88(4) HB 20 - Introduced version - Bill Text
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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. |