| 1 | 1 | | 81R9554 EAH-F |
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| 2 | 2 | | By: Villarreal H.B. No. 1567 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to abstinence education in public schools. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 28.004, Education Code, is amended by |
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| 10 | 10 | | amending Subsections (e) and (g) and adding Subsection (m) to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (e) Any course materials and instruction relating to human |
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| 13 | 13 | | sexuality, sexually transmitted diseases, or human |
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| 14 | 14 | | immunodeficiency virus or acquired immune deficiency syndrome |
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| 15 | 15 | | shall be selected by the board of trustees with the advice of the |
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| 16 | 16 | | local school health advisory council and must: |
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| 17 | 17 | | (1) present abstinence from sexual activity as the |
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| 18 | 18 | | healthiest [preferred] choice of behavior [in relationship to all |
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| 19 | 19 | | sexual activity] for unmarried persons of school age; |
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| 20 | 20 | | (2) devote more attention to abstinence from sexual |
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| 21 | 21 | | activity than to any other behavior; |
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| 22 | 22 | | (3) emphasize that abstinence from sexual activity, if |
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| 23 | 23 | | used consistently and correctly, is the only certain way to prevent |
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| 24 | 24 | | [method that is 100 percent effective in preventing] pregnancy and |
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| 25 | 25 | | [,] sexually transmitted diseases, including [infection with] |
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| 26 | 26 | | human immunodeficiency virus and [or] acquired immune deficiency |
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| 27 | 27 | | syndrome, and the emotional trauma that may be associated with |
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| 28 | 28 | | adolescent sexual activity; |
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| 29 | 29 | | (4) include only scientifically accurate information |
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| 30 | 30 | | about the effectiveness of contraceptives and methods of reducing |
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| 31 | 31 | | the risk of sexually transmitted diseases and teach contraception |
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| 32 | 32 | | in terms of typical use rates, if instruction on contraception is |
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| 33 | 33 | | included in the curriculum content [direct adolescents to a |
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| 34 | 34 | | standard of behavior in which abstinence from sexual activity |
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| 35 | 35 | | before marriage is the most effective way to prevent pregnancy, |
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| 36 | 36 | | sexually transmitted diseases, and infection with human |
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| 37 | 37 | | immunodeficiency virus or acquired immune deficiency syndrome]; |
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| 38 | 38 | | and |
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| 39 | 39 | | (5) not discourage the use by students who are |
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| 40 | 40 | | sexually active of any form of contraception or method approved by |
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| 41 | 41 | | the United States Food and Drug Administration of reducing the risk |
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| 42 | 42 | | of transmission of sexually transmitted diseases [teach |
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| 43 | 43 | | contraception and condom use in terms of human use reality rates |
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| 44 | 44 | | instead of theoretical laboratory rates, if instruction on |
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| 45 | 45 | | contraception and condoms is included in curriculum content]. |
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| 46 | 46 | | (g) A school district that provides human sexuality |
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| 47 | 47 | | instruction may separate students according to gender [sex] for |
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| 48 | 48 | | instructional purposes. |
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| 49 | 49 | | (m) In this section: |
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| 50 | 50 | | (1) "Scientifically accurate information" means |
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| 51 | 51 | | information that is: |
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| 52 | 52 | | (A) verified or supported by research conducted |
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| 53 | 53 | | in compliance with scientific methods; |
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| 54 | 54 | | (B) published in peer reviewed journals, if |
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| 55 | 55 | | appropriate; and |
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| 56 | 56 | | (C) recognized as accurate and objective by |
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| 57 | 57 | | professional organizations and agencies with expertise in the |
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| 58 | 58 | | relevant field, including: |
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| 59 | 59 | | (i) the Centers for Disease Control and |
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| 60 | 60 | | Prevention; |
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| 61 | 61 | | (ii) the American Public Health |
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| 62 | 62 | | Association; |
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| 63 | 63 | | (iii) the Society for Adolescent Medicine; |
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| 64 | 64 | | (iv) the American Academy of Pediatrics; |
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| 65 | 65 | | and |
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| 66 | 66 | | (v) the American College of Obstetricians |
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| 67 | 67 | | and Gynecologists. |
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| 68 | 68 | | (2) "Typical use rate" means the rate of failure for a |
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| 69 | 69 | | method of contraception when that method is not used by a person for |
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| 70 | 70 | | each act of sexual intercourse or when that method is not used by a |
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| 71 | 71 | | person for each act according to the instructions for that method. |
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| 72 | 72 | | The rate is identical to the rate defined as the typical use rate by |
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| 73 | 73 | | the United States Food and Drug Administration. |
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| 74 | 74 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 75 | 75 | | school year. |
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| 76 | 76 | | SECTION 3. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2009. |
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