Texas 2023 - 88th 3rd C.S.

Texas House Bill HB39 Latest Draft

Bill / Introduced Version Filed 10/06/2023

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                            88S30046 PRL-D
 By: Gervin-Hawkins H.B. No. 39


 A BILL TO BE ENTITLED
 AN ACT
 relating to the transfer for an athletic participation purpose of a
 student from the school district of the student's residence to
 another district.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 25.036, Education Code, is amended by
 adding Subsection (a-1) to read as follows:
 (a-1)  Any child, other than a high school graduate, who is
 younger than 19 years of age and eligible for enrollment in grades 9
 through 12 on September 1 of any school year may transfer not more
 than once for an athletic participation purpose from the child's
 school district of residence to another district in this state if
 both the receiving district and the applicant parent or person
 standing in parental relation to the applicant jointly approve and
 timely agree in writing to the transfer for an athletic
 participation purpose. The receiving district may not deny a
 transfer application under this subsection on the basis of a
 child's sex, race, national origin, ancestral language, or
 disability. A transfer under this subsection remains effective
 until the child graduates from the receiving district, unless the
 transfer student withdraws from the receiving district.
 SECTION 2.  Section 33.081, Education Code, is amended by
 adding Subsection (b-1) to read as follows:
 (b-1)  The University Interscholastic League may not
 penalize or sanction a student for transferring to a school
 district for an athletic participation purpose, or penalize or
 sanction the school district that receives the transferring
 student, if the transfer meets the requirements of Section
 25.036(a-1).
 SECTION 3.  This Act applies beginning with the 2024-2025
 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 on the 91st day after the last day of the
 legislative session.