78R2180 BDH-D

By:  Bohac                                                        H.B. No. 640



A BILL TO BE ENTITLED

AN ACT

relating to certain requirements at the beginning of each school 
day in public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 25.901, Education Code, is amended to 
read as follows:   
	Sec. 25.901.  EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY; 
OBSERVANCE OF ONE MINUTE OF SILENCE.  (a)  A public school student 
has an absolute right to individually, voluntarily, and silently 
pray or meditate in school in a manner that does not disrupt the 
instructional or other activities of the school.  Except as 
provided by Subsection (b), a [A] person may not require, 
encourage, or coerce a student to engage in or refrain from such 
prayer or meditation during any school activity.
	(b)  The board of trustees of each school district shall 
provide for the observance of one minute of silence at the beginning 
of each school day at each school in the district.  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.  
Each teacher or other school employee in charge of students during 
that period shall 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.  Subchapter Z, Chapter 25, Education Code, is 
amended by adding Section 25.902 to read as follows:
	Sec. 25.902.  RECITATION OF PLEDGE OF ALLEGIANCE. (a)  A 
school district shall require students to recite the pledge of 
allegiance to the United States flag following the observation of 
one minute of silence under Section 25.901(b).
	(b)  On written request from a student's parent or guardian, 
a school district shall excuse the student from reciting the pledge 
of allegiance.
	SECTION 3.  Section 25.082(b), Education Code, is repealed.                    
	SECTION 4.  This Act applies beginning with the 2003-2004 
school year.       
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.