BILL ANALYSIS

S.B. 965

By: Parker

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

On June 27, 2022, the U.S. Supreme Court ruled 6-3 in Kennedy v. Bremerton School District, finding in favor of Joseph Kennedy, a high school football coach, who sued Bremerton School District in Washington State because his contract was not renewed in response to Kennedy praying on the field immediately following games. Grounded in this supreme court case decision, S.B. 965 codifies the right of school employees to engage in religious speech or prayer while on duty. As established in Kennedy, the bill excludes any infringement that is necessary to further a compelling state interest and narrowly tailored using the least restrictive means to achieve that compelling state interest.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 965 amends the Education Code to prohibit a public school district or open-enrollment charter school or another state governmental entity from infringing on the right of a district or school employee to engage in religious speech or prayer while on duty, unless the infringement is necessary to further a compelling state interest and narrowly tailored using the least restrictive means to achieve that compelling state interest.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.