SB401

Regular Session

Relating to participation by non-enrolled students in University Interscholastic League-sponsored activities.

CriticalImmediate action required

Low Cost

Effective:2025-09-01

Enforcing Agencies

University Interscholastic League (UIL) • Texas Education Agency (TEA) • Local School District Boards of Trustees

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025.
Compliance Deadline: Spring 2025 (Estimated). While the law is effective in September, Boards must adopt non-participation policies *prior* to the deadline established by UIL rules to control eligibility for the 2025-2026 year.
Agency Rulemaking: The University Interscholastic League (UIL) is required to establish the specific calendar deadline for Board decisions. Districts must monitor UIL communiqués in Q1 2025 for this cutoff date.

Immediate Action Plan

1. Draft the Resolution: Legal counsel should draft a "Non-Participation" Board Resolution immediately, regardless of current Board intent, to ensure agility if the political will shifts.
2. Agenda the Vote: Place the decision on the Board Agenda for early Spring 2025 to ensure compliance before the yet-to-be-announced UIL deadline.
3. Update Code of Conduct: Revise the Student Code of Conduct to explicitly state that non-enrolled students are subject to district disciplinary rules during all UIL activities and travel.
4. Map the District: Identify neighboring districts. If a neighbor is likely to Opt-Out and you Opt-In, prepare for the cross-jurisdictional influx.

Operational Changes Required

Contracts

Insurance Policies: Existing catastrophic accident and general liability policies must be reviewed immediately. Confirm with your risk management pool (e.g., TASB) that coverage extends to "non-enrolled participants."
Liability Waivers: Update standard athletic participation forms to include specific indemnification language relevant to non-enrolled students who are not subject to daily campus supervision.

Hiring/Training

Admissions & Registrar Staff: Must be trained on the "Closest School" provision. Staff must utilize mapping software to verify that a non-resident applicant is geographically closer to your campus than any other opt-in campus if their home district has opted out.
Coaching Staff: Must establish a workflow for collecting and verifying grades from homeschool parents at the end of each grading period to enforce "No Pass, No Play" statutes, as these students will not appear in the automated Student Information System (SIS) eligibility reports.

Reporting & Record-Keeping

Board Resolution: To decline participation, the Board must adopt a formal resolution/policy modification. This must be recorded in the minutes and effectively communicated to the UIL.
Residency Verification: Create a distinct audit file for non-enrolled students containing standard residency proofs (Section 25.001 standards) to prevent recruiting violations.

Fees & Costs

Administrative Burden: No direct fiscal impact to the state, but districts will absorb administrative costs regarding eligibility verification and grade tracking.
Fee Parity: You may charge non-enrolled students the same participation fees (e.g., "Pay to Play") charged to enrolled students, but you may not charge *higher* fees to discourage participation.

Strategic Ambiguities & Considerations

"Closest School" Metric: The statute allows students from "Opt-Out" districts to play at the "closest school" that allows participation. The text does not define if "closest" is measured by linear radius (as the crow flies) or driving distance. Until UIL clarifies, this creates potential disputes in rural areas.
The "Opt-Out" Deadline: The statute delegates the deadline setting to UIL. If UIL sets an aggressive deadline (e.g., March 1), Boards that meet monthly may miss the window to decline participation if they do not agenda the item immediately.

Need Help Understanding Implementation?

Our government affairs experts can walk you through this bill's specific impact on your operations.

Schedule Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

Legislative Timeline

This bill's path through the Texas Legislature

TopicsEducation Education--primary & Secondary University Interscholastic League Education--primary & Secondary--admission & Attendance Education--primary & Secondary--extracurricular Activities Education--school Districts

Official Analysis

View HRO Analysis View All Bill Documents

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 2025�2026 school year.

SECTION 3. Effective date: upon passage or September 1, 2025.

Senate Authors

Sen. Angela PaxtonRepublican · Primary Author

Coauthors (2)

House Sponsors

Rep. James FrankRepublican · Primary Sponsor

Joint Sponsors

Terri Leo-Wilson (R)

Bill Text(with markup)

S.B. No. 401

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to participation by non-enrolled students in University
	Interscholastic League-sponsored activities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 33.0832, Education Code, is amended by
	amending Subsections (c) and (e) and adding Subsections (c-2) and
	(e-1) to read as follows:
	(c) Except as provided by Subsections (c-2) and
	[~~Subsection~~] (i), a public school that participates in an activity
	sponsored by the league shall [~~may~~] 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-2) Not later than the date specified under league rule,
	the board of trustees of a school district or the governing body of
	an open-enrollment charter school may adopt a policy declining to
	grant non-enrolled students the opportunity to participate in
	league activities.
	(e) Except as provided by Subsection (e-1), a [A]
	non-enrolled student may only participate in a league activity for
	the school in the school district that the student would be eligible
	to attend based on the student's residential address. A
	non-enrolled student who seeks to participate in a league activity
	on behalf of a school shall be required to establish minimum proof
	of residency acceptable to the district in the same manner as an
	applicant to attend a school in the district under Section 25.001.
	(e-1) If the school that a non-enrolled student would be
	eligible to attend under Subsection (e) is subject to a policy
	adopted under Subsection (c-2), the student may participate in a
	league activity for the closest school, based on geographic
	proximity to the student's residential address, that is not subject
	to a policy adopted under Subsection (c-2).
	SECTION 2. This Act applies beginning with the 2025-2026
	school year.
	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, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 14, 2025

TO:	Honorable Brandon Creighton, Chair, Senate Committee on Education K-16

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB401 by Paxton (Relating to the participation by non-enrolled students in University Interscholastic League-sponsored activities.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

701 Texas Education Agency, 720 The University of Texas System Administration

LBB Staff:

JMc, NC, SL, ANa

Related Legislation

Explore more bills from this author and on related topics

Frequently Asked Questions

Common questions about SB401

What does Texas SB401 do?

SB401 fundamentally reverses the legal default for homeschool student participation in UIL activities from "Opt-In" to "Opt-Out" beginning with the 2025-2026 school year. School Boards must now take affirmative legislative action to decline participation; failure to vote on a specific non-participation policy results in mandatory inclusion of non-enrolled students and potential intake of students from neighboring districts. Implementation Timeline Effective Date: September 1, 2025.

Who authored SB401?

SB401 was authored by Texas Senator Angela Paxton during the Regular Session.

When was SB401 signed into law?

SB401 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB401?

SB401 is enforced by University Interscholastic League (UIL), Texas Education Agency (TEA) and Local School District Boards of Trustees.

How urgent is compliance with SB401?

The compliance urgency for SB401 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB401?

The cost impact of SB401 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB401 address?

SB401 addresses topics including education, education--primary & secondary, university interscholastic league, education--primary & secondary--admission & attendance and education--primary & secondary--extracurricular activities.

Legislative data provided by LegiScanLast updated: November 25, 2025

Need Strategic Guidance on This Bill?

Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.