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A BILL TO BE ENTITLED
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AN ACT
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relating to public school policies and programs regarding the |
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production or distribution of certain intimate visual material by |
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public school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.0052(b), Education Code, is amended |
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to read as follows: |
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(b) A student may be removed from class and placed in a |
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disciplinary alternative education program as provided by Section |
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37.008 or expelled if the student: |
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(1) engages in bullying that encourages a student to |
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commit or attempt to commit suicide; |
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(2) incites violence against a student through group |
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bullying; or |
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(3) releases or threatens to release intimate visual |
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material of a minor or a student who is 18 years of age or older |
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without the student's consent, including intimate visual material |
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created using artificial intelligence technology. |
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SECTION 2. Section 37.0832(a), Education Code, is amended |
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by amending Subdivision (2) and adding Subdivision (3) to read as |
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follows: |
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(2) "Cyberbullying" means: |
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(A) bullying that is done through the use of any |
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electronic communication device, including through the use of a |
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cellular or other type of telephone, a computer, a camera, |
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electronic mail, instant messaging, text messaging, a social media |
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application, an Internet website, or any other Internet-based |
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communication tool; or |
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(B) the production or distribution of a video or |
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image that depicts or appears to depict another student with the |
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student's intimate parts exposed or engaged in sexual conduct, |
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including a video or image created through the use of artificial |
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intelligence technology. |
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(3) "Intimate parts" and "sexual conduct" have the |
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meanings assigned by Section 21.16, Penal Code. |
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SECTION 3. Section 37.0832(c-1), Education Code, is amended |
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to read as follows: |
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(c-1) The agency shall adopt minimum standards for a school |
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district's policy under Subsection (c). The standards must: |
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(1) include an emphasis on bullying prevention by |
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focusing on school climate and building healthy relationships |
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between students and staff; |
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(2) require each district campus to establish a |
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committee to address bullying by focusing on prevention efforts and |
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health and wellness initiatives; |
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(3) require students at each grade level to meet |
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periodically for instruction on building relationships and |
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preventing bullying, including cyberbullying; |
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(4) include an emphasis on increasing student |
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reporting of bullying incidents to school employees by: |
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(A) increasing awareness about district |
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reporting procedures; and |
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(B) providing for anonymous reporting of |
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bullying incidents; |
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(5) require districts to: |
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(A) collect information annually through student |
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surveys on bullying, including cyberbullying; and |
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(B) use those survey results to develop action |
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plans to address student concerns regarding bullying, including |
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cyberbullying; [and] |
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(6) require districts to develop a rubric or checklist |
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to assess an incident of bullying and to determine the district's |
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response to the incident; and |
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(7) require districts to include in the policy |
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provisions specifically addressing incidents of bullying that |
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involve the production or distribution of a video or image that |
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depicts or appears to depict another student with the other |
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student's intimate parts exposed or engaged in sexual conduct, |
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including a video or image created through the use of artificial |
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intelligence technology. |
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SECTION 4. Section 37.218(b), Education Code, is amended to |
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read as follows: |
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(b) The center, in consultation with the office of the |
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attorney general, shall develop programs for use by school |
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districts that address: |
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(1) the possible legal consequences, including |
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criminal penalties, of sharing visual material depicting a minor |
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engaged in sexual conduct; |
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(2) other possible consequences of sharing visual |
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material depicting a minor engaged in sexual conduct, including: |
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(A) negative effects on relationships; |
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(B) loss of educational and employment |
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opportunities; and |
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(C) possible removal, if applicable, from |
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certain school programs or extracurricular activities; |
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(3) the unique characteristics of the Internet and |
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other communications networks that could affect visual material |
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depicting a minor engaged in sexual conduct, including: |
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(A) search and replication capabilities; and |
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(B) a potentially worldwide audience; |
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(4) the prevention of, identification of, responses |
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to, and reporting of incidents of bullying; [and] |
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(5) the connection between bullying, cyberbullying, |
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harassment, and a minor sharing visual material depicting a minor |
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engaged in sexual conduct; and |
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(6) the specific risks of producing or distributing |
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visual material created using artificial intelligence technology |
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that appears to depict a minor engaged in sexual conduct. |
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SECTION 5. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |