| 1 | 1 | | By: Schwertner S.B. No. 1362 |
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| 2 | 2 | | (In the Senate - Filed March 7, 2013; March 18, 2013, read |
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| 3 | 3 | | first time and referred to Committee on Education; April 4, 2013, |
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| 4 | 4 | | reported favorably by the following vote: Yeas 6, Nays 0; |
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| 5 | 5 | | April 4, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to a requirement that students at an open-enrollment |
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| 11 | 11 | | charter school recite the pledges of allegiance to the United |
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| 12 | 12 | | States flag and the state flag. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Subsections (b), (c), and (d), Section 25.082, |
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| 15 | 15 | | Education Code, are amended to read as follows: |
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| 16 | 16 | | (b) The board of trustees of each school district and the |
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| 17 | 17 | | governing board of each open-enrollment charter school shall |
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| 18 | 18 | | require students, once during each school day at each campus |
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| 19 | 19 | | [school in the district], to recite: |
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| 20 | 20 | | (1) the pledge of allegiance to the United States flag |
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| 21 | 21 | | in accordance with 4 U.S.C. Section 4[, and its subsequent |
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| 22 | 22 | | amendments]; and |
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| 23 | 23 | | (2) the pledge of allegiance to the state flag in |
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| 24 | 24 | | accordance with Subchapter C, Chapter 3100, Government Code. |
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| 25 | 25 | | (c) On written request from a student's parent or guardian, |
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| 26 | 26 | | a school district or open-enrollment charter school shall excuse |
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| 27 | 27 | | the student from reciting a pledge of allegiance under Subsection |
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| 28 | 28 | | (b). |
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| 29 | 29 | | (d) The board of trustees of each school district and the |
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| 30 | 30 | | governing board of each open-enrollment charter school shall |
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| 31 | 31 | | provide for the observance of one minute of silence at each campus |
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| 32 | 32 | | [school in the district] following the recitation of the pledges of |
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| 33 | 33 | | allegiance to the United States and Texas flags under Subsection |
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| 34 | 34 | | (b). During the one-minute period, each student may, as the student |
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| 35 | 35 | | chooses, reflect, pray, meditate, or engage in any other silent |
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| 36 | 36 | | activity that is not likely to interfere with or distract another |
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| 37 | 37 | | student. Each teacher or other school employee in charge of |
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| 38 | 38 | | students during that period shall ensure that each of those |
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| 39 | 39 | | students remains silent and does not act in a manner that is likely |
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| 40 | 40 | | to interfere with or distract another student. |
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| 41 | 41 | | SECTION 2. This Act applies beginning with the 2013-2014 |
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| 42 | 42 | | school year. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2013. |
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| 48 | 48 | | * * * * * |
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