By: Paxton, Campbell, Lucio S.B. No. 521
(In the Senate - Filed February 12, 2013; February 20, 2013,
read first time and referred to Committee on Education;
March 13, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 2; March 13, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 521 By: Taylor
A BILL TO BE ENTITLED
AN ACT
relating to the provision of and parental approval for a student's
participation in human sexuality and family planning instruction in
public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.004, Education Code, is amended by
adding Subsections (e-1), (e-2), (e-3), and (i-2) to read as
follows:
(e-1) An entity or individual that performs abortions or an
affiliate of an entity or individual that performs abortions may
not provide human sexuality or family planning instruction or
instructional materials for use in human sexuality or family
planning instruction in a public school.
(e-2) For purposes of Subsection (e-1), "affiliate" means
an entity or individual that has a legal relationship with another
entity or individual that is created or governed by at least one
written instrument that demonstrates:
(1) common ownership, management, or control;
(2) the existence of a franchise; or
(3) the granting or extension of a license or other
agreement that authorizes the affiliate to use the entity's or
individual's brand name, trademark, service mark, or other
registered identification mark.
(e-3) Subsection (e-1) does not apply to a hospital:
(1) licensed under Chapter 241, Health and Safety
Code; or
(2) owned and operated by the state.
(i-2) Before a student may be provided with human sexuality
or family planning instruction from an entity or individual other
than an employee of a school district, the district must obtain the
written consent of the student's parent or guardian. A request for
written consent under this subsection:
(1) may not be included with any other notification or
request for written consent provided to the parent or guardian;
(2) must be provided to the parent or guardian not
later than the 14th day before the date on which the human sexuality
or family planning instruction begins; and
(3) must include the information described by
Subsection (i)(1) and the name of the entity or individual who will
provide the instruction.
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.
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