81R6413 YDB/KKA-F
 
  By: Strama H.B. No. 1694
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the improvement of women's health by providing certain
  services and information related to unintended pregnancies and
  sexually transmitted diseases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  SHORT TITLE.  This Act may be cited as the Texas
  Prevention Works Act.
         SECTION 2.  OUTREACH.  Subchapter B, Chapter 531,
  Government Code, is amended by adding Section 531.095 to read as
  follows:
         Sec. 531.095.  IMPLEMENTATION OF MEASURES TO ACHIEVE
  CASELOAD AND COST-SAVINGS ESTIMATES. (a) To attain the state and
  federal cost-savings and reduced rates of unintended pregnancies
  estimated in the waiver application, or any renewal waiver
  application, submitted to the Centers for Medicare and Medicaid
  Services for implementation of the demonstration project
  authorized under Section 32.0248, Human Resources Code, the
  commission shall implement effective education, outreach, and
  other measures designed to increase participation in the
  demonstration project and through the increased participation
  achieve the caseload and cost-saving estimates stated in the waiver
  application.
         (b)  The commission, in complying with Subsection (a), may
  not take any action to decrease the level of programs and services
  designed to reduce the number of unintended pregnancies and lower
  the rates of sexually transmitted diseases to below the level of
  programs and services provided on September 1, 2009.
         SECTION 3.  EDUCATION.  Section 28.004, Education Code, is
  amended by amending Subsections (e) and (i) and adding Subsections
  (m) and (n) 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)  be medically accurate;
               (2)  present abstinence from sexual activity as the
  preferred choice of behavior in relationship to all sexual activity
  for unmarried persons of school age;
               (3) [(2)]  devote more attention to abstinence from
  sexual activity than to any other behavior;
               (4) [(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, infection with human immunodeficiency virus,
  [or] acquired immune deficiency syndrome, and the emotional trauma
  associated with adolescent sexual activity;
               (5) [(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, and
  [or] acquired immune deficiency syndrome; and
               (6) [(5)]  teach contraception and condom use in terms
  of human use reality rates instead of theoretical laboratory rates,
  if instruction on contraception and condoms is included in
  curriculum content.
         (i)  Before providing human sexuality instruction to
  students, a [A] school district shall provide written notice to
  [notify] a parent of each student enrolled in the district. The
  notice must include [of]:
               (1)  a summary of the basic content of the district's
  human sexuality instruction to be provided to the student, with a
  statement informing the parent that the instruction is required by
  state law to:
                     (A)  present abstinence from sexual activity as
  the preferred choice of behavior in relationship to all sexual
  activity for unmarried persons of school age; and
                     (B)  devote more attention to abstinence from
  sexual activity than to any other behavior; [and]
               (2)  a statement of whether the instruction is
  considered by the district to be abstinence-only instruction or
  comprehensive instruction, including an explanation of the
  difference between those types of instruction and a specific
  statement regarding whether the student will receive information on
  contraception and condom use;
               (3)  if the instruction will include information on
  contraception and condom use, a statement that state law requires
  the information to be taught in terms of human use reality rates;
               (4)  a statement of the parent's right to:
                     (A)  review curriculum materials under Subsection
  (j); and
                     (B)  remove the student from any part of the
  district's human sexuality instruction, without subjecting the
  student to any disciplinary action, academic penalty, or other
  sanction; and
               (5)  information describing the opportunities for
  parental involvement in the development of curriculum to be used in
  the instruction, including information regarding the council
  established under Subsection (a).
         (m)  The board procedure adopted under Section 26.011
  applies to a complaint filed regarding a right guaranteed by this
  section.
         (n)  In this section:
               (1)  "Abstinence-only instruction" means instruction
  that does not include information about preventing pregnancy,
  sexually transmitted diseases, infection with human
  immunodeficiency virus, or acquired immune deficiency syndrome
  through any means other than total abstinence from sexual activity.
               (2)  "Medically accurate" means information that is:
                     (A)  verified or supported by the weight of
  research conducted in compliance with accepted scientific methods;
                     (B)  published in peer-reviewed journals; and
                     (C)  recognized as accurate, objective, and
  complete by mainstream professional organizations and agencies
  with expertise in the relevant field, including the federal Centers
  for Disease Control and Prevention, the American College of
  Obstetricians and Gynecologists, the American Academy of
  Pediatrics, the American Public Health Association, the American
  Academy of Family Physicians, the Infectious Disease Society of
  America, and the American Psychological Association.
         SECTION 4.  WAIVER.  If before implementing any provision of
  this Act a state agency determines that a waiver or authorization
  from a federal agency is necessary for implementation of that
  provision, the agency affected by the provision shall request the
  waiver or authorization and may delay implementing that provision
  until the waiver or authorization is granted.
         SECTION 5.  EFFECTIVE DATE.  This Act takes effect September
  1, 2009.