83R4858 JSL-D
 
  By: Farney, Branch, Thompson of Harris, H.B. No. 773
      Smithee, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a requirement that students at an open-enrollment
  charter school recite the pledges of allegiance to the United
  States flag and the state flag.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 25.082(b), (c), and (d), Education
  Code, are amended to read as follows:
         (b)  The board of trustees of each school district and the
  governing board of each open-enrollment charter school shall
  require students, once during each school day at each campus
  [school in the district], to recite:
               (1)  the pledge of allegiance to the United States flag
  in accordance with 4 U.S.C. Section 4[, and its subsequent
  amendments]; and
               (2)  the pledge of allegiance to the state flag in
  accordance with Subchapter C, Chapter 3100, Government Code.
         (c)  On written request from a student's parent or guardian,
  a school district or open-enrollment charter school shall excuse
  the student from reciting a pledge of allegiance under Subsection
  (b).
         (d)  The board of trustees of each school district and the
  governing board of each open-enrollment charter school shall
  provide for the observance of one minute of silence at each campus 
  [school in the district] following the recitation of the pledges of
  allegiance to the United States and Texas flags under Subsection
  (b). During the one-minute period, each student may, as the student
  chooses, reflect, pray, meditate, or engage in any other silent
  activity that is not likely to interfere with or distract another
  student. Each teacher or other school employee in charge of
  students during that period shall ensure that each of those
  students remains silent and does not act in a manner that is likely
  to interfere with or distract another student.
         SECTION 2.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 3.  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, 2013.