By Chisum                                              H.B. No. 397
       74R2411 KKA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to course materials and instruction in human sexuality.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter D, Chapter 21, Education Code, is
    1-5  amended by adding Section 21.104 to read as follows:
    1-6        Sec. 21.104.  HUMAN SEXUALITY INSTRUCTION.  (a)  Any course
    1-7  materials and instruction relating to human sexuality, sexually
    1-8  transmitted diseases, or human immunodeficiency virus or acquired
    1-9  immune deficiency syndrome shall be selected by the local school
   1-10  district and must:
   1-11              (1)  present abstinence from sexual activity as the
   1-12  preferred choice of behavior in relationship to all sexual activity
   1-13  for school-age unmarried persons;
   1-14              (2)  devote substantially more attention to abstinence
   1-15  from sexual activity than to any other behavior;
   1-16              (3)  emphasize that abstinence from sexual activity is
   1-17  the only  method that is 100 percent effective in preventing
   1-18  pregnancy, sexually transmitted diseases, infection with human
   1-19  immunodeficiency virus or acquired immune deficiency syndrome, and
   1-20  the emotional trauma associated with adolescent sexual activity;
   1-21              (4)  direct adolescents to a standard of behavior in
   1-22  which abstinence from sexual activity before marriage and fidelity
   1-23  in marriage is the expected standard in terms of public health and
   1-24  the most effective way to prevent pregnancy, sexually transmitted
    2-1  diseases, and infection with human immunodeficiency virus or
    2-2  acquired immune deficiency syndrome; and
    2-3              (5)  teach contraception and condom use in terms of
    2-4  human use reality rates instead of in theoretical laboratory rates.
    2-5        (b)  A school district may not:
    2-6              (1)  provide course materials or instruction relating
    2-7  to human sexuality at the elementary school level; or
    2-8              (2)  distribute condoms in connection with instruction
    2-9  relating to human sexuality.
   2-10        (c)  A school district that provides human sexuality
   2-11  instruction may separate students according to sex for
   2-12  instructional purposes so that each sex may receive information
   2-13  specifically appropriate for that sex.
   2-14        SECTION 2.  This Act applies beginning with the 1995-1996
   2-15  school year.
   2-16        SECTION 3.  The importance of this legislation and the
   2-17  crowded condition of the calendars in both houses create an
   2-18  emergency and an imperative public necessity that the
   2-19  constitutional rule requiring bills to be read on three several
   2-20  days in each house be suspended, and this rule is hereby suspended,
   2-21  and that this Act take effect and be in force from and after its
   2-22  passage, and it is so enacted.