SRC-MSY, TAG S.B. 83 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 83
78R1374 CAS-DBy: Wentworth
Education
1/30/2003
As Filed


DIGEST 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.  As proposed, S.B. 83 would require
Texas' public schools to set aside a minute each day for silent prayer,
meditation, or reflection. This bill repeals Section 25.082(b), Education
Code, which allows, but does not require, a school district to provide a
period of silence at the beginning of each school day for reflection or
meditation.      

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
any state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 25.901, Education Code, as follows:

Section 25.901.  New heading: EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY;
OBSERVANCE OF ONE MINUTE OF SILENCE.  (a)  Creates this subsection from
existing text and makes a conforming change relating to the addition of
Subsection (b). 

(b)  Requires the board of trustees of each school district to provide for
the observance of one minute of silence during each school day at each
school in the district.  Provides that during that one-minute period, each
student may, 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 seated and silent and does not act in a manner that is likely to
interfere with or distract another student.  

SECTION 2.   Repealer: Section 25.082(b), Education Code (regarding the
school day). 

SECTION 3.  Provides that this Act applies with the beginning of the
2003-2004 school year. 

SECTION 4.  Effective date: upon passage or September 1, 2003.