Relating to studies or surveys on children's sexual behavior conducted at or by a public primary or secondary school or by a public or private institution of higher education or another person; creating criminal offenses; imposing civil penalties.
Impact
The implications of SB 1031 on state law are significant, particularly as it creates a framework that restricts educational and research activities regarding sensitive topics. This could ultimately hinder efforts aimed at understanding and addressing challenges related to children's sexual health and education. Critics of the bill strongly express concerns that it could dismantle critical research projects that focus on teen pregnancy prevention and related issues, which in turn might jeopardize funding sources that depend on the availability of such research data.
Summary
Senate Bill 1031 aims to impose strict limitations on studies or surveys that examine children's sexual behavior, specifically prohibiting public institutions from conducting such research. Furthermore, for private institutions to conduct any relevant studies, they must obtain written consent from a parent or responsible guardians. The bill presents criminal penalties for violations, classifying them as state jail felonies, in addition to civil penalties ranging from $1,000 to $5,000 per child involved unlawfully in a study. The overarching intent is to protect minors from potentially exploitative or harmful research practices.
Sentiment
The sentiment surrounding the bill is divided, with proponents advocating for child protection from invasive research practices. They argue that the bill provides necessary safeguards against unwanted exposure of minors to surveys that may not be age-appropriate. However, opponents, including public health advocates and educators, view the legislation as overly punitive and detrimental to public health initiatives. The discussions reveal a tension between safeguarding minors and the need for comprehensive research to inform policies and programs aimed at youth.
Contention
Notably, the bill has sparked controversy regarding its potential to criminalize routine educational practices and hinder valuable academic research. The testimony presented during committee meetings featured voices from health policy advocates who argue that the stringent requirements may obstruct legitimate efforts to research areas crucial for children’s welfare and development. The potential loss of federal funding tied to this type of research creates further contention regarding the balance between legislative protective measures and the need for informed, evidence-based approaches to youth education and health.
Texas Constitutional Statutes Affected
Education Code
Chapter 38. Health And Safety
Section: New Section
Section: New Section
Chapter 51. Provisions Generally Applicable To Higher Education
Relating to studies or surveys on children's sexual behavior conducted at or by a public primary or secondary school, a public institution of higher education, a prescription drug manufacturer, a research entity, or another person; creating criminal offenses; imposing civil penalties.
Relating to disorderly or threatening behavior and measures by public schools and institutions of higher education to prevent that behavior; increasing criminal penalties; creating a criminal offense.
Relating to prohibiting certain dealings with foreign adversaries by public schools and public institutions of higher education; providing civil penalties; creating criminal offenses.
Relating to the regulation of and criminal offenses occurring near certain child-care facilities and age restrictions on persons employed by or allowed on the premises of a sexually oriented business; creating criminal offenses; increasing criminal penalties.
Relating to requirements regarding certain student resources provided to public and private school students by a public or private primary or secondary school, institution of higher education, state agency, or public library.
Relating to requirements regarding certain student resources provided to public and private school students by a public or private primary or secondary school, institution of higher education, state agency, or public library.
Relating to requirements regarding certain student resources provided to public and private school students by a public or private primary or secondary school, institution of higher education, state agency, or public library.
Relating to notice of certain criminal conduct by a student or employee of a public or private institution of higher education in this state; authorizing a civil penalty.
Relating to a reporting requirement for certain incidents of sexual harassment, sexual assault, dating violence, or stalking at certain public and private institutions of higher education; creating a criminal offense; authorizing administrative penalties.