The bill, H.B. No. 344, introduces a new section to the Texas Education Code that prohibits public schools, including school districts and open-enrollment charter schools, from providing or allowing instruction, guidance, activities, or programming related to sexual orientation or gender identity for students from prekindergarten through 12th grade. This prohibition is outlined in the newly added Section 28.0041, which specifies that such instruction is not permitted except under certain conditions. Notably, the bill clarifies that it does not restrict a student's right to engage in protected speech or expressive conduct, nor does it limit authorized personnel from providing necessary physical or mental health services to students, provided that parental consent is obtained.

The provisions of this bill are set to take effect starting with the 2025-2026 school year. Additionally, the bill includes a clause for immediate effect if it receives a two-thirds majority vote from all elected members in both houses; otherwise, it will take effect on September 1, 2025.

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