Bill Text: TX SB2438 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the safety of a referee, judge, or other official at a public school extracurricular activity and prohibiting certain conduct by a spectator related to those officials' safety.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-23 - Referred to Education [SB2438 Detail]

Download: Texas-2023-SB2438-Introduced.html

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88R9939 ANG-F
By: LaMantia S.B. No. 2438

A BILL TO BE ENTITLED
AN ACT
relating to the safety of a referee, judge, or other official at a
public school extracurricular activity and prohibiting certain
conduct by a spectator related to those officials' safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.081, Education Code, is amended by
adding Subsection (f-1) and amending Subsection (g) to read as
follows:
(f-1) A spectator of a University Interscholastic League
competition, including a parent or guardian of a student
participant, shall be prohibited from attending any future
extracurricular activity sponsored or sanctioned by the school
district or the University Interscholastic League if the spectator
engages in conduct that 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.
(g) An appeal to the commissioner is not a contested case
under Chapter 2001, Government Code, if the issues presented relate
to a person's [student's] eligibility to participate in or attend an
extracurricular activity [activities], including issues related to
a [the] student's grades, the school district's grading policy as
applied to a [the] student's eligibility, a [or the] student's
eligibility based on conduct described by Subsection (e-1), or a
spectator's eligibility to attend an extracurricular activity
under Subsection (f-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.
SECTION 2. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.099 to read as follows:
Sec. 33.099. SAFETY OF OFFICIAL. A school district or
open-enrollment charter school that holds an extracurricular
activity or a University Interscholastic League competition on
district or school property shall provide a peace officer, school
resource officer, or security personnel to ensure the safety of a
referee, judge, or other official of the activity or competition
until the official departs district or school property if:
(1) a participant or spectator of the activity or
competition engages in, attempts to engage in, or threatens violent
conduct against the official or otherwise disrupts the duties or
free movement of the official; or
(2) the district or school reasonably suspects that an
incident described by Subdivision (1) may occur at the activity or
competition.
SECTION 3. This Act applies beginning with the 2023-2024
school year.
SECTION 4. 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, 2023.