78R5044 SLO-D

By:  Howard                                                       H.B. No. 1070



A BILL TO BE ENTITLED

AN ACT

relating to a parent's refusal to authorize a school district 
employee to conduct  the psychological or psychiatric testing or 
treatment of a child; providing penalties.
	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 to permit a school employee to administer a 
psychotropic medication does not constitute neglect or abuse of a 
child as defined by Section 261.001, Family Code.
	(b)  An employee of a school district commits an offense if 
the employee uses or threatens 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 as a basis for making a report 
concerning abuse or neglect of a child under Section 261.103, 
Family Code.  An offense under this subsection is a Class A 
misdemeanor.
	(c)  Notwithstanding any other provision of law, a parent may 
bring an action against an employee of a school district who 
violates Subsection (b) for statutory damages in an amount of not 
less than $5,000 or more than $50,000 for each violation.  A 
plaintiff who prevails in an action under this subsection is 
entitled to receive court costs and reasonable and necessary 
attorney's fees.
	SECTION 2.  Section 22.051(b), Education Code, is amended to 
read as follows:
	(b)  This section does not apply to:                                    
		(1)  the operation, use, or maintenance of any motor 
vehicle; or
		(2)  a violation of Section 26.0091(b).                                
	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.