H.B. No. 773
AN ACT
relating to the recitation of the pledges of allegiance to and
display of the United States and state flags at and the observation
of a moment of silence at open-enrollment charter schools and other
public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.082, Education Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsection (b-1)
to read as follows:
(b) The board of trustees of each school district and the
governing board of each open-enrollment charter school shall
require students, once during each school day at each campus
[school in the district], to recite:
(1) the pledge of allegiance to the United States flag
in accordance with 4 U.S.C. Section 4[, and its subsequent
amendments]; and
(2) the pledge of allegiance to the state flag in
accordance with Subchapter C, Chapter 3100, Government Code.
(b-1) The board of trustees of each school district and the
governing board of each open-enrollment charter school shall
require that the United States and Texas flags be prominently
displayed in accordance with 4 U.S.C. Sections 5-10 and Chapter
3100, Government Code, in each campus classroom to which a student
is assigned at the time the pledges of allegiance to those flags are
recited. A district or school is not required to spend federal,
state, or local district or school funds to acquire flags required
under this subsection. A district or school may raise money or
accept gifts, grants, and donations to acquire flags required under
this subsection.
(c) On written request from a student's parent or guardian,
a school district or open-enrollment charter school shall excuse
the student from reciting a pledge of allegiance under Subsection
(b).
(d) The board of trustees of each school district and the
governing board of each open-enrollment charter school shall
provide for the observance of one minute of silence at each campus
[school in the district] following the recitation of the pledges of
allegiance to the United States and Texas flags under Subsection
(b). During the one-minute period, each student may, as the student
chooses, reflect, pray, meditate, or engage in any other silent
activity that is not likely to interfere with or distract another
student. Each teacher or other school employee in charge of
students during that period shall ensure that each of those
students remains silent and does not act in a manner that is likely
to interfere with or distract another student.
SECTION 2. (a) Sections 25.082(b), (c), and (d), Education
Code, as amended by this Act, apply beginning with the 2013-2014
school year.
(b) Section 25.082(b-1), Education Code, as added by this
Act, applies beginning with the 2016-2017 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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 773 was passed by the House on April
26, 2013, by the following vote: Yeas 139, Nays 1, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 773 on May 20, 2013, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 773 on May 26, 2013, by the following vote: Yeas 140,
Nays 2, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 773 was passed by the Senate, with
amendments, on May 16, 2013, by the following vote: Yeas 29, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
773 on May 26, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor