Texas 2019 - 86th Regular

Texas House Bill HB4151 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Middleton H.B. No. 4151
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a period of prayer in public schools and at
7	7	school-sponsored athletic events.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Section 25.082, Education Code,
10	10	is amended to read as follows:
11	11	Sec. 25.082. PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE;
12	12	PERIOD OF PRAYER.
13	13	SECTION 2. Section 25.082, Education Code, is amended by
14	14	amending Subsections (c) and (d) and adding Subsection (e) to read
15	15	as follows:
16	16	(c) On written request from a student's parent or guardian,
17	17	a school district or open-enrollment charter school shall excuse
18	18	the student from reciting a pledge of allegiance under Subsection
19	19	(b) or participating in a period of prayer under Subsection (e).
20	20	(d) Except as provided by Subsection (e), the [The] board of
21	21	trustees of each school district and the governing board of each
22	22	open-enrollment charter school shall provide for the observance of
23	23	one minute of silence at each campus following the recitation of the
24	24	pledges of allegiance to the United States and Texas flags under
25	25	Subsection (b). During the one-minute period, each student may, as
26	26	the student chooses, reflect, pray, meditate, or engage in any
27	27	other silent activity that is not likely to interfere with or
28	28	distract another student. Each teacher or other school employee in
29	29	charge of students during that period shall ensure that each of
30	30	those students remains silent and does not act in a manner that is
31	31	likely to interfere with or distract another student.
32	32	(e) The board of trustees of a school district or the
33	33	governing body of an open-enrollment charter school that is not
34	34	operated by or affiliated with a religious organization may by
35	35	record vote adopt a policy requiring every campus of the district or
36	36	school to provide a period of prayer following the recitations of
37	37	the pledges of allegiance to the United States and state flags under
38	38	Subsection (b) and before each school-sponsored athletic event held
39	39	on a district campus or facility. A district or school adopting a
40	40	period of prayer under this subsection is not required to provide
41	41	the observance of one minute of silence as required by Subsection
42	42	(d). A policy adopted under this subsection must require a student
43	43	volunteer to lead the period of prayer. The period of prayer must be
44	44	conducted over a public address system.
45	45	SECTION 3. Subchapter C, Chapter 25, Education Code, is
46	46	amended by adding Section 25.082A to read as follows:
47	47	Section 25.082A DEFENSE OF SCHOOL DISTRICTS IN SUITS RELATED
48	48	TO SCHOOL PRAYER POLICY.
49	49	(a) The attorney general shall defend a
50	50	school district in any action in any court arising from a policy
51	51	adopting a period of prayer under Section 25.082(e) if:
52	52	(1) the board of trustees of the school district
53	53	requests the attorney general's assistance in the defense; and
54	54	(2) the attorney general determines that the cause of
55	55	action arises out of a claim involving the school district's
56	56	good-faith compliance with Section 25.082(e).
57	57	(b) If the attorney general defends a school district under
58	58	Subsection (a), the state is liable for the expenses, costs,
59	59	judgment, or settlement of the claims arising out of the
60	60	representation. The attorney general may settle or compromise any
61	61	and all claims described by Subsection (a)(2). The state may not be
62	62	liable for any expenses, costs, judgments, or settlements of any
63	63	claims against a school district not being represented by the
64	64	attorney general under Subsection (a).
65	65	SECTION 4. Section 25.901, Education Code, is amended to
66	66	read as follows:
67	67	Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A
68	68	public school student has an absolute right to individually,
69	69	voluntarily, and silently pray or meditate in school in a manner
70	70	that does not disrupt the instructional or other activities of the
71	71	school. A person may not require[, encourage,] or coerce a student
72	72	to engage in or refrain from such prayer or meditation during any
73	73	school activity.
74	74	SECTION 5. Each board of trustees of a school district and
75	75	each governing body of an open-enrollment charter school shall take
76	76	a record vote not later than six months after the effective date of
77	77	this Act on whether to adopt a policy requiring every campus of the
78	78	district or school to provide a period of prayer under Section
79	79	25.082(e), Education Code, as added by this Act.
80	80	SECTION 6. This Act applies beginning with the 2019-2020
81	81	school year.
82	82	SECTION 7. This Act takes effect immediately if it receives
83	83	a vote of two-thirds of all the members elected to each house, as
84	84	provided by Section 39, Article III, Texas Constitution. If this
85	85	Act does not receive the vote necessary for immediate effect, this
86	86	Act takes effect September 1, 2019.