This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                

79R7413 KKA-F

By:  Castro                                                       H.B. No. 3134



A BILL TO BE ENTITLED

AN ACT

relating to health education curriculum and instruction in public 
schools.  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 28.004(e), Education Code, is amended to 
read as follows:
	(e)  Any course materials and instruction relating to human 
sexuality, sexually transmitted diseases, or human 
immunodeficiency virus or acquired immune deficiency syndrome 
shall be selected by the board of trustees with the advice of the 
local school health advisory council and must:
		(1)  provide a clear understanding of abstinence from 
sexual activity and engaging in sexual activity;
		(2)  include strategies to promote effective 
communication between adolescents and their parents and family 
members about human sexuality;
		(3)  present abstinence from sexual activity as the 
preferred choice of behavior in relationship to all sexual activity 
for unmarried persons of school age;
		(4) [(2)]  devote more attention to abstinence from 
sexual activity than to any other behavior;
		(5)  for circumstances in which a student is unable to 
abstain from sexual activity, analyze the benefits of a healthy and 
monogamous sexual relationship and provide detailed information 
about local agencies that provide relationship support and 
counseling;
		(6) [(3)]  emphasize that abstinence from sexual 
activity, if used consistently and correctly, is the only method 
that is 100 percent effective in preventing pregnancy, sexually 
transmitted diseases, and infection with human immunodeficiency 
virus or acquired immune deficiency syndrome, and is the preferred 
method to prevent any [the] emotional trauma that may be associated 
with adolescent sexual activity;
		(7) [(4)]  direct adolescents to a standard of behavior 
in which abstinence from sexual activity before marriage is the 
most effective way to prevent pregnancy, sexually transmitted 
diseases, and infection with human immunodeficiency virus or 
acquired immune deficiency syndrome;
		(8)  for circumstances in which a student is unable to 
abstain from sexual activity, provide detailed information on 
testing for and preventing transmission of sexually transmitted 
diseases; [and]
		(9) [(5)]  teach contraception and condom use in a 
medically accurate manner that addresses the health benefits of 
contraception and condom use and the [terms of] human use reality 
rates instead of theoretical laboratory rates, if instruction on 
contraception and condoms is included in curriculum content;
		(10)  address the legal rights of victims of sexual 
assault, including sexual abuse, and identify local agencies that 
assist victims of sexual assault or that work to prevent sexual 
assault;
		(11)  address the economic and emotional requirements 
of fatherhood; and
		(12)  describe local services available to students who 
are unable to abstain from sexual activity, including services for 
adolescents who are pregnant or need postnatal medical care, child 
care, or educational services.
	SECTION 2.  A school district that uses textbooks or other 
course materials that do not reflect the requirements prescribed by 
Section 28.004(e), Education Code, as amended by this Act, shall 
also use appropriate supplemental instructional materials as 
necessary to comply with those requirements.
	SECTION 3.  This Act applies beginning with the 2005-2006 
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, 2005.