81R9554 EAH-F
By: Villarreal H.B. No. 1567
A BILL TO BE ENTITLED
AN ACT
relating to abstinence education in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.004, Education Code, is amended by
amending Subsections (e) and (g) and adding Subsection (m) to read
as follows:
(e) Any course materials and instruction relating to human
sexuality, sexually transmitted diseases, or human
immunodeficiency virus or acquired immune deficiency syndrome
shall be selected by the board of trustees with the advice of the
local school health advisory council and must:
(1) present abstinence from sexual activity as the
healthiest [preferred] choice of behavior [in relationship to all
sexual activity] for unmarried persons of school age;
(2) devote more attention to abstinence from sexual
activity than to any other behavior;
(3) emphasize that abstinence from sexual activity, if
used consistently and correctly, is the only certain way to prevent
[method that is 100 percent effective in preventing] pregnancy and
[,] sexually transmitted diseases, including [infection with]
human immunodeficiency virus and [or] acquired immune deficiency
syndrome, and the emotional trauma that may be associated with
adolescent sexual activity;
(4) include only scientifically accurate information
about the effectiveness of contraceptives and methods of reducing
the risk of sexually transmitted diseases and teach contraception
in terms of typical use rates, if instruction on contraception is
included in the curriculum content [direct adolescents to a
standard of behavior in which abstinence from sexual activity
before marriage is the most effective way to prevent pregnancy,
sexually transmitted diseases, and infection with human
immunodeficiency virus or acquired immune deficiency syndrome];
and
(5) not discourage the use by students who are
sexually active of any form of contraception or method approved by
the United States Food and Drug Administration of reducing the risk
of transmission of sexually transmitted diseases [teach
contraception and condom use in terms of human use reality rates
instead of theoretical laboratory rates, if instruction on
contraception and condoms is included in curriculum content].
(g) A school district that provides human sexuality
instruction may separate students according to gender [sex] for
instructional purposes.
(m) In this section:
(1) "Scientifically accurate information" means
information that is:
(A) verified or supported by research conducted
in compliance with scientific methods;
(B) published in peer reviewed journals, if
appropriate; and
(C) recognized as accurate and objective by
professional organizations and agencies with expertise in the
relevant field, including:
(i) the Centers for Disease Control and
Prevention;
(ii) the American Public Health
Association;
(iii) the Society for Adolescent Medicine;
(iv) the American Academy of Pediatrics;
and
(v) the American College of Obstetricians
and Gynecologists.
(2) "Typical use rate" means the rate of failure for a
method of contraception when that method is not used by a person for
each act of sexual intercourse or when that method is not used by a
person for each act according to the instructions for that method.
The rate is identical to the rate defined as the typical use rate by
the United States Food and Drug Administration.
SECTION 2. This Act applies beginning with the 2009-2010
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.