By: Schwertner S.B. No. 1362
(In the Senate - Filed March 7, 2013; March 18, 2013, read
first time and referred to Committee on Education; April 4, 2013,
reported favorably by the following vote: Yeas 6, Nays 0;
April 4, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that students at an open-enrollment
charter school recite the pledges of allegiance to the United
States flag and the state flag.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (b), (c), and (d), Section 25.082,
Education Code, are amended 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.
(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. This Act applies beginning with the 2013-2014
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.
* * * * *