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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 and reading of the Bible or other |
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religious text in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 25, Education Code, is |
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amended by adding Section 25.0823 to read as follows: |
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Sec. 25.0823. PERIOD OF PRAYER AND READING OF BIBLE OR OTHER |
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RELIGIOUS TEXT. (a) The board of trustees of a school district or |
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the 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 students and employees with an opportunity to |
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participate in a period of prayer and reading of the Bible or other |
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religious text on each school day in accordance with this section. |
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(b) A policy adopted under Subsection (a) must prohibit: |
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(1) a student or employee of the school district or |
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open-enrollment charter school from being permitted to participate |
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in the period of prayer and reading of the Bible or other religious |
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text unless the employee or parent or guardian of the student |
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submits to the district a signed consent form that includes: |
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(A) an acknowledgment that the student or |
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employee has a choice as to whether to participate in the period of |
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prayer and reading of the Bible or other religious text; |
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(B) a statement that the person has no objection |
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to the student's or employee's participation in or hearing of the |
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prayers or readings offered during the period; and |
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(C) an express waiver of the person's right to |
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bring a claim under state or federal law arising out of the adoption |
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of a policy under this section, including a claim under the |
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Establishment Clause of the First Amendment to the United States |
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Constitution or a related state or federal law, releasing the |
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district or school and district or school employees from liability |
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for those claims brought in state or federal court; |
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(2) the provision of a prayer or reading of the Bible |
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or other religious text over a public address system; and |
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(3) a period of prayer and reading of the Bible or |
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other religious text from interfering with or being provided as a |
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substitute for instructional time. |
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(c) An employee or parent or guardian of a student may |
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revoke the person's consent provided under Subsection (b)(1) by |
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informing the appropriate school administrator, as determined by |
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the school district or open-enrollment charter school. An employee |
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or student for whom consent has been revoked under this subsection: |
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(1) may not participate in the period of prayer and |
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reading of the Bible or other religious text until the employee or |
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parent or guardian of the student submits to the district or school |
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a new consent form under Subsection (b)(1); and |
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(2) remains bound by the waiver described by |
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Subsection (b)(1)(C). |
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(d) A policy adopted under Subsection (a): |
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(1) must include provisions ensuring a prayer or |
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reading of the Bible or other religious text is not provided in the |
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physical presence of, within the hearing of, or in another manner |
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which would constitute an injury in fact within the meaning of the |
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United States or Texas Constitution on a person for whom a signed |
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consent form has not been submitted under Subsection (b)(1) or has |
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been revoked under Subsection (c); and |
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(2) in order to comply with this subsection, may |
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require that the period of prayer and reading of the Bible or other |
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religious text be provided: |
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(A) before normal school hours; |
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(B) only in classrooms or other areas in which a |
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consent form under Subsection (b)(1) has been submitted for every |
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employee and student, which may include an entire district or |
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school campus if a consent form has been submitted for each employee |
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and student at the campus; or |
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(C) by any other method recommended by the |
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attorney general or legal counsel for the district or school. |
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(e) The attorney general, on request from the board of |
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trustees of a school district or the governing body of an |
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open-enrollment charter school, shall: |
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(1) provide advice on best methods for a district or |
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school to comply with the requirements of this section; |
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(2) provide a model consent form that may be used for |
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purposes of providing consent under Subsection (b)(1); and |
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(3) defend the district or school in a cause of action |
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arising out of the adoption of a policy under Subsection (a). |
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(f) If the attorney general defends a district or school |
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under Subsection (e)(3), the state is liable for the expenses, |
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costs, judgments, or settlements 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 under this subsection. The state may not be liable |
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for any expenses, costs, judgments, or settlements of any claims |
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arising out of the adoption of a policy under Subsection (a) against |
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a district or school not being represented by the attorney general. |
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(g) Regardless of whether the board of trustees of a school |
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district or the governing body of an open-enrollment charter school |
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adopts a policy under Subsection (a), this section does not |
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prohibit a student or employee of the district or school from |
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participating in prayer or reading the Bible or other religious |
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text during a period of the school day that is not designated as a |
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period of prayer and reading of the Bible or other religious text. |
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SECTION 2. 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 3. 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 and reading of the |
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Bible or other religious text under Section 25.0823, Education |
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Code, as added by this Act. |
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SECTION 4. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 5. 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 on the 91st day after the last day of the |
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legislative session. |