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AN ACT
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relating to the eligibility for participation in University |
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Interscholastic League activities of certain public school |
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students who receive outpatient mental health services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 33, Education Code, is |
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amended by adding Section 33.0832 to read as follows: |
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Sec. 33.0832. PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC |
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LEAGUE ACTIVITIES BY STUDENTS RECEIVING OUTPATIENT MENTAL HEALTH |
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SERVICES. (a) This section applies to a student who: |
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(1) receives outpatient mental health services from a |
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mental health facility, as defined by Section 571.003, Health and |
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Safety Code; and |
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(2) is enrolled in a school district or |
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open-enrollment charter school or otherwise receives public |
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education services from a district or school. |
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(b) The University Interscholastic League shall ensure that |
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league rules do not exclude from eligibility for participation in a |
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league activity a student to whom this section applies based solely |
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on the criteria described in Subsection (a)(1). |
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(c) A school district or open-enrollment charter school may |
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not adopt or enforce policies that restrict participation in |
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University Interscholastic League activities by a student to whom |
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this section applies based solely on: |
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(1) the criteria described in Subsection (a)(1); or |
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(2) the student's absence during instructional time |
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while receiving outpatient mental health services as described by |
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Subsection (a)(1). |
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(d) This section does not exempt a student to whom this |
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section applies from any eligibility requirement for participation |
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in University Interscholastic League activities other than an |
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eligibility requirement based solely on the criteria described in |
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Subsection (a)(1). |
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SECTION 2. As soon as practicable after the effective date |
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of this Act: |
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(1) the University Interscholastic League shall |
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propose or amend rules as necessary to comply with Section 33.0832, |
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Education Code, as added by this Act; and |
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(2) a school district or open-enrollment charter |
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school shall propose or amend policies as necessary to comply with |
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Section 33.0832, Education Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1080 was passed by the House on May 5, |
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2021, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1080 was passed by the Senate on May |
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19, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |