83S20095 MEW-F
By: Farrar H.B. No. 42
A BILL TO BE ENTITLED
AN ACT
relating to notice to parents of public school students regarding
human sexuality instruction to reduce the demand for abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that:
(1) Texas led the nation in 2010 in the rate of teenage
girls who had second children, according to the Centers for Disease
Control and Prevention;
(2) approximately 22 percent of births in Texas and
18.3 percent of births in the United States by girls age 15 to 19
were repeat births in 2010, compared to 19.5 percent in the United
States in 2007;
(3) an estimated 80 percent of teen births are
unintended and cost American taxpayers approximately $11 billion a
year and cost Texas taxpayers $1.2 billion in 2008, according to the
National Campaign to Prevent Teen and Unplanned Pregnancy;
(4) the only certain way to avoid the termination of an
unwanted pregnancy is to prevent the unwanted pregnancy;
(5) the state has a compelling state interest in
ensuring that there is appropriate knowledge of how a pregnancy
occurs and how a pregnancy can be avoided;
(6) according to the Centers for Disease Control and
Prevention, effective strategies to reduce teen pregnancy include
evidence-based sex education that provides accurate information
and supports the needs of teens throughout their development; and
(7) the state has a compelling state interest in
ensuring that parents are informed of the type of human sexuality
instruction their child is receiving in school.
SECTION 2. Section 28.004, Education Code, is amended by
amending Subsection (i) and adding Subsection (p) to read as
follows:
(i) Before each school year, a school district shall provide
written notice to a parent of each student enrolled in the district
of the board of trustees' decision regarding whether the district
will provide human sexuality instruction to district students. If
instruction will be provided, the notice must include:
(1) a summary of the basic content of the district's
human sexuality instruction to be provided to the student,
including a statement informing the parent that the instruction is
required by [of the instructional requirements under] state law to:
(A) present abstinence from sexual activity as
the preferred choice of behavior in relationship to all sexual
activity for unmarried persons of school age; and
(B) devote more attention to abstinence from
sexual activity than to any other behavior;
(2) a statement of whether the instruction is
considered by the district to be abstinence-only instruction or
comprehensive instruction, including an explanation of the
difference between those types of instruction and a specific
statement regarding whether the student will receive information on
contraception;
(3) [(2)] a statement of the parent's right to:
(A) review curriculum materials as provided by
Subsection (j); and
(B) remove the student from any part of the
district's human sexuality instruction without subjecting the
student to any disciplinary action, academic penalty, or other
sanction imposed by the district or the student's school; and
(4) [(3)] information describing the opportunities
for parental involvement in the development of the curriculum to be
used in human sexuality instruction, including information
regarding the local school health advisory council established
under Subsection (a).
(p) In this section, "abstinence-only instruction" means
instruction that does not include information about preventing
pregnancy, sexually transmitted diseases, infection with human
immunodeficiency virus, or acquired immune deficiency syndrome
through any means other than total abstinence from sexual activity.
SECTION 3. This Act applies beginning with the 2013-2014
school year.
SECTION 4. 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 on the 91st day after the last day of the
legislative session.