83S20094 MEW-F By: Watson, et al. S.B. No. 25 A BILL TO BE ENTITLED AN ACT relating to health education curriculum and instruction in public schools 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; and (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. SECTION 2. Section 28.004, Education Code, is amended by amending Subsection (e) and adding Subsection (o) to read as follows: (e) Any course materials and instruction relating to human sexuality, sexually transmitted diseases, or human immunodeficiency virus or acquired immune deficiency syndrome shall be selected by the board of trustees with the advice of the local school health advisory council and must: (1) be evidence-based; (2) present abstinence from sexual activity as the preferred choice of behavior in relationship to all sexual activity for unmarried persons of school age; (3) [(2)] devote more attention to abstinence from sexual activity than to any other behavior; (4) [(3)] emphasize that abstinence from sexual activity, if used consistently and correctly, is the only method that is 100 percent effective in preventing pregnancy, sexually transmitted diseases, infection with human immunodeficiency virus, [or] acquired immune deficiency syndrome, and the emotional trauma associated with adolescent sexual activity; (5) [(4)] direct adolescents to a standard of behavior in which abstinence from sexual activity before marriage is the most effective way to prevent pregnancy, sexually transmitted diseases, [and] infection with human immunodeficiency virus, and [or] acquired immune deficiency syndrome; and (6) [(5)] teach contraception and condom use in terms of human use reality rates instead of theoretical laboratory rates, if instruction on contraception and condoms is included in curriculum content. (o) In this section, "evidence-based" means information verified or supported by research that is: (1) conducted in compliance with accepted scientific methods; (2) published in peer-reviewed journals, if appropriate; (3) recognized as medically accurate, objective, and complete by mainstream professional organizations and agencies with expertise in the relevant field, including the federal Centers for Disease Control and Prevention and the United States Department of Health and Human Services; and (4) proven through rigorous, scientific evaluation to achieve positive outcomes on measures of sexual risk behavior or its health consequences. 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.