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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition on instruction and certain activities |
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regarding sexual orientation or gender identity provided or allowed |
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by school districts, open-enrollment charter schools, and district |
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and charter school employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 28, Education Code, is |
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amended by adding Section 28.0043 to read as follows: |
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Sec. 28.0043. PROHIBITION ON INSTRUCTION AND CERTAIN |
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ACTIVITIES REGARDING SEXUAL ORIENTATION OR GENDER IDENTITY. (a) |
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Except as provided by Subsection (b), a school district, |
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open-enrollment charter school, or district or charter school |
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employee may not provide or allow a third party to provide |
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instruction, guidance, activities, or programming regarding sexual |
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orientation or gender identity to students enrolled in |
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prekindergarten through 12th grade. |
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(b) This section may not be construed to limit: |
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(1) a student's ability to engage in speech or |
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expressive conduct protected by the First Amendment to the United |
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States Constitution or by Section 8, Article I, Texas Constitution, |
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that does not result in material disruption to school activities; |
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or |
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(2) the ability of a person who is authorized by the |
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district to provide physical or mental health-related services to |
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provide the services to a student, subject to any required parental |
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consent. |
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SECTION 2. This Act applies beginning with the 2024-2025 |
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school year. |
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SECTION 3. 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 on the 91st day after the last day of the |
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legislative session. |