AN ACT
1-1 relating to parental consent for certain activities in public
1-2 schools.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 26.009, Education Code, is amended to
1-5 read as follows:
1-6 Sec. 26.009. Consent Required for Certain Activities.
1-7 (a) An employee of a school district must obtain the written
1-8 consent of a child's parent before the employee may:
1-9 (1) conduct a psychological examination, test, or
1-10 treatment, unless the examination, test, or treatment is required
1-11 under Section 38.004 or state or federal law regarding requirements
1-12 for special education; or
1-13 (2) make or authorize the making of a videotape of a
1-14 child or record or authorize the recording of a child's voice.
1-15 (b) An employee of a school district is not required to
1-16 obtain the consent of a child's parent before the employee may make
1-17 a videotape of a child or authorize the recording of a child's
1-18 voice if the videotape or voice recording is to be used only for:
1-19 (1) purposes of safety, including the maintenance of
1-20 order and discipline in common areas of the school or on school
1-21 buses;
1-22 (2) a purpose related to a cocurricular or
1-23 extracurricular activity; [or]
2-1 (3) a purpose related to regular classroom
2-2 instruction; or
2-3 (4) media coverage of the school.
2-4 SECTION 2. This Act applies beginning with the 1997-1998
2-5 school year.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 521 passed the Senate on
April 8, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 31, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 521 passed the House, with
amendment, on May 28, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor