83S20094 MEW-F
 
  By: Dukes H.B. No. 48
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to health education curriculum and instruction in public
  schools to reduce the demand for abortion.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The legislature finds that:
               (1)  Texas led the nation in 2010 in the rate of teenage
  girls who had second children, according to the Centers for Disease
  Control and Prevention;
               (2)  approximately 22 percent of births in Texas and
  18.3 percent of births in the United States by girls age 15 to 19
  were repeat births in 2010, compared to 19.5 percent in the United
  States in 2007;
               (3)  an estimated 80 percent of teen births are
  unintended and cost American taxpayers approximately $11 billion a
  year and cost Texas taxpayers $1.2 billion in 2008, according to the
  National Campaign to Prevent Teen and Unplanned Pregnancy;
               (4)  the only certain way to avoid the termination of an
  unwanted pregnancy is to prevent the unwanted pregnancy;
               (5)  the state has a compelling state interest in
  ensuring that there is appropriate knowledge of how a pregnancy
  occurs and how a pregnancy can be avoided; and
               (6)  according to the Centers for Disease Control and
  Prevention, effective strategies to reduce teen pregnancy include
  evidence-based sex education that provides accurate information
  and supports the needs of teens throughout their development.
         SECTION 2.  Section 28.004, Education Code, is amended by
  amending Subsection (e) and adding Subsection (o) 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 evidence-based;
               (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.
         (o)  In this section, "evidence-based" means information
  verified or supported by research that is:
               (1)  conducted in compliance with accepted scientific
  methods;
               (2)  published in peer-reviewed journals, if
  appropriate;
               (3)  recognized as medically 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 and the United States Department
  of Health and Human Services; and
               (4)  proven through rigorous, scientific evaluation to
  achieve positive outcomes on measures of sexual risk behavior or
  its health consequences.
         SECTION 3.  This Act applies beginning with the 2013-2014
  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 on the 91st day after the last day of the
  legislative session.