81R6413 YDB/KKA-F
By: Strama H.B. No. 1694
A BILL TO BE ENTITLED
AN ACT
relating to the improvement of women's health by providing certain
services and information related to unintended pregnancies and
sexually transmitted diseases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. SHORT TITLE. This Act may be cited as the Texas
Prevention Works Act.
SECTION 2. OUTREACH. Subchapter B, Chapter 531,
Government Code, is amended by adding Section 531.095 to read as
follows:
Sec. 531.095. IMPLEMENTATION OF MEASURES TO ACHIEVE
CASELOAD AND COST-SAVINGS ESTIMATES. (a) To attain the state and
federal cost-savings and reduced rates of unintended pregnancies
estimated in the waiver application, or any renewal waiver
application, submitted to the Centers for Medicare and Medicaid
Services for implementation of the demonstration project
authorized under Section 32.0248, Human Resources Code, the
commission shall implement effective education, outreach, and
other measures designed to increase participation in the
demonstration project and through the increased participation
achieve the caseload and cost-saving estimates stated in the waiver
application.
(b) The commission, in complying with Subsection (a), may
not take any action to decrease the level of programs and services
designed to reduce the number of unintended pregnancies and lower
the rates of sexually transmitted diseases to below the level of
programs and services provided on September 1, 2009.
SECTION 3. EDUCATION. Section 28.004, Education Code, is
amended by amending Subsections (e) and (i) and adding Subsections
(m) and (n) 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) be medically accurate;
(2) present abstinence from sexual activity as the
preferred choice of behavior in relationship to all sexual activity
for unmarried persons of school age;
(3) [(2)] devote more attention to abstinence from
sexual activity than to any other behavior;
(4) [(3)] emphasize that abstinence from sexual
activity, if used consistently and correctly, is the only method
that is 100 percent effective in preventing pregnancy, sexually
transmitted diseases, infection with human immunodeficiency virus,
[or] acquired immune deficiency syndrome, and the emotional trauma
associated with adolescent sexual activity;
(5) [(4)] 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, and
[or] acquired immune deficiency syndrome; and
(6) [(5)] 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.
(i) Before providing human sexuality instruction to
students, a [A] school district shall provide written notice to
[notify] a parent of each student enrolled in the district. The
notice must include [of]:
(1) a summary of the basic content of the district's
human sexuality instruction to be provided to the student, with a
statement informing the parent that the instruction is required by
state law to:
(A) present abstinence from sexual activity as
the preferred choice of behavior in relationship to all sexual
activity for unmarried persons of school age; and
(B) devote more attention to abstinence from
sexual activity than to any other behavior; [and]
(2) a statement of whether the instruction is
considered by the district to be abstinence-only instruction or
comprehensive instruction, including an explanation of the
difference between those types of instruction and a specific
statement regarding whether the student will receive information on
contraception and condom use;
(3) if the instruction will include information on
contraception and condom use, a statement that state law requires
the information to be taught in terms of human use reality rates;
(4) a statement of the parent's right to:
(A) review curriculum materials under Subsection
(j); and
(B) remove the student from any part of the
district's human sexuality instruction, without subjecting the
student to any disciplinary action, academic penalty, or other
sanction; and
(5) information describing the opportunities for
parental involvement in the development of curriculum to be used in
the instruction, including information regarding the council
established under Subsection (a).
(m) The board procedure adopted under Section 26.011
applies to a complaint filed regarding a right guaranteed by this
section.
(n) In this section:
(1) "Abstinence-only instruction" means instruction
that does not include information about preventing pregnancy,
sexually transmitted diseases, infection with human
immunodeficiency virus, or acquired immune deficiency syndrome
through any means other than total abstinence from sexual activity.
(2) "Medically accurate" means information that is:
(A) verified or supported by the weight of
research conducted in compliance with accepted scientific methods;
(B) published in peer-reviewed journals; and
(C) recognized as accurate, objective, and
complete by mainstream professional organizations and agencies
with expertise in the relevant field, including the federal Centers
for Disease Control and Prevention, the American College of
Obstetricians and Gynecologists, the American Academy of
Pediatrics, the American Public Health Association, the American
Academy of Family Physicians, the Infectious Disease Society of
America, and the American Psychological Association.
SECTION 4. WAIVER. If before implementing any provision of
this Act a state agency determines that a waiver or authorization
from a federal agency is necessary for implementation of that
provision, the agency affected by the provision shall request the
waiver or authorization and may delay implementing that provision
until the waiver or authorization is granted.
SECTION 5. EFFECTIVE DATE. This Act takes effect September
1, 2009.