88R8510 JTZ-D

By: Hall S.B. No. 1031

A BILL TO BE ENTITLED

AN ACT

relating to studies or surveys on children's sexual behavior conducted at or by a public primary or secondary school, a public institution of higher education, a prescription drug manufacturer, a research entity, or another person; creating criminal offenses; imposing civil penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 38, Education Code, is amended by adding Section 38.0043 to read as follows:

Sec. 38.0043. PROHIBITION ON STUDY OR SURVEY OF CHILD SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) A school district may not conduct or permit a third party to conduct a study or survey on a child's sexual behavior.

(b) A person commits an offense if the person violates Subsection (a). An offense under this subsection is a state jail felony.

(c) In addition to the criminal penalty under Subsection (b), a person who violates Subsection (a) is liable to the state for a civil penalty in an amount not less than $1,000 or more than $5,000 for each child unlawfully included in the study or survey. The attorney general may investigate an alleged violation of Subsection (a) and may sue to collect the civil penalty described by this subsection.

SECTION 2. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.9762 to read as follows:

Sec. 51.9762. PROHIBITION ON STUDY OR SURVEY OF CHILD SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) In this section, "institution of higher education" has the meaning assigned by Section 61.003.

(b) An institution of higher education may not conduct a study or survey on a child's sexual behavior.

(c) A person commits an offense if the person violates Subsection (b). An offense under this subsection is a state jail felony.

(d) In addition to the criminal penalty under Subsection (c), a person who violates Subsection (b) is liable to the state for a civil penalty in an amount not less than $1,000 or more than $5,000 for each violation. The attorney general may investigate an alleged violation of Subsection (b) and may sue to collect the civil penalty described by this subsection.

SECTION 3. Chapter 161, Health and Safety Code, is amended by adding Subchapter X to read as follows:

SUBCHAPTER X. STUDIES AND SURVEYS OF CHILD SEXUAL BEHAVIOR

Sec. 161.701. RESTRICTIONS ON STUDIES AND SURVEYS OF CHILD SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) A person, including a prescription drug manufacturer or research entity, may not conduct a study or survey on a child's sexual behavior unless the parent of the child or person standing in parental relation to the child provides written consent for the child's inclusion in the study or survey. This subsection does not authorize the conduct of a study or survey prohibited under other law, including Sections 38.0043 and 51.9762, Education Code.

(b) Information disclosed as part of a study or survey described by Subsection (a) indicating that a child has been abused or neglected, as those terms are defined by Section 261.001, Family Code, must be reported in accordance with Subchapter B, Chapter 261, Family Code.

(c) A person commits an offense if the person violates Subsection (a). An offense under this subsection is a state jail felony.

(d) In addition to the criminal penalty under Subsection (c), a person who violates Subsection (a) is liable to the state for a civil penalty in an amount not less than $1,000 or more than $5,000 for each child unlawfully included in the study or survey. The attorney general may investigate an alleged violation of Subsection (a) and may sue to collect the civil penalty described by this subsection.

SECTION 4. This Act takes effect September 1, 2023.