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AN ACT
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relating to the recitation of the pledges of allegiance to and |
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display of the United States and state flags at and the observation |
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of a moment of silence at open-enrollment charter schools and other |
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public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.082, Education Code, is amended by |
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amending Subsections (b), (c), and (d) and adding Subsection (b-1) |
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to read as follows: |
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(b) The board of trustees of each school district and the |
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governing board of each open-enrollment charter school shall |
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require students, once during each school day at each campus |
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[school in the district], to recite: |
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(1) the pledge of allegiance to the United States flag |
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in accordance with 4 U.S.C. Section 4[, and its subsequent
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amendments]; and |
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(2) the pledge of allegiance to the state flag in |
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accordance with Subchapter C, Chapter 3100, Government Code. |
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(b-1) The board of trustees of each school district and the |
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governing board of each open-enrollment charter school shall |
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require that the United States and Texas flags be prominently |
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displayed in accordance with 4 U.S.C. Sections 5-10 and Chapter |
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3100, Government Code, in each campus classroom to which a student |
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is assigned at the time the pledges of allegiance to those flags are |
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recited. A district or school is not required to spend federal, |
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state, or local district or school funds to acquire flags required |
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under this subsection. A district or school may raise money or |
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accept gifts, grants, and donations to acquire flags required under |
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this subsection. |
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(c) On written request from a student's parent or guardian, |
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a school district or open-enrollment charter school shall excuse |
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the student from reciting a pledge of allegiance under Subsection |
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(b). |
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(d) The board of trustees of each school district and the |
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governing board of each open-enrollment charter school shall |
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provide for the observance of one minute of silence at each campus |
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[school in the district] following the recitation of the pledges of |
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allegiance to the United States and Texas flags under Subsection |
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(b). During the one-minute period, each student may, as the student |
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chooses, reflect, pray, meditate, or engage in any other silent |
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activity that is not likely to interfere with or distract another |
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student. Each teacher or other school employee in charge of |
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students during that period shall ensure that each of those |
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students remains silent and does not act in a manner that is likely |
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to interfere with or distract another student. |
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SECTION 2. (a) Sections 25.082(b), (c), and (d), Education |
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Code, as amended by this Act, apply beginning with the 2013-2014 |
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school year. |
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(b) Section 25.082(b-1), Education Code, as added by this |
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Act, applies beginning with the 2016-2017 school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 773 was passed by the House on April |
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26, 2013, by the following vote: Yeas 139, Nays 1, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 773 on May 20, 2013, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 773 on May 26, 2013, by the following vote: Yeas 140, |
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Nays 2, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 773 was passed by the Senate, with |
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amendments, on May 16, 2013, by the following vote: Yeas 29, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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773 on May 26, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |