S.B. 83 78(R)    BILL ANALYSIS


S.B. 83
By: Wentworth
Public Education
Committee Report (Unamended)


BACKGROUND AND PURPOSE 

Under current law, a school district may provide for a period of silence
at the beginning of the first class of each school day, during which a
student may reflect or meditate. Senate Bill 83 requires Texas' public
schools to set aside a minute each day for silent prayer, meditation, or
reflection following the recitation of the pledges of allegiance to the
United States and Texas flags.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department,
institution, or agency.  


ANALYSIS

Amends the heading to Section 25.082, Education Code, as follows:

Sec.  25.082.  SCHOOL DAY; PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE

Amends Section 25.082, Education Code, by amending Subsection (b) and
adding Subsections (c) and (d), as follows: 

(b)  Requires the board of trustees of each school district to require
students to recite the pledges of allegiance to the United States and
Texas flags in accordance with certain law during each school day at each
school in the district. 

(c)  Requires a school district to excuse a student from reciting a pledge
of allegiance under on written request from the student's parent or
guardian. 

(d)  Requires the board of trustees of each school district to provide for
the observance of one minute of silence at each school in the district
following the recitation of the pledges of allegiance to the United States
and Texas flags. Authorizes each student to, as the student chooses,
reflect, pray, meditate, or engage in any other silent activity that is
not likely to interfere with or distract another student.  Requires each
teacher or other school employee in charge of students during that period
to ensure that each of those students remains silent and does not act in a
manner that is likely to interfere with or distract another student. 

This Act applies with the beginning of the 2003-2004 school year.


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.