By: Patterson, et al. (Senate Sponsor - Nelson) H.B. No. 1080
         (In the Senate - Received from the House May 5, 2021;
  May 6, 2021, read first time and referred to Committee on
  Education; May 14, 2021, reported favorably by the following vote:  
  Yeas 10, Nays 0; May 14, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the eligibility for participation in University
  Interscholastic League activities of certain public school
  students who receive outpatient mental health services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 33, Education Code, is
  amended by adding Section 33.0832 to read as follows:
         Sec. 33.0832.  PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC
  LEAGUE ACTIVITIES BY STUDENTS RECEIVING OUTPATIENT MENTAL HEALTH
  SERVICES. (a) This section applies to a student who:
               (1)  receives outpatient mental health services from a
  mental health facility, as defined by Section 571.003, Health and
  Safety Code; and
               (2)  is enrolled in a school district or
  open-enrollment charter school or otherwise receives public
  education services from a district or school.
         (b)  The University Interscholastic League shall ensure that
  league rules do not exclude from eligibility for participation in a
  league activity a student to whom this section applies based solely
  on the criteria described in Subsection (a)(1).
         (c)  A school district or open-enrollment charter school may
  not adopt or enforce policies that restrict participation in
  University Interscholastic League activities by a student to whom
  this section applies based solely on:
               (1)  the criteria described in Subsection (a)(1); or
               (2)  the student's absence during instructional time
  while receiving outpatient mental health services as described by
  Subsection (a)(1).
         (d)  This section does not exempt a student to whom this
  section applies from any eligibility requirement for participation
  in University Interscholastic League activities other than an
  eligibility requirement based solely on the criteria described in
  Subsection (a)(1).
         SECTION 2.  As soon as practicable after the effective date
  of this Act:
               (1)  the University Interscholastic League shall
  propose or amend rules as necessary to comply with Section 33.0832,
  Education Code, as added by this Act; and
               (2)  a school district or open-enrollment charter
  school shall propose or amend policies as necessary to comply with
  Section 33.0832, Education Code, as added by this Act.
         SECTION 3.  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 September 1, 2021.
 
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