87R1858 GCB-D

By: Patterson H.B. No. 319

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility for participation in University Interscholastic League activities of public school students who reside in an inpatient mental health facility.

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 IN INPATIENT MENTAL HEALTH FACILITIES. (a) In this section, "inpatient mental health facility" has the meaning assigned by Section 571.003, Health and Safety Code.

(b) The University Interscholastic League shall ensure that league rules do not exclude from eligibility for participation in a league activity a student who resides in an inpatient mental health facility and receives public education under an agreement with a school district or open-enrollment charter school under Section 29.012.

(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 who resides in an inpatient mental health facility and receives education services from the district or school under an agreement under Section 29.012.

(d) The commissioner shall adopt rules ensuring that a student who resides in an inpatient mental health facility has reasonable opportunities to participate in University Interscholastic League activities.

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;

(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; and

(3) the commissioner of education shall approve any rules proposed under Section 33.0832(b), Education Code, as added by this Act, and adopt all necessary rules under Subsection (d) of that section.

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.