By: Kolkhorst S.B. No. 595
 
  (Swanson, Hefner, Buckley, Patterson, Slawson, et al.)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring parental consent for psychological or
  psychiatric examination, testing, or treatment conducted by a
  school district employee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 26.009, Education Code, is amended by
  amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
  and (c) to read as follows:
         (a)  An employee of a school district must obtain the written
  consent of a child's parent in the manner required by Subsection
  (a-2) before the employee may:
               (1)  conduct a psychological or psychiatric
  examination or[,] test[,] or psychological or psychiatric
  treatment, unless the examination, test, or treatment is required
  under Section 38.004 or state or federal law regarding requirements
  for special education; or
               (2)  subject to Subsection (b), make or authorize the
  making of a videotape of a child or record or authorize the
  recording of a child's voice.
         (a-1)  For purposes of Subsection (a):
               (1)  "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.
               (2)  "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.
         (a-2)  Written consent for a parent's child to participate in
  a district activity described by Subsection (a) must be obtained
  for each separate activity in which the child participates, and
  each written consent must be signed by the parent and returned to
  the district. A child may not participate in the activity unless
  the district receives the parent's signed written consent to that
  activity.
         (a-3)  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)(1), the
  term "check-in" does not include such an inquiry.
         (c)  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.
         SECTION 2.  This Act applies beginning with the 2023-2024
  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, 2023.