Amend CSHB 890 (senate committee report) in SECTION 9 of the bill, amending Section 26.009, Education Code, as follows:
(1) In the recital to the SECTION (page 6, line 33), strike "(c), and (d)" and substitute "(a-4), (c), (d), and (e)".
(2) In amended Subsection (a)(1) (page 6, lines 37 and 38), strike "examination, test, or treatment" and substitute "or psychiatric examination or [,] test [,] or psychological or psychiatric treatment".
(3) Strike added Subsection (a-1) (page 6, lines 52 through 55) and substitute the following:
(a-1) For purposes of Subsection (a):
(1) "Biometric identifier" means a blood sample, hair sample, skin sample, DNA sample, body scan, retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.
(2) "Psychological or psychiatric examination or test" means a method designed to elicit information regarding an attitude, habit, trait, opinion, belief, feeling, or mental disorder or a condition thought to lead to a mental disorder, regardless of the manner in which the method is presented or characterized, including a method that is presented or characterized as a survey, check-in, or screening or is embedded in an academic lesson.
(3) "Psychological or psychiatric treatment" means the planned, systematic use of a method or technique that is designed to affect behavioral, emotional, or attitudinal characteristics of an individual or group.
(4) In added Subsection (a-2) (page 6, line 57), between "be" and "signed", insert "obtained for each separate activity in which the child participates, and each written consent must be".
(5) Immediately following added Subsection (a-3) (page 7, between lines 1 and 2), insert the following:
(a-4) Subsection (a) does not require an employee of a school district to obtain the written consent of a child's parent before verbally asking the child about the child's general well-being, and for purposes of Subsections (a) and (a-1)(2), the term "check-in" does not include such an inquiry.
(6) Immediately following added Subsection (d) (page 7, between lines 17 and 18), insert the following:
(e) Nothing in this section may be construed to affect:
(1) a child's consent to counseling under Section 32.004, Family Code; or
(2) the duty to report child abuse or neglect under Chapter 261, Family Code, or an investigation of a report of abuse or neglect under that chapter.