Texas 2009 - 81st Regular

Texas House Bill HB1694 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6413 YDB/KKA-F
2	2	By: Strama H.B. No. 1694
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the improvement of women's health by providing certain
8	8	services and information related to unintended pregnancies and
9	9	sexually transmitted diseases.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. SHORT TITLE. This Act may be cited as the Texas
12	12	Prevention Works Act.
13	13	SECTION 2. OUTREACH. Subchapter B, Chapter 531,
14	14	Government Code, is amended by adding Section 531.095 to read as
15	15	follows:
16	16	Sec. 531.095. IMPLEMENTATION OF MEASURES TO ACHIEVE
17	17	CASELOAD AND COST-SAVINGS ESTIMATES. (a) To attain the state and
18	18	federal cost-savings and reduced rates of unintended pregnancies
19	19	estimated in the waiver application, or any renewal waiver
20	20	application, submitted to the Centers for Medicare and Medicaid
21	21	Services for implementation of the demonstration project
22	22	authorized under Section 32.0248, Human Resources Code, the
23	23	commission shall implement effective education, outreach, and
24	24	other measures designed to increase participation in the
25	25	demonstration project and through the increased participation
26	26	achieve the caseload and cost-saving estimates stated in the waiver
27	27	application.
28	28	(b) The commission, in complying with Subsection (a), may
29	29	not take any action to decrease the level of programs and services
30	30	designed to reduce the number of unintended pregnancies and lower
31	31	the rates of sexually transmitted diseases to below the level of
32	32	programs and services provided on September 1, 2009.
33	33	SECTION 3. EDUCATION. Section 28.004, Education Code, is
34	34	amended by amending Subsections (e) and (i) and adding Subsections
35	35	(m) and (n) to read as follows:
36	36	(e) Any course materials and instruction relating to human
37	37	sexuality, sexually transmitted diseases, or human
38	38	immunodeficiency virus or acquired immune deficiency syndrome
39	39	shall be selected by the board of trustees with the advice of the
40	40	local school health advisory council and must:
41	41	(1) be medically accurate;
42	42	(2) present abstinence from sexual activity as the
43	43	preferred choice of behavior in relationship to all sexual activity
44	44	for unmarried persons of school age;
45	45	(3) [(2)] devote more attention to abstinence from
46	46	sexual activity than to any other behavior;
47	47	(4) [(3)] emphasize that abstinence from sexual
48	48	activity, if used consistently and correctly, is the only method
49	49	that is 100 percent effective in preventing pregnancy, sexually
50	50	transmitted diseases, infection with human immunodeficiency virus,
51	51	[or] acquired immune deficiency syndrome, and the emotional trauma
52	52	associated with adolescent sexual activity;
53	53	(5) [(4)] direct adolescents to a standard of behavior
54	54	in which abstinence from sexual activity before marriage is the
55	55	most effective way to prevent pregnancy, sexually transmitted
56	56	diseases, [and] infection with human immunodeficiency virus, and
57	57	[or] acquired immune deficiency syndrome; and
58	58	(6) [(5)] teach contraception and condom use in terms
59	59	of human use reality rates instead of theoretical laboratory rates,
60	60	if instruction on contraception and condoms is included in
61	61	curriculum content.
62	62	(i) Before providing human sexuality instruction to
63	63	students, a [A] school district shall provide written notice to
64	64	[notify] a parent of each student enrolled in the district. The
65	65	notice must include [of]:
66	66	(1) a summary of the basic content of the district's
67	67	human sexuality instruction to be provided to the student, with a
68	68	statement informing the parent that the instruction is required by
69	69	state law to:
70	70	(A) present abstinence from sexual activity as
71	71	the preferred choice of behavior in relationship to all sexual
72	72	activity for unmarried persons of school age; and
73	73	(B) devote more attention to abstinence from
74	74	sexual activity than to any other behavior; [and]
75	75	(2) a statement of whether the instruction is
76	76	considered by the district to be abstinence-only instruction or
77	77	comprehensive instruction, including an explanation of the
78	78	difference between those types of instruction and a specific
79	79	statement regarding whether the student will receive information on
80	80	contraception and condom use;
81	81	(3) if the instruction will include information on
82	82	contraception and condom use, a statement that state law requires
83	83	the information to be taught in terms of human use reality rates;
84	84	(4) a statement of the parent's right to:
85	85	(A) review curriculum materials under Subsection
86	86	(j); and
87	87	(B) remove the student from any part of the
88	88	district's human sexuality instruction, without subjecting the
89	89	student to any disciplinary action, academic penalty, or other
90	90	sanction; and
91	91	(5) information describing the opportunities for
92	92	parental involvement in the development of curriculum to be used in
93	93	the instruction, including information regarding the council
94	94	established under Subsection (a).
95	95	(m) The board procedure adopted under Section 26.011
96	96	applies to a complaint filed regarding a right guaranteed by this
97	97	section.
98	98	(n) In this section:
99	99	(1) "Abstinence-only instruction" means instruction
100	100	that does not include information about preventing pregnancy,
101	101	sexually transmitted diseases, infection with human
102	102	immunodeficiency virus, or acquired immune deficiency syndrome
103	103	through any means other than total abstinence from sexual activity.
104	104	(2) "Medically accurate" means information that is:
105	105	(A) verified or supported by the weight of
106	106	research conducted in compliance with accepted scientific methods;
107	107	(B) published in peer-reviewed journals; and
108	108	(C) recognized as accurate, objective, and
109	109	complete by mainstream professional organizations and agencies
110	110	with expertise in the relevant field, including the federal Centers
111	111	for Disease Control and Prevention, the American College of
112	112	Obstetricians and Gynecologists, the American Academy of
113	113	Pediatrics, the American Public Health Association, the American
114	114	Academy of Family Physicians, the Infectious Disease Society of
115	115	America, and the American Psychological Association.
116	116	SECTION 4. WAIVER. If before implementing any provision of
117	117	this Act a state agency determines that a waiver or authorization
118	118	from a federal agency is necessary for implementation of that
119	119	provision, the agency affected by the provision shall request the
120	120	waiver or authorization and may delay implementing that provision
121	121	until the waiver or authorization is granted.
122	122	SECTION 5. EFFECTIVE DATE. This Act takes effect September
123	123	1, 2009.