Texas 2021 - 87th Regular

Texas House Bill HB4446 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R8773 MM-F
2	2	By: Cain H.B. No. 4446
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a program to provide certain children with character
8	8	development opportunities, career advancement assistance, and
9	9	access to certain extracurricular and wellness services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle I, Title 4, Government Code, is amended
12	12	by adding Chapter 543 to read as follows:
13	13	CHAPTER 543. OPPORTUNITY AND ASSISTANCE PROGRAM FOR CERTAIN
14	14	CHILDREN
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 543.001. DEFINITIONS. In this chapter:
17	17	(1) "Commission" means the Health and Human Services
18	18	Commission.
19	19	(2) "Eligible child" means:
20	20	(A) a child receiving educational services under
21	21	the supervision of the Texas Juvenile Justice Department;
22	22	(B) a child in the managing conservatorship of
23	23	the Department of Family and Protective Services;
24	24	(C) a child who is eligible to participate in the
25	25	Head Start program as defined by Chapter 72, Human Resources Code;
26	26	(D) a student described by Section 29.916(a)(1),
27	27	Education Code;
28	28	(E) a child with an intellectual disability; and
29	29	(F) any other child to whom the executive
30	30	commissioner is able to extend program access after prioritizing
31	31	access for children described by Paragraphs (A)-(E).
32	32	(3) "Executive commissioner" means the executive
33	33	commissioner of the Health and Human Services Commission.
34	34	(4) "Program" means the opportunity and assistance
35	35	program established under this chapter.
36	36	Sec. 543.002. GIFTS, GRANTS, AND DONATIONS. The commission
37	37	may solicit and accept gifts, grants, and donations from any public
38	38	or private source for the purposes of this chapter.
39	39	Sec. 543.003. REPORT TO GOVERNOR AND LEGISLATURE. Not
40	40	later than December 1 of each even-numbered year, the commission
41	41	shall submit a report to the governor and members of the legislature
42	42	regarding the program and activities of program participants.
43	43	Sec. 543.004. RULES. The executive commissioner may adopt
44	44	rules necessary to implement this chapter.
45	45	SUBCHAPTER B. PROGRAM ADMINISTRATION, OPPORTUNITIES, AND
46	46	ASSISTANCE
47	47	Sec. 543.051. PROGRAM ESTABLISHMENT. The executive
48	48	commissioner by rule shall establish and administer the opportunity
49	49	and assistance program to provide character development
50	50	opportunities, career advancement assistance, access to University
51	51	Interscholastic League sponsored activities, and counseling and
52	52	wellness services to eligible children.
53	53	Sec. 543.052. ADMINISTRATION OF PROGRAM. (a) The
54	54	executive commissioner shall:
55	55	(1) adopt rules as necessary to administer the
56	56	program; and
57	57	(2) work collaboratively with school districts, the
58	58	University Interscholastic League, and other local authorities as
59	59	necessary to fulfill the commission's duties under this chapter.
60	60	(b) In developing the program, the executive commissioner
61	61	may partner with online and local providers to offer program
62	62	participants the character development opportunities and career
63	63	advancement assistance described by Sections 543.053 and 543.054.
64	64	Sec. 543.053. CHARACTER DEVELOPMENT OPPORTUNITIES. The
65	65	program must include character development opportunities designed
66	66	to promote and assist program participants in developing the
67	67	character qualities of:
68	68	(1) courage;
69	69	(2) trustworthiness, including honesty, reliability,
70	70	punctuality, and loyalty;
71	71	(3) integrity;
72	72	(4) respect and courtesy;
73	73	(5) responsibility, including accountability,
74	74	diligence, perseverance, and self-control;
75	75	(6) fairness, including justice and freedom from
76	76	prejudice;
77	77	(7) caring, including kindness, empathy, compassion,
78	78	consideration, patience, generosity, and charity;
79	79	(8) good citizenship, including patriotism, concern
80	80	for the common good and the community, and respect for authority and
81	81	the law;
82	82	(9) gratitude; and
83	83	(10) teamwork, good sportsmanship, and perseverance
84	84	learned through participation in competitive or professional
85	85	extracurricular activities.
86	86	Sec. 543.054. CAREER ADVANCEMENT ASSISTANCE. The program
87	87	must include opportunities designed to assist program participants
88	88	in general career advancement. The opportunities must include:
89	89	(1) training and information on where program
90	90	participants can obtain affordable and local access to career and
91	91	technical skills courses; and
92	92	(2) instruction or access to instruction on general
93	93	skills including:
94	94	(A) constructing a resume;
95	95	(B) interviewing for a job;
96	96	(C) managing finances;
97	97	(D) constructing and following a realistic and
98	98	consistent schedule;
99	99	(E) managing finances, work, family, and mental
100	100	health in times of personal, community, or global crisis;
101	101	(F) finding and obtaining higher education
102	102	financial aid opportunities; and
103	103	(G) skills learned through participation in
104	104	competitive extracurricular activities that could be used as a
105	105	career path for the program participant or could be used to obtain
106	106	higher education financial aid opportunities for the program
107	107	participant.
108	108	Sec. 543.055. ACCESS TO UNIVERSITY INTERSCHOLASTIC LEAGUE
109	109	ACTIVITIES. (a) In order to maximize access to character
110	110	development opportunities and career advancement assistance
111	111	described by Sections 543.053 and 543.054, the executive
112	112	commissioner, in collaboration with school districts and the
113	113	University Interscholastic League, shall facilitate access to
114	114	University Interscholastic League activities for all program
115	115	participants described by Sections 543.001(2)(A)-(E) and for as
116	116	many program participants described by Section 543.001(2)(F) as can
117	117	reasonably be accommodated. A school district and the University
118	118	Interscholastic League may not prohibit a program participant who
119	119	is otherwise eligible to participate in a league activity from
120	120	participating in the activity in substantially the same manner as a
121	121	student enrolled at a school in the school district.
122	122	(b) Except as provided by Subsection (g), a public school
123	123	that participates in an activity sponsored by the University
124	124	Interscholastic League shall provide a program participant
125	125	described by Section 543.001(2)(D) who otherwise meets league
126	126	eligibility standards to represent that school in a league activity
127	127	with the opportunity to participate in the activity on behalf of the
128	128	school in the same manner that the school provides the opportunity
129	129	to participate to students enrolled in the school.
130	130	(c) A program participant described by Section
131	131	543.001(2)(D) who seeks to participate or participates in a league
132	132	activity on behalf of a school is subject to the policies regarding
133	133	registration, age eligibility, fees, insurance, transportation,
134	134	physical condition, qualifications, responsibilities, event
135	135	schedules, standards of behavior, and performance that apply to
136	136	students enrolled in the school.
137	137	(d) The parent or person standing in parental relation to a
138	138	program participant described by Section 543.001(2)(D) is
139	139	responsible for oversight of academic standards relating to the
140	140	participant's participation in a league activity. As a condition
141	141	of eligibility to participate in a league activity during the first
142	142	six weeks of a school year, a program participant described by
143	143	Section 543.001(2)(D) must demonstrate grade-level academic
144	144	proficiency on any nationally recognized, norm-referenced
145	145	assessment instrument, such as the Iowa Test of Basic Skills,
146	146	Stanford Achievement Test, California Achievement Test, or
147	147	Comprehensive Test of Basic Skills. The program participant
148	148	demonstrates the required academic proficiency by achieving a
149	149	composite, core, or survey score that is within the average or
150	150	higher than average range of scores, as established by the
151	151	applicable testing service. For purposes of this subsection, a
152	152	school district shall accept assessment results administered or
153	153	reported by a third party.
154	154	(e) The demonstration of academic proficiency under
155	155	Subsection (d) of a program participant described by Section
156	156	543.001(2)(D) is sufficient for purposes of that subsection for the
157	157	school year in which the participant achieves the required score
158	158	and the subsequent school year.
159	159	(f) After the first six weeks of a school year, the parent or
160	160	person standing in parental relation to a program participant
161	161	described by Section 543.001(2)(D) participating in a league
162	162	activity on behalf of a public school must periodically, in
163	163	accordance with the school's grading calendar, provide written
164	164	verification to the school indicating that the participant is
165	165	receiving a passing grade in each course or subject being taught.
166	166	(g) A program participant described by Section
167	167	543.001(2)(D) is not authorized by this section to participate in a
168	168	league activity during the remainder of any school year during
169	169	which the participant was previously enrolled in a public school.
170	170	(h) The University Interscholastic League may not prohibit
171	171	a program participant described by Section 543.001(2)(D) from
172	172	participating in league activities in the manner authorized by this
173	173	section.
174	174	(i) With respect to the education program of a program
175	175	participant described by Section 543.001(2)(D), nothing in this
176	176	section shall be construed to permit an agency of this state, a
177	177	public school district, or any other governmental body to exercise
178	178	control, regulatory authority, or supervision over the participant
179	179	or a parent or person standing in parental relation to the
180	180	participant beyond the control, regulatory authority, or
181	181	supervision required to participate in a league activity.
182	182	(j) Subject only to eligibility requirements under this
183	183	section for a program participant described by Section
184	184	543.001(2)(D) to participate in a league activity:
185	185	(1) the curriculum or assessment requirements,
186	186	performance standards, practices, or creed of the education program
187	187	provided to a program participant described by Section
188	188	543.001(2)(D) may not be required to be changed in order for the
189	189	participant to participate in a league activity; and
190	190	(2) for a program participant described by Section
191	191	543.001(2)(D) participating in an education program on January 1,
192	192	2021, the education program provided to that participant may not be
193	193	required to comply with any state law or agency rule relating to
194	194	that education program unless the law or rule was in effect on
195	195	January 1, 2021.
196	196	Sec. 543.056. COUNSELING AND WELLNESS SERVICES. (a) The
197	197	executive commissioner shall develop partnerships with local and
198	198	online health care providers and counseling services providers to
199	199	provide voluntary counseling and health services to program
200	200	participants who are not otherwise eligible for those services
201	201	under Medicaid or the child health plan program.
202	202	(b) The services described by Subsection (a) must include:
203	203	(1) voluntary testing services made available to a
204	204	program participant's parent or managing conservator to screen the
205	205	participant for infection from common childhood diseases;
206	206	(2) general counseling services designed to help a
207	207	program participant process emotions brought on by unexpected and
208	208	destabilizing changes in the participant's family and community;
209	209	(3) services for the prevention and treatment of
210	210	intellectual disabilities; and
211	211	(4) services to treat physical injuries caused by
212	212	participation in organized extracurricular sports through the
213	213	University Interscholastic League.
214	214	SECTION 2. The executive commissioner of the Health and
215	215	Human Services Commission shall adopt the rules necessary to
216	216	establish the program under Chapter 543, Government Code, as added
217	217	by this Act, beginning in the 2021-2022 school year.
218	218	SECTION 3. This Act takes effect immediately if it receives
219	219	a vote of two-thirds of all the members elected to each house, as
220	220	provided by Section 39, Article III, Texas Constitution. If this
221	221	Act does not receive the vote necessary for immediate effect, this
222	222	Act takes effect September 1, 2021.