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A BILL TO BE ENTITLED
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AN ACT
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relating to studies or surveys on children's sexual behavior |
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conducted at or by a public primary or secondary school or by a |
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public or private institution of higher education or another |
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person; creating criminal offenses; imposing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.0043 to read as follows: |
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Sec. 38.0043. PROHIBITION ON STUDY OR SURVEY OF CHILD |
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SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) A school district may |
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not conduct or permit a third party to conduct a study or survey on a |
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child's sexual behavior. |
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(b) A person commits an offense if the person violates |
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Subsection (a). An offense under this subsection is a state jail |
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felony. |
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(c) In addition to the criminal penalty under Subsection |
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(b), a person who violates Subsection (a) is liable to the state for |
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a civil penalty in an amount not less than $1,000 or more than |
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$5,000 for each child unlawfully included in the study or survey. |
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The attorney general may investigate an alleged violation of |
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Subsection (a) and may sue to collect the civil penalty described by |
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this subsection. |
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SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9762 to read as follows: |
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Sec. 51.9762. RESTRICTION ON STUDY OR SURVEY OF CHILD |
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SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) In this section, |
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"institution of higher education" has the meaning assigned by |
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Section 61.003. |
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(b) An institution of higher education or a private |
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institution of higher education may not conduct a study or survey on |
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a child's sexual behavior unless the parent of the child or person |
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standing in parental relation to the child provides written |
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informed consent for the child's inclusion in the study or survey. |
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This subsection does not authorize the conduct of a study or survey |
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prohibited under other law, including Section 38.0043. |
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(c) Information disclosed as part of a study or survey |
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described by Subsection (b) indicating that a child has been abused |
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or neglected, as those terms are defined by Section 261.001, Family |
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Code, must be reported in accordance with Subchapter B, Chapter |
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261, Family Code. |
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(d) A person commits an offense if the person violates |
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Subsection (b). An offense under this subsection is a state jail |
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felony. |
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(e) In addition to the criminal penalty under Subsection |
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(d), a person who violates Subsection (b) is liable to the state for |
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a civil penalty in an amount not less than $1,000 or more than |
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$5,000 for each child unlawfully included in the study or survey. |
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The attorney general may investigate an alleged violation of |
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Subsection (b) and may sue to collect the civil penalty described by |
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this subsection. |
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(f) An institution of higher education or a private or |
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independent institution of higher education that conducts a study |
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or survey described by Subsection (b) shall provide to each parent |
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of or person standing in parental relation to a child who provides |
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consent for the child's inclusion in the study or survey: |
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(1) a copy of the survey or study materials given to |
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the child; and |
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(2) an opportunity to oversee the child's |
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participation in the study or survey. |
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SECTION 3. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter X to read as follows: |
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SUBCHAPTER X. STUDIES AND SURVEYS OF CHILD SEXUAL BEHAVIOR |
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Sec. 161.701. RESTRICTION ON STUDY OR SURVEY OF CHILD |
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SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) A person may not |
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conduct a study or survey on a child's sexual behavior unless the |
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parent of the child or person standing in parental relation to the |
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child provides written informed consent for the child's inclusion |
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in the study or survey. This subsection does not authorize the |
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conduct of a study or survey prohibited under other law, including |
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Sections 38.0043 and 51.9762, Education Code. |
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(b) Information disclosed as part of a study or survey |
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described by Subsection (a) indicating that a child has been abused |
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or neglected, as those terms are defined by Section 261.001, Family |
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Code, must be reported in accordance with Subchapter B, Chapter |
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261, Family Code. |
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(c) A person commits an offense if the person violates |
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Subsection (a). An offense under this subsection is a state jail |
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felony. |
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(d) In addition to the criminal penalty under Subsection |
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(c), a person who violates Subsection (a) is liable to the state for |
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a civil penalty in an amount not less than $1,000 or more than |
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$5,000 for each child unlawfully included in the study or survey. |
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The attorney general may investigate an alleged violation of |
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Subsection (a) and may sue to collect the civil penalty described by |
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this subsection. |
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(e) A person who conducts a study or survey described by |
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Subsection (a) shall provide to each parent of or person standing in |
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parental relation to a child who provides consent for the child's |
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inclusion in the study or survey: |
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(1) a copy of the survey or study materials given to |
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the child; and |
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(2) an opportunity to oversee the child's |
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participation in the study or survey. |
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SECTION 4. This Act takes effect September 1, 2023. |