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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 behavioral or mental |
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health treatment by school district personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.009(a), Education Code, is amended to |
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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 before the employee may: |
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(1) conduct a psychological examination, test, or |
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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) make or authorize the making of a videotape of a |
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child or record or authorize the recording of a child's voice; or |
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(3) provide a child with behavioral or mental health |
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services or treatment, including: |
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(A) contraceptives, including emergency |
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contraceptives; and |
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(B) informational materials on: |
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(i) family planning; |
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(ii) human sexuality; or |
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(iii) mental health. |
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SECTION 2. This Act applies beginning with the 2025-2026 |
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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, 2025. |