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A BILL TO BE ENTITLED
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AN ACT
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relating to recitation of the Pledge of Allegiance to the flag of |
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the United States of America in public schools and in |
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open-enrollment charter schools; providing exemptions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Amend Education Code Section 25.082 to read as |
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follows: |
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Sec. 25.082. PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE. (a) |
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Repealed by Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9, |
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eff. June 15, 2017. |
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(b) The board of trustees of each school district and the |
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governing board of each open-enrollment charter school shall |
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require able-bodied students, once during each school day at each |
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campus, to rise and recite, or silently and respectfully observe |
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the recitation of: |
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(1) the pledge of allegiance to the United States flag |
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in accordance with 4 U.S.C. Section 4; and |
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(2) the pledge of allegiance to the state flag in |
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accordance with Subchapter C, Chapter 3100, Government Code. |
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(b-1) The board of trustees of each school district and the |
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governing board of each open-enrollment charter school shall |
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require that the United States and Texas flags be prominently |
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displayed in accordance with 4 U.S.C. Sections 5-10 and Chapter |
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3100, Government Code, in each campus classroom to which a student |
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is assigned at the time the pledges of allegiance to those flags are |
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recited. A district or school is not required to spend federal, |
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state, or local district or school funds to acquire flags required |
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under this subsection. A district or school may raise money or |
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accept gifts, grants, and donations to acquire flags required under |
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this subsection. |
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(c) On written request from a student's parent or guardian, |
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a school district or open-enrollment charter school shall excuse |
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the student from reciting a pledge of allegiance under Subsection |
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(b). Provision shall be made for excused and non-participating |
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students to quietly and respectfully wait outside the room while |
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such activities are being conducted. |
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(d) The board of trustees of each school district and the |
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governing board of each open-enrollment charter school shall |
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provide for the observance of one minute of silence at each campus |
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following the recitation of the pledges of allegiance to the United |
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States and Texas flags under Subsection (b). During the one-minute |
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period, each student may, as the student chooses, reflect, pray, |
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meditate, or engage in any other silent activity that is not likely |
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to interfere with or distract another student. Each teacher or |
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other school employee in charge of students during that period |
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shall ensure that each of those students remains silent and does not |
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act in a manner that is likely to interfere with or distract another |
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student. |
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SECTION 2. This Act takes effect January 1, 2026. |