or (c), as applicable, only if the board of trustees of the
	district, by majority vote, decides that it is in the best interests
	of district students
	to comply with the subsection.
	(e)  A school district may assist in coordinating the
	provision of a cognitive-linguistic or neurocognitive assessment
	required under this section.  A district may pay the costs of the
	assessment and may recover those costs from the parent or guardian
	of a student or the student receiving the assessment.
	(f)  This section does not create a cause of action or
	liability against an appropriately licensed or certified health
	care professional, a school district, or a district officer or
	employee for the injury or death of a student participating in or
	practicing for an athletic activity sponsored or sanctioned by the
	University Interscholastic League based on or in connection with
	the administration or evaluation of or reliance on a
	cognitive-linguistic or neurocognitive assessment or the decision
	not to administer, evaluate, or rely on such an assessment.
	(g)  A school district shall maintain in a student's school
	records a copy of a cognitive-linguistic or neurocognitive
	assessment required under this section available to the district.
	(h)  The University Interscholastic League shall adopt rules
	as necessary to administer this section, including rules
	establishing standards for a cognitive-linguistic or
	neurocognitive assessment required under this section.  The league
	may consider recommendations of the league's medical advisory
	committee in establishing standards for a cognitive-linguistic or
	neurocognitive assessment.
	SECTION 2.  This Act applies beginning with the 2012-2013
	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, 2011.