By: Patterson, et al. (Senate Sponsor - Nelson) H.B. No. 1080
(In the Senate - Received from the House May 5, 2021;
May 6, 2021, read first time and referred to Committee on
Education; May 14, 2021, reported favorably by the following vote:
Yeas 10, Nays 0; May 14, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for participation in University
Interscholastic League activities of certain public school
students who receive outpatient mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.0832 to read as follows:
Sec. 33.0832. PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC
LEAGUE ACTIVITIES BY STUDENTS RECEIVING OUTPATIENT MENTAL HEALTH
SERVICES. (a) This section applies to a student who:
(1) receives outpatient mental health services from a
mental health facility, as defined by Section 571.003, Health and
Safety Code; and
(2) is enrolled in a school district or
open-enrollment charter school or otherwise receives public
education services from a district or school.
(b) The University Interscholastic League shall ensure that
league rules do not exclude from eligibility for participation in a
league activity a student to whom this section applies based solely
on the criteria described in Subsection (a)(1).
(c) A school district or open-enrollment charter school may
not adopt or enforce policies that restrict participation in
University Interscholastic League activities by a student to whom
this section applies based solely on:
(1) the criteria described in Subsection (a)(1); or
(2) the student's absence during instructional time
while receiving outpatient mental health services as described by
Subsection (a)(1).
(d) This section does not exempt a student to whom this
section applies from any eligibility requirement for participation
in University Interscholastic League activities other than an
eligibility requirement based solely on the criteria described in
Subsection (a)(1).
SECTION 2. As soon as practicable after the effective date
of this Act:
(1) the University Interscholastic League shall
propose or amend rules as necessary to comply with Section 33.0832,
Education Code, as added by this Act; and
(2) a school district or open-enrollment charter
school shall propose or amend policies as necessary to comply with
Section 33.0832, Education Code, as added by this Act.
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.
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