78R13537 SLO-D


By:  Howard                                                       H.B. No. 1070

Substitute the following for H.B. No. 1070:                                   

By:  Eissler                                                  C.S.H.B. No. 1070



A BILL TO BE ENTITLED

AN ACT

relating to a parent's refusal to authorize the psychological or 
psychiatric testing or treatment of a child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 26, Education Code, is amended by adding 
Section 26.0091 to read as follows:
	Sec. 26.0091.  REFUSAL OF PSYCHOLOGICAL OR PSYCHIATRIC 
TESTING OR TREATMENT.  (a)  A parent's refusal to provide written 
consent for an employee of a school district to conduct a 
psychological examination, test, or treatment under Section 
26.009(a) or a parent's refusal to administer or consent to the 
administration of a psychotropic medication to the child outside of 
school does not constitute neglect or abuse of a child as defined by 
Section 261.001, Family Code.
	(b)  An employee of a school district may not use or threaten 
to use a parent's refusal to provide written consent for a 
psychological examination, test, or treatment under Section 
26.009(a) or to permit a school employee to administer a 
psychotropic medication to the parent's child as a basis for making 
a report concerning abuse or neglect of a child under Section 
261.103, Family Code.
	SECTION 2.  This Act applies beginning with the 2003-2004 
school year.       
	SECTION 3.  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.