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A BILL TO BE ENTITLED
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AN ACT
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relating to the improvement of women's health by providing certain |
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services and information related to unintended pregnancies and |
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sexually transmitted diseases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. SHORT TITLE. This Act may be cited as the Texas |
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Prevention Works Act. |
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SECTION 2. OUTREACH. Subchapter B, Chapter 531, |
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Government Code, is amended by adding Section 531.095 to read as |
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follows: |
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Sec. 531.095. IMPLEMENTATION OF MEASURES TO ACHIEVE |
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CASELOAD AND COST-SAVINGS ESTIMATES. (a) To attain the state and |
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federal cost-savings and reduced rates of unintended pregnancies |
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estimated in the waiver application, or any renewal waiver |
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application, submitted to the Centers for Medicare and Medicaid |
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Services for implementation of the demonstration project |
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authorized under Section 32.0248, Human Resources Code, the |
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commission shall implement effective education, outreach, and |
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other measures designed to increase participation in the |
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demonstration project and through the increased participation |
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achieve the caseload and cost-saving estimates stated in the waiver |
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application. |
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(b) The commission, in complying with Subsection (a), may |
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not take any action to decrease the level of programs and services |
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designed to reduce the number of unintended pregnancies and lower |
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the rates of sexually transmitted diseases to below the level of |
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programs and services provided on September 1, 2009. |
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SECTION 3. EDUCATION. Section 28.004, Education Code, is |
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amended by amending Subsections (e) and (i) and adding Subsections |
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(m) and (n) to read as follows: |
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(e) Any course materials and instruction relating to human |
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sexuality, sexually transmitted diseases, or human |
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immunodeficiency virus or acquired immune deficiency syndrome |
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shall be selected by the board of trustees with the advice of the |
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local school health advisory council and must: |
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(1) be medically accurate; |
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(2) present abstinence from sexual activity as the |
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preferred choice of behavior in relationship to all sexual activity |
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for unmarried persons of school age; |
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(3) [(2)] devote more attention to abstinence from |
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sexual activity than to any other behavior; |
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(4) [(3)] emphasize that abstinence from sexual |
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activity, if used consistently and correctly, is the only method |
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that is 100 percent effective in preventing pregnancy, sexually |
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transmitted diseases, infection with human immunodeficiency virus, |
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[or] acquired immune deficiency syndrome, and the emotional trauma |
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associated with adolescent sexual activity; |
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(5) [(4)] direct adolescents to a standard of behavior |
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in which abstinence from sexual activity before marriage is the |
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most effective way to prevent pregnancy, sexually transmitted |
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diseases, [and] infection with human immunodeficiency virus, and |
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[or] acquired immune deficiency syndrome; and |
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(6) [(5)] teach contraception and condom use in terms |
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of human use reality rates instead of theoretical laboratory rates, |
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if instruction on contraception and condoms is included in |
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curriculum content. |
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(i) Before providing human sexuality instruction to |
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students, a [A] school district shall provide written notice to |
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[notify] a parent of each student enrolled in the district. The |
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notice must include [of]: |
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(1) a summary of the basic content of the district's |
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human sexuality instruction to be provided to the student, with a |
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statement informing the parent that the instruction is required by |
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state law to: |
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(A) present abstinence from sexual activity as |
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the preferred choice of behavior in relationship to all sexual |
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activity for unmarried persons of school age; and |
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(B) devote more attention to abstinence from |
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sexual activity than to any other behavior; [and] |
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(2) a statement of whether the instruction is |
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considered by the district to be abstinence-only instruction or |
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comprehensive instruction, including an explanation of the |
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difference between those types of instruction and a specific |
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statement regarding whether the student will receive information on |
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contraception and condom use; |
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(3) if the instruction will include information on |
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contraception and condom use, a statement that state law requires |
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the information to be taught in terms of human use reality rates; |
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(4) a statement of the parent's right to: |
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(A) review curriculum materials under Subsection |
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(j); and |
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(B) remove the student from any part of the |
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district's human sexuality instruction, without subjecting the |
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student to any disciplinary action, academic penalty, or other |
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sanction; and |
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(5) information describing the opportunities for |
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parental involvement in the development of curriculum to be used in |
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the instruction, including information regarding the council |
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established under Subsection (a). |
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(m) The board procedure adopted under Section 26.011 |
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applies to a complaint filed regarding a right guaranteed by this |
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section. |
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(n) In this section: |
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(1) "Abstinence-only instruction" means instruction |
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that does not include information about preventing pregnancy, |
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sexually transmitted diseases, infection with human |
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immunodeficiency virus, or acquired immune deficiency syndrome |
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through any means other than total abstinence from sexual activity. |
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(2) "Medically accurate" means information that is: |
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(A) verified or supported by the weight of |
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research conducted in compliance with accepted scientific methods; |
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(B) published in peer-reviewed journals; and |
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(C) recognized as accurate, objective, and |
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complete by mainstream professional organizations and agencies |
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with expertise in the relevant field, including the federal Centers |
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for Disease Control and Prevention, the American College of |
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Obstetricians and Gynecologists, the American Academy of |
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Pediatrics, the American Public Health Association, the American |
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Academy of Family Physicians, the Infectious Disease Society of |
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America, and the American Psychological Association. |
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SECTION 4. WAIVER. If before implementing any provision of |
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this Act a state agency determines that a waiver or authorization |
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from a federal agency is necessary for implementation of that |
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provision, the agency affected by the provision shall request the |
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waiver or authorization and may delay implementing that provision |
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until the waiver or authorization is granted. |
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SECTION 5. EFFECTIVE DATE. This Act takes effect September |
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1, 2009. |