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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibited display of certain flags in governmental |
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buildings or on governmental property; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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by adding Chapter 621 to read as follows: |
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CHAPTER 621. PROHIBITED DISPLAY OF CERTAIN FLAGS ON GOVERNMENTAL |
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PROPERTY |
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Sec. 621.001. DEFINITIONS. In this chapter: |
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(1) "Governmental entity" means: |
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(A) a department, commission, board, office, or |
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other agency in the executive branch of state government that was |
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created by the constitution or a statute of this state, including an |
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institution of higher education as defined by Section 61.003, |
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Education Code; |
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(B) the supreme court, the court of criminal |
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appeals, a court of appeals, a district court, or the Texas Judicial |
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Council or another agency in the judicial branch of state |
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government; |
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(C) a county, municipality, special purpose |
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district, including a school district, or any other political |
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subdivision of this state; or |
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(D) an open-enrollment charter school |
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established under Subchapter D, Chapter 12, Education Code. |
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(2) "LGBTQ flag" means a flag intended to display |
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support for lesbianism, homosexuality, bisexuality, |
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transgenderism, gender nonconforming behavior, or an individual |
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who engages in such conduct. |
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Sec. 621.002. PROHIBITED DISPLAY. A governmental entity or |
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employee of a governmental entity may not display an LGBTQ flag in a |
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building or on property owned or controlled by the governmental |
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entity, including a classroom. |
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Sec. 621.003. PERSONAL ITEMS. An individual in a building |
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or on property owned or controlled by a governmental entity may |
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display a personal item with an LGBTQ flag, such as a small pin or |
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clothing, while in the public building or on the property. |
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Sec. 621.004. CONSTRUCTION OF CHAPTER. This chapter may |
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not be construed to restrict or regulate: |
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(1) behavior of an employee of a governmental entity |
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while the employee is not performing the employee's official |
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duties; or |
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(2) speech or conduct protected by the First Amendment |
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to the United States Constitution, or by Section 8, Article I, Texas |
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Constitution. |
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Sec. 621.005. SANCTIONS FOR NONCOMPLIANCE BY SCHOOL. (a) A |
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school district or open-enrollment charter school may impose |
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sanctions, including removal from the person's employment |
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position, against a district or school employee who violates this |
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chapter. |
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(b) The board of trustees of a school district shall |
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investigate any suspected violation of this chapter to determine |
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whether the violation occurred. If the board determines that a |
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violation has occurred, the board shall immediately report the |
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violation to the commissioner of education. |
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(c) If the commissioner of education finds on an appeal |
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under Section 7.057, Education Code, that a school district has |
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violated this chapter, notwithstanding any other law, the |
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commissioner shall withhold the funding to which the district is |
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entitled under Chapters 46, 48, and 49, Education Code, for the |
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school year during which the violation occurred. The commissioner |
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may adjust the district's entitlement to funding under those |
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chapters for subsequent school years as necessary to recover any |
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state funding already paid to the district for the school year in |
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which the violation occurred. |
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(d) This section applies to an open-enrollment charter |
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school as though the governing body of the school were the board of |
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trustees of a school district. |
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Sec. 621.006. CIVIL PENALTY. (a) This section does not |
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apply to a school district or open-enrollment charter school |
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established under Subchapter D, Chapter 12, Education Code. |
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(b) A governmental entity or employee of a governmental |
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entity that violates this chapter is subject to a civil penalty in |
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an amount not to exceed $2,000 for each violation. |
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(c) The attorney general may sue to collect a penalty |
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imposed under this section and may recover reasonable expenses |
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incurred in collecting the penalty, including court costs, |
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reasonable attorney's fees, investigative costs, witness fees, and |
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deposition costs. |
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Sec. 621.007. IMMUNITY WAIVED. Sovereign, governmental, |
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and official immunity to suit is waived and abolished to the extent |
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of liability created by this chapter. |
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SECTION 2. This Act takes effect September 1, 2025. |