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A BILL TO BE ENTITLED
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AN ACT
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relating to a period of prayer in public schools and at |
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school-sponsored athletic events. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 25.082, Education Code, |
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is amended to read as follows: |
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Sec. 25.082. PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE; |
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PERIOD OF PRAYER. |
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SECTION 2. Section 25.082, Education Code, is amended by |
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amending Subsections (c) and (d) and adding Subsection (e) to read |
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as follows: |
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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) or participating in a period of prayer under Subsection (e). |
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(d) Except as provided by Subsection (e), the [The] board of |
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trustees of each school district and the governing board of each |
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open-enrollment charter school shall provide for the observance of |
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one minute of silence at each campus following the recitation of the |
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pledges of allegiance to the United States and Texas flags under |
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Subsection (b). During the one-minute period, each student may, as |
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the student chooses, reflect, pray, meditate, or engage in any |
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other silent activity that is not likely to interfere with or |
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distract another student. Each teacher or other school employee in |
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charge of students during that period shall ensure that each of |
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those students remains silent and does not act in a manner that is |
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likely to interfere with or distract another student. |
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(e) The board of trustees of a school district or the |
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governing body of an open-enrollment charter school that is not |
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operated by or affiliated with a religious organization may by |
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record vote adopt a policy requiring every campus of the district or |
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school to provide a period of prayer following the recitations of |
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the pledges of allegiance to the United States and state flags under |
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Subsection (b) and before each school-sponsored athletic event held |
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on a district campus or facility. A district or school adopting a |
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period of prayer under this subsection is not required to provide |
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the observance of one minute of silence as required by Subsection |
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(d). A policy adopted under this subsection must require a student |
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volunteer to lead the period of prayer. The period of prayer must be |
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conducted over a public address system. |
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SECTION 3. Subchapter C, Chapter 25, Education Code, is |
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amended by adding Section 25.082A to read as follows: |
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Section 25.082A DEFENSE OF SCHOOL DISTRICTS IN SUITS RELATED |
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TO SCHOOL PRAYER POLICY. |
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(a) The attorney general shall defend a |
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school district in any action in any court arising from a policy |
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adopting a period of prayer under Section 25.082(e) if: |
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(1) the board of trustees of the school district |
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requests the attorney general's assistance in the defense; and |
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(2) the attorney general determines that the cause of |
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action arises out of a claim involving the school district's |
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good-faith compliance with Section 25.082(e). |
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(b) If the attorney general defends a school district under |
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Subsection (a), the state is liable for the expenses, costs, |
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judgment, or settlement of the claims arising out of the |
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representation. The attorney general may settle or compromise any |
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and all claims described by Subsection (a)(2). The state may not be |
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liable for any expenses, costs, judgments, or settlements of any |
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claims against a school district not being represented by the |
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attorney general under Subsection (a). |
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SECTION 4. Section 25.901, Education Code, is amended to |
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read as follows: |
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Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A |
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public school student has an absolute right to individually, |
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voluntarily, and silently pray or meditate in school in a manner |
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that does not disrupt the instructional or other activities of the |
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school. A person may not require[, encourage,] or coerce a student |
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to engage in or refrain from such prayer or meditation during any |
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school activity. |
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SECTION 5. Each board of trustees of a school district and |
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each governing body of an open-enrollment charter school shall take |
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a record vote not later than six months after the effective date of |
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this Act on whether to adopt a policy requiring every campus of the |
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district or school to provide a period of prayer under Section |
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25.082(e), Education Code, as added by this Act. |
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SECTION 6. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 7. 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, 2019. |