By: Middleton H.B. No. 4151
A BILL TO BE ENTITLED
AN ACT
relating to a period of prayer in public schools and at
school-sponsored athletic events.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 25.082, Education Code,
is amended to read as follows:
Sec. 25.082. PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE;
PERIOD OF PRAYER.
SECTION 2. Section 25.082, Education Code, is amended by
amending Subsections (c) and (d) and adding Subsection (e) to read
as follows:
(c) On written request from a student's parent or guardian,
a school district or open-enrollment charter school shall excuse
the student from reciting a pledge of allegiance under Subsection
(b) or participating in a period of prayer under Subsection (e).
(d) Except as provided by Subsection (e), the [The] board of
trustees of each school district and the governing board of each
open-enrollment charter school shall provide for the observance of
one minute of silence at each campus following the recitation of the
pledges of allegiance to the United States and Texas flags under
Subsection (b). During the one-minute period, each student may, as
the student chooses, reflect, pray, meditate, or engage in any
other silent activity that is not likely to interfere with or
distract another student. Each teacher or other school employee in
charge of students during that period shall ensure that each of
those students remains silent and does not act in a manner that is
likely to interfere with or distract another student.
(e) The board of trustees of a school district or the
governing body of an open-enrollment charter school that is not
operated by or affiliated with a religious organization may by
record vote adopt a policy requiring every campus of the district or
school to provide a period of prayer following the recitations of
the pledges of allegiance to the United States and state flags under
Subsection (b) and before each school-sponsored athletic event held
on a district campus or facility. A district or school adopting a
period of prayer under this subsection is not required to provide
the observance of one minute of silence as required by Subsection
(d). A policy adopted under this subsection must require a student
volunteer to lead the period of prayer. The period of prayer must be
conducted over a public address system.
SECTION 3. Subchapter C, Chapter 25, Education Code, is
amended by adding Section 25.082A to read as follows:
Section 25.082A DEFENSE OF SCHOOL DISTRICTS IN SUITS RELATED
TO SCHOOL PRAYER POLICY.
(a) The attorney general shall defend a
school district in any action in any court arising from a policy
adopting a period of prayer under Section 25.082(e) if:
(1) the board of trustees of the school district
requests the attorney general's assistance in the defense; and
(2) the attorney general determines that the cause of
action arises out of a claim involving the school district's
good-faith compliance with Section 25.082(e).
(b) If the attorney general defends a school district under
Subsection (a), the state is liable for the expenses, costs,
judgment, or settlement of the claims arising out of the
representation. The attorney general may settle or compromise any
and all claims described by Subsection (a)(2). The state may not be
liable for any expenses, costs, judgments, or settlements of any
claims against a school district not being represented by the
attorney general under Subsection (a).
SECTION 4. Section 25.901, Education Code, is amended to
read as follows:
Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A
public school student has an absolute right to individually,
voluntarily, and silently pray or meditate in school in a manner
that does not disrupt the instructional or other activities of the
school. A person may not require[, encourage,] or coerce a student
to engage in or refrain from such prayer or meditation during any
school activity.
SECTION 5. Each board of trustees of a school district and
each governing body of an open-enrollment charter school shall take
a record vote not later than six months after the effective date of
this Act on whether to adopt a policy requiring every campus of the
district or school to provide a period of prayer under Section
25.082(e), Education Code, as added by this Act.
SECTION 6. This Act applies beginning with the 2019-2020
school year.
SECTION 7. 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, 2019.