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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring parental consent for psychological or |
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psychiatric examination, testing, or treatment conducted by a |
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school district employee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.009, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) An employee of a school district must obtain the written |
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consent of a child's parent before the employee may: |
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(1) conduct a psychological or psychiatric |
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examination or [,] test [,] or psychological or psychiatric |
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treatment, unless the examination, test, or treatment is required |
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under Section 38.004 or state or federal law regarding requirements |
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for special education; or |
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(2) make or authorize the making of a videotape of a |
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child or record or authorize the recording of a child's voice. |
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(a-1) For purposes of Subsection (a): |
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(1) "Psychological or psychiatric examination or |
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test" means a method designed to elicit information regarding an |
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attitude, habit, trait, opinion, belief, feeling, or mental |
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disorder or a condition thought to lead to a mental disorder, |
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regardless of the manner in which the method is presented or |
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characterized, including a method that is presented or |
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characterized as a survey, check-in, or screening or is embedded in |
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an academic lesson. |
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(2) "Psychological or psychiatric treatment" means |
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the planned, systematic use of a method, technique, or psychoactive |
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substance that is designed to affect behavioral, emotional, or |
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attitudinal characteristics of an individual or group. |
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SECTION 2. 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, 2023. |