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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring parental consent for psychological or |
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psychiatric examination, testing, or treatment conducted by a |
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school district employee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.009, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), |
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and (c) to read as follows: |
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(a) An employee of a school district must obtain the written |
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consent of a child's parent in the manner required by Subsection |
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(a-2) before the employee may: |
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(1) conduct a psychological or psychiatric |
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examination or[,] test[,] or psychological or psychiatric |
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treatment, unless the examination, test, or treatment is required |
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under Section 38.004 or state or federal law regarding requirements |
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for special education; or |
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(2) subject to Subsection (b), make or authorize the |
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making of a videotape of a child or record or authorize the |
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recording of a child's voice. |
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(a-1) For purposes of Subsection (a): |
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(1) "Psychological or psychiatric examination or |
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test" means a method designed to elicit information regarding an |
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attitude, habit, trait, opinion, belief, feeling, or mental |
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disorder or a condition thought to lead to a mental disorder, |
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regardless of the manner in which the method is presented or |
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characterized, including a method that is presented or |
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characterized as a survey, check-in, or screening or is embedded in |
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an academic lesson. |
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(2) "Psychological or psychiatric treatment" means |
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the planned, systematic use of a method or technique that is |
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designed to affect behavioral, emotional, or attitudinal |
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characteristics of an individual or group. |
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(a-2) Written consent for a parent's child to participate in |
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a district activity described by Subsection (a) must be obtained |
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for each separate activity in which the child participates, and |
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each written consent must be signed by the parent and returned to |
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the district. A child may not participate in the activity unless |
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the district receives the parent's signed written consent to that |
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activity. |
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(a-3) Subsection (a) does not require an employee of a |
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school district to obtain the written consent of a child's parent |
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before verbally asking the child about the child's general |
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well-being, and for purposes of Subsections (a) and (a-1)(1), the |
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term "check-in" does not include such an inquiry. |
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(c) Nothing in this section may be construed to affect: |
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(1) a child's consent to counseling under Section |
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32.004, Family Code; or |
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(2) the duty to report child abuse or neglect under |
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Chapter 261, Family Code, or an investigation of a report of abuse |
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or neglect under that chapter. |
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SECTION 2. This Act applies beginning with the 2023-2024 |
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school year. |
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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, 2023. |