| 1 | 1 | | 88S30046 PRL-D |
|---|
| 2 | 2 | | By: Gervin-Hawkins H.B. No. 39 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the transfer for an athletic participation purpose of a |
|---|
| 8 | 8 | | student from the school district of the student's residence to |
|---|
| 9 | 9 | | another district. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 25.036, Education Code, is amended by |
|---|
| 12 | 12 | | adding Subsection (a-1) to read as follows: |
|---|
| 13 | 13 | | (a-1) Any child, other than a high school graduate, who is |
|---|
| 14 | 14 | | younger than 19 years of age and eligible for enrollment in grades 9 |
|---|
| 15 | 15 | | through 12 on September 1 of any school year may transfer not more |
|---|
| 16 | 16 | | than once for an athletic participation purpose from the child's |
|---|
| 17 | 17 | | school district of residence to another district in this state if |
|---|
| 18 | 18 | | both the receiving district and the applicant parent or person |
|---|
| 19 | 19 | | standing in parental relation to the applicant jointly approve and |
|---|
| 20 | 20 | | timely agree in writing to the transfer for an athletic |
|---|
| 21 | 21 | | participation purpose. The receiving district may not deny a |
|---|
| 22 | 22 | | transfer application under this subsection on the basis of a |
|---|
| 23 | 23 | | child's sex, race, national origin, ancestral language, or |
|---|
| 24 | 24 | | disability. A transfer under this subsection remains effective |
|---|
| 25 | 25 | | until the child graduates from the receiving district, unless the |
|---|
| 26 | 26 | | transfer student withdraws from the receiving district. |
|---|
| 27 | 27 | | SECTION 2. Section 33.081, Education Code, is amended by |
|---|
| 28 | 28 | | adding Subsection (b-1) to read as follows: |
|---|
| 29 | 29 | | (b-1) The University Interscholastic League may not |
|---|
| 30 | 30 | | penalize or sanction a student for transferring to a school |
|---|
| 31 | 31 | | district for an athletic participation purpose, or penalize or |
|---|
| 32 | 32 | | sanction the school district that receives the transferring |
|---|
| 33 | 33 | | student, if the transfer meets the requirements of Section |
|---|
| 34 | 34 | | 25.036(a-1). |
|---|
| 35 | 35 | | SECTION 3. This Act applies beginning with the 2024-2025 |
|---|
| 36 | 36 | | school year. |
|---|
| 37 | 37 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 41 | 41 | | Act takes effect on the 91st day after the last day of the |
|---|
| 42 | 42 | | legislative session. |
|---|