By: Lowe H.B. No. 5305
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to recitation of the Pledge of Allegiance to the flag of
  the United States of America in public schools and in
  open-enrollment charter schools; providing exemptions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Amend Education Code Section 25.082 to read as
  follows:
         Sec. 25.082.  PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE.  (a)  
  Repealed by Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9,
  eff. June 15, 2017.
         (b)  The board of trustees of each school district and the
  governing board of each open-enrollment charter school shall
  require able-bodied students, once during each school day at each
  campus, to rise and recite, or silently and respectfully observe
  the recitation of:
               (1)  the pledge of allegiance to the United States flag
  in accordance with 4 U.S.C. Section 4; and
               (2)  the pledge of allegiance to the state flag in
  accordance with Subchapter C, Chapter 3100, Government Code.
         (b-1)  The board of trustees of each school district and the
  governing board of each open-enrollment charter school shall
  require that the United States and Texas flags be prominently
  displayed in accordance with 4 U.S.C. Sections 5-10 and Chapter
  3100, Government Code, in each campus classroom to which a student
  is assigned at the time the pledges of allegiance to those flags are
  recited.  A district or school is not required to spend federal,
  state, or local district or school funds to acquire flags required
  under this subsection.  A district or school may raise money or
  accept gifts, grants, and donations to acquire flags required under
  this subsection.
         (c)  On written request from a student's parent or guardian,
  a school district or open-enrollment charter school shall excuse
  the student from reciting a pledge of allegiance under Subsection
  (b).  Provision shall be made for excused and non-participating
  students to quietly and respectfully wait outside the room while
  such activities are being conducted.
         (d)  The board of trustees of each school district and the
  governing board of each open-enrollment charter school shall
  provide for the observance of one minute of silence at each campus
  following the recitation of the pledges of allegiance to the United
  States and Texas flags under Subsection (b).  During the one-minute
  period, each student may, as the student chooses, reflect, pray,
  meditate, or engage in any other silent activity that is not likely
  to interfere with or distract another student.  Each teacher or
  other school employee in charge of students during that period
  shall ensure that each of those students remains silent and does not
  act in a manner that is likely to interfere with or distract another
  student.
         SECTION 2.  This Act takes effect January 1, 2026.