78R10610 CAS-D


By:  Branch, Bohac, McClendon, Eissler,                           H.B. No. 793
 
    Kolkhorst, et al.                                                        

Substitute the following for H.B. No. 793:                                    

By:  Branch                                                   C.S.H.B. No. 793



A BILL TO BE ENTITLED

AN ACT

relating to pledges of allegiance to the United States and Texas 
flags and to observance of one minute of silence in public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Section 25.082, Education Code, 
is amended to read as follows:
	Sec. 25.082.  SCHOOL DAY; PLEDGES OF ALLEGIANCE; MINUTE OF 
SILENCE.   
	SECTION 2.  Section 25.082, Education Code, is amended by 
amending Subsection (b) and adding Subsections (c) and (d) to read 
as follows:
	(b)  The board of trustees of each school district shall 
require students, during each school day at each school in the 
district, to recite:
		(1)  the pledge of allegiance to the United States flag 
in accordance with 4 U.S.C. Section 4, and its subsequent 
amendments; and
		(2)  the pledge of allegiance to the state flag in 
accordance with Subchapter C, Chapter 3100, Government Code.
	(c)  On written request from a student's parent or guardian, 
a school district shall excuse the student from reciting a pledge of 
allegiance under Subsection (b).
	(d)  The board of trustees of each [A] school district shall
[may] provide for the observance of one minute [a period] of silence 
at each school in the district following the recitation of the 
pledges of allegiance to the United States and Texas flags under 
Subsection (b).  During the one-minute period, each student may, as 
the student chooses, [the beginning of the first class of each 
school day during which a student may] reflect, pray, [or] 
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 silent and does not 
act in a manner that is likely to interfere with or distract another 
student.
	SECTION 3.  This Act applies beginning with the 2003-2004 
school year.       
	SECTION 4.  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.