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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 school |
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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, Education Code, is amended to |
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read as follows: |
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Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES. (a) |
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In this section: |
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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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(b) An employee or contractor of a school district must |
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obtain the written, signed consent of a child's parent for each |
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separate activity described by this subsection in which the child |
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will participate before the employee or contractor 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 with respect to the child, unless the examination, test, |
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or treatment is required under Section 38.004 or state or federal |
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law regarding requirements for special education; or |
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(2) subject to Subsection (c), 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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(c) [(b)] An employee or contractor of a school district is |
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not required to obtain the consent of a child's parent before the |
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employee or contractor may make a videotape of a child or authorize |
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the recording of a child's voice if the videotape or voice recording |
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is to be used only for: |
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(1) purposes of safety, including the maintenance of |
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order and discipline in common areas of the school or on school |
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buses; |
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(2) a purpose related to a cocurricular or |
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extracurricular activity; |
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(3) a purpose related to regular classroom |
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instruction; |
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(4) media coverage of the school; or |
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(5) a purpose related to the promotion of student |
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safety under Section 29.022. |
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(d) A school district shall retain every consent of a |
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child's parent obtained under this section as part of the child's |
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education records. |
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(e) Nothing in this section may be construed to: |
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(1) require an employee or contractor of a school |
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district to obtain the written consent of a child's parent before |
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verbally asking the child about the child's general well-being; |
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(2) affect a child's consent to counseling under |
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Section 32.004, Family Code; or |
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(3) affect the duty to report child abuse or neglect |
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under Chapter 261, Family Code, or an investigation of a report of |
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abuse or neglect under that chapter. |
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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. |