By Horn                                                H.B. No. 547
       74R1478 CAS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the consent required before certain psychiatric or
    1-3  psychological examination, testing, or treatment of public school
    1-4  students.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter Z, Chapter 21, Education Code, is
    1-7  amended by adding Section 21.940 to read as follows:
    1-8        Sec. 21.940.  CONSENT REQUIRED BEFORE CERTAIN PSYCHIATRIC OR
    1-9  PSYCHOLOGICAL EXAMINATIONS, TESTING, OR TREATMENT.  (a)  The board
   1-10  of trustees of a school district shall require the written consent
   1-11  of a student's parent or guardian, if the student is a child, or of
   1-12  the student, if the student is an adult, before a school district
   1-13  employee authorizes or administers any psychiatric or psychological
   1-14  examination, testing, or treatment of the student if the primary
   1-15  purpose is to reveal information concerning:
   1-16              (1)  a political affiliation of the student or a family
   1-17  member;
   1-18              (2)  a mental or psychological problem potentially
   1-19  embarrassing to the student or the student's family;
   1-20              (3)  sexual behavior or attitudes;
   1-21              (4)  illegal, antisocial, self-incriminating, or
   1-22  demeaning behavior;
   1-23              (5)  a critical appraisal of an individual with whom
   1-24  the student has a close family relationship;
    2-1              (6)  a legally recognized privileged or analogous
    2-2  relationship with another person, such as a relationship with a
    2-3  lawyer, minister, or physician; or
    2-4              (7)  family income, except as required by law to
    2-5  determine eligibility for participating in or receiving assistance
    2-6  under a financial assistance program.
    2-7        (b)  In this section, "child" and "adult" have the meanings
    2-8  assigned by Section 11.01, Family Code.
    2-9        SECTION 2.  This Act applies beginning with the 1995-1996
   2-10  school year.
   2-11        SECTION 3.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency and an imperative public necessity that the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended,
   2-16  and that this Act take effect and be in force from and after its
   2-17  passage, and it is so enacted.