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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. |
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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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"display" means to exhibit or place an object anywhere students may |
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see the object. |
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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 state 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 foreign country or |
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political subdivision of that country; |
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(9) a flag that represents a college or university; |
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(10) a flag that is displayed temporarily as part of |
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the required curriculum under Section 28.002; |
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(11) the school's official flag; or |
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(12) 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) Notwithstanding any other law, a parent or guardian of a |
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child who is enrolled, or eligible to enroll, in a school that |
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violates Subsection (b) and fails to provide notice of the remedy |
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implemented by the school within the period prescribed by |
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Subsection (e) may bring an action against the school to obtain an |
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injunction to comply with this section. |
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(d) Before bringing an action under Subsection (c), the |
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parent or guardian must provide written notice of the alleged |
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violation that is the basis for the action to the school and allow |
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the school 10 business days from receipt of the notice to remedy the |
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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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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. |