| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a prohibition on instruction regarding abortion in |
|
|
public schools; creating a criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 28, Education Code, is |
|
|
amended by adding Section 28.0201 to read as follows: |
|
|
Sec. 28.0201. PROHIBITION ON ABORTION INSTRUCTION; |
|
|
OFFENSE. (a) A teacher employed by a school district may not |
|
|
provide instruction, information, educational materials, or |
|
|
resources to a student regarding abortion, including by: |
|
|
(1) taking a student to an event or organization that |
|
|
promotes abortion or abortion-related activism; |
|
|
(2) referring a student to an organization that |
|
|
provides or promotes abortion services; or |
|
|
(3) engaging in a discussion that promotes or |
|
|
normalizes abortion as an option for a student. |
|
|
(b) A teacher who violates Subsection (a) commits an |
|
|
offense. An offense under this subsection is a Class A misdemeanor. |
|
|
(c) A school district shall terminate the employment of a |
|
|
teacher who violates Subsection (a). |
|
|
(d) A violation of Subsection (a) is grounds for suspension |
|
|
or revocation of a certification under Subchapter B, Chapter 21. |
|
|
(e) A parent of a student aggrieved by a teacher's violation |
|
|
of Subsection (a) may bring a cause of action against the teacher or |
|
|
the school district at which the teacher is employed. If the parent |
|
|
prevails in a cause of action brought under this subsection, the |
|
|
court may award the parent compensatory or punitive damages. The |
|
|
teacher's immunity from liability under Section 22.0511 and the |
|
|
district's sovereign immunity are waived for purposes of this |
|
|
subsection. |
|
|
SECTION 2. (a) Except as provided by Subsection (b) of this |
|
|
section, this Act applies beginning with the 2025-2026 school year. |
|
|
(b) Section 28.0201(b), Education Code, as added by this |
|
|
Act, applies only to conduct that occurs on or after September 1, |
|
|
2025. |
|
|
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, 2025. |