BILL ANALYSIS Senate Research Center S.B. 401 By: Paxton Education K-16 4/14/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT H.B. 547, passed by the 87th Legislature, enabled public school districts to extend the option of University Interscholastic League (UIL) participation to homeschool students who live within the district's borders. S.B. 401 simplifies the process of accessing UIL for homeschool families by allowing local school districts to choose to opt-out of permitting homeschool students to participate in their UIL activities, rather than the burden being on parents to convince their local school board to opt-in. Whether or not to allow homeschool students to participate in UIL activities still remains optional for school districts. If the school districts decline to allow homeschool students to participate in UIL activities, S.B. 401 also provides another option for the homeschool students residing within the borders of those school districts by authorizing homeschool students who reside within the borders of a school district that has declined to permit homeschool students to participate in UIL activities to instead participate through the closest school district that allows homeschool student UIL participation. As proposed, S.B. 401 amends current law relating to the participation by non-enrolled students in University Interscholastic League-sponsored activities. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 33.0832, Education Code, as follows: Sec. 33.0832. EQUAL OPPORTUNITY FOR CERTAIN STUDENTS TO PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. (a) Redefines "non-enrolled." (b) Makes no changes to this subsection. (c) Requires, rather than authorizes, a public school that participates in an activity sponsored by the University Interscholastic League (league), except as provided by Subsections (c-2) and (i), to provide a non-enrolled student, who otherwise meets league eligibility standards to represent that school in a league activity, with the opportunity to participate in the activity on behalf of the school in the same manner that the school provides the opportunity to participate to students enrolled in the school. (c-1) Makes no changes to this subsection. (c-2) Authorizes a board of trustees of a school district to decline to grant non-enrolled students access to league activities at a campus of the district or school by taking a record vote that receives the support of a majority of the trustees. (d) Makes no changes to this subsection. (e) Creates an exception under Subsection (e-1). (e-1) Authorizes a non-enrolled student eligible to attend a school based on their residential address, if that school has declined to grant non-enrolled students access to league activities as described in Subsection (c-2), to participate in a league activity for the public school closest to their residential address that has not declined to grant non-enrolled students access to league activities as described by Subsection (c-2). (f)-(m) Makes no changes to these subsections. SECTION 2. Provides that this Act applies beginning with the 20252026 school year. SECTION 3. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 401
By: Paxton
Education K-16
4/14/2025
As Filed
Senate Research Center
S.B. 401
By: Paxton
Education K-16
4/14/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
H.B. 547, passed by the 87th Legislature, enabled public school districts to extend the option of University Interscholastic League (UIL) participation to homeschool students who live within the district's borders.
S.B. 401 simplifies the process of accessing UIL for homeschool families by allowing local school districts to choose to opt-out of permitting homeschool students to participate in their UIL activities, rather than the burden being on parents to convince their local school board to opt-in. Whether or not to allow homeschool students to participate in UIL activities still remains optional for school districts.
If the school districts decline to allow homeschool students to participate in UIL activities, S.B. 401 also provides another option for the homeschool students residing within the borders of those school districts by authorizing homeschool students who reside within the borders of a school district that has declined to permit homeschool students to participate in UIL activities to instead participate through the closest school district that allows homeschool student UIL participation.
As proposed, S.B. 401 amends current law relating to the participation by non-enrolled students in University Interscholastic League-sponsored activities.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 33.0832, Education Code, as follows:
Sec. 33.0832. EQUAL OPPORTUNITY FOR CERTAIN STUDENTS TO PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. (a) Redefines "non-enrolled."
(b) Makes no changes to this subsection.
(c) Requires, rather than authorizes, a public school that participates in an activity sponsored by the University Interscholastic League (league), except as provided by Subsections (c-2) and (i), to provide a non-enrolled student, who otherwise meets league eligibility standards to represent that school in a league activity, with the opportunity to participate in the activity on behalf of the school in the same manner that the school provides the opportunity to participate to students enrolled in the school.
(c-1) Makes no changes to this subsection.
(c-2) Authorizes a board of trustees of a school district to decline to grant non-enrolled students access to league activities at a campus of the district or school by taking a record vote that receives the support of a majority of the trustees.
(d) Makes no changes to this subsection.
(e) Creates an exception under Subsection (e-1).
(e-1) Authorizes a non-enrolled student eligible to attend a school based on their residential address, if that school has declined to grant non-enrolled students access to league activities as described in Subsection (c-2), to participate in a league activity for the public school closest to their residential address that has not declined to grant non-enrolled students access to league activities as described by Subsection (c-2).
(f)-(m) Makes no changes to these subsections.
SECTION 2. Provides that this Act applies beginning with the 20252026 school year.
SECTION 3. Effective date: upon passage or September 1, 2025.