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A BILL TO BE ENTITLED
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AN ACT
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relating to the display of flags in public schools; providing a |
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civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1, Education Code, is amended by adding |
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Section 1.0031 to read as follows: |
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Sec. 1.0031. DISPLAY OF FLAGS. (a) In this section: |
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(1) "Display" means to exhibit or place an object |
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anywhere students may see the object. |
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(2) "Flag" means a piece of fabric or similar material, |
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typically rectangular in shape, with a specific design, including a |
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design that symbolizes a location, governmental entity, or cause. |
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(b) A public elementary or secondary school may not display |
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or permit an employee, agent, volunteer, or student to display on |
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school property any flag other than the following flags: |
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(1) the United States flag; |
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(2) the Texas flag; |
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(3) a flag that cannot be disturbed or altered due to |
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archeological or historical preservation as determined by the Texas |
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Historical Commission; |
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(4) the Prisoner of War or Missing in Action flag; |
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(5) a flag that represents an Indian tribe, as defined |
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by 25 U.S.C. Section 5304(e); |
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(6) a flag that represents a political subdivision; |
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(7) a flag that represents any unit, branch, or other |
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division of the armed forces of the United States, including a |
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Reserve Officers' Training Corps program; |
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(8) a flag that represents a college or university; |
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(9) a flag that is displayed temporarily as part of the |
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required curriculum under Section 28.002; |
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(10) the school's official flag; or |
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(11) the flag of an organization authorized to use a |
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school building, provided that the flag is only displayed during |
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the authorized time and at the authorized location specified for |
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the organization's use of school property. |
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(c) A public elementary or secondary school may not display |
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or permit an employee, agent, volunteer, or student to display on |
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school property a flag described by Subsection (b) with alterations |
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in color, symbols, or appearance. |
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(d) A parent or guardian of a child who is enrolled, or |
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eligible to enroll, in a school that violates Subsection (b) may |
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provide written notice of the alleged violation to the school and |
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allow the school 10 business days from receipt of the notice to |
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remedy the violation. |
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(e) Not later than the 10th business day after receiving a |
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written notice under Subsection (d), the school shall provide in |
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writing to the parent or guardian notice of the remedy the school |
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implemented. |
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(f) A school that violates Subsection (b) and fails to |
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provide notice of the remedy implemented by the school within the |
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period prescribed by Subsection (e) is liable to the state for a |
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civil penalty in the amount of $500 for each day that the school |
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fails to provide notice of the remedy after the period prescribed by |
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Subsection (e). The attorney general may sue to collect a civil |
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penalty under this subsection. Money collected under this |
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subsection shall be deposited in the state treasury to the credit of |
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the general revenue fund. |
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SECTION 2. It is the intent of the legislature that every |
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provision, section, subsection, sentence, clause, phrase, or word |
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in this Act, and every application of the provisions in this Act to |
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every person, group of persons, or circumstances, is severable from |
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each other. If any application of any provision in this Act to any |
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person, group of persons, or circumstances is found by a court to be |
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invalid for any reason, the remaining applications of that |
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provision to all other persons and circumstances shall be severed |
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and may not be affected. |
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SECTION 3. This Act takes effect January 1, 2026. |