Texas 2019 - 86th Regular

Texas Senate Bill SB784 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hughes, Campbell S.B. No. 784
	1	+	By: Hughes S.B. No. 784
	2	+	(In the Senate - Filed February 12, 2019; March 1, 2019,
	3	+	read first time and referred to Committee on Education;
	4	+	April 30, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 3; April 30, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 784 By: Hughes
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to local school health advisory councils and health
7	14		education provided by school districts, including requirements
8	15		regarding human sexuality instruction.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. Section 28.004, Education Code, is amended by
11	18		amending Subsections (d), (d-1), (h), (i), (i-1), and (j) and
12	19		adding Subsections (e-1) and (e-2) to read as follows:
13	20		(d) The local school health advisory council must consist of
14	21		at least five members, with each member appointed by the [The] board
15	22		of trustees [shall appoint at least five members to the local school
16	23		health advisory council]. A majority of the members must be persons
17	24		who are parents of students enrolled in the district and who are not
18	25		employed by the district. One of those members shall serve as chair
19	26		or co-chair of the council. The board of trustees also may appoint
20	27		one or more persons from each of the following groups or a
21	28		representative from a group other than a group specified under this
22	29		subsection:
23	30		(1) public school teachers;
24	31		(2) public school administrators;
25	32		(3) district students;
26	33		(4) health care professionals;
27	34		(5) the business community;
28	35		(6) law enforcement;
29	36		(7) senior citizens;
30	37		(8) the clergy;
31	38		(9) nonprofit health organizations; and
32	39		(10) local domestic violence programs.
33	40		(d-1) The local school health advisory council shall meet at
34	41		least four times each year and promptly submit the minutes of each
35	42		meeting to the school district. As soon as practicable after
36	43		receipt of minutes under this subsection, the district shall post
37	44		the minutes on the district's Internet website, if the district has
38	45		an Internet website.
39	46		(e-1) The board of trustees shall adopt a policy
40	47		establishing a process for the adoption of curriculum or curriculum
41	48		materials for the district's human sexuality instruction. The
42	49		policy must require:
43	50		(1) the board to adopt a resolution convening the
44	51		local school health advisory council for the purpose of making
45	52		recommendations regarding the curriculum or curriculum materials;
46	53		(2) the local school health advisory council to:
47	54		(A) after the board's adoption of the resolution
48	55		under Subdivision (1), hold at least two public meetings, at which
49	56		an opportunity for public comment is provided, on the curriculum or
50	57		curriculum materials before adopting recommendations; and
51	58		(B) provide the recommendations adopted under
52	59		Paragraph (A) to the board at a public meeting of the board, at
53	60		which an opportunity for public comment is provided; and
54	61		(3) the board, after receipt of the local school
55	62		health advisory council's recommendations under Subdivision (2),
56	63		to take action on the adoption of the recommendations by a record
57	64		vote at a public meeting.
58	65		(e-2) The commissioner shall adopt rules requiring school
59	66		districts to use a process for adopting curriculum materials for
60	67		the district's human sexuality instruction, subject to the
61	68		requirements under Subsection (e-1), that is substantially similar
62	69		to the process used by the State Board of Education in adopting its
63	70		list of instructional materials under Section 31.023.
64	71		(h) The board of trustees shall determine the specific
65	72		content of the district's instruction in human sexuality, in
66	73		accordance with this section [Subsections (e), (f), and (g)].
67	74		(i) Before each school year, a school district shall provide
68	75		written notice to a parent of each student enrolled in the district
69	76		of the board of trustees' decision regarding whether the district
70	77		will provide human sexuality instruction to district students. If
71	78		instruction will be provided, the notice must include:
72	79		(1) a summary of the basic content of the district's
73	80		human sexuality instruction to be provided to the student,
74	81		including a statement informing the parent of the instructional
75	82		requirements under state law;
76	83		(2) each date on which the district's human sexuality
77	84		instruction will be provided to the student along with a detailed
78	85		description of the content of the instruction to be provided on that
79	86		date;
80	87		(3) a statement of the parent's right to:
81	88		(A) receive a copy of [review] curriculum
82	89		materials as provided by Subsection (j); [and]
83	90		(B) remove the student from any part of the
84	91		district's human sexuality instruction without subjecting the
85	92		student to any disciplinary action, academic penalty, or other
86	93		sanction imposed by the district or the student's school; and
87	94		(C) use the grievance procedure as provided by
88	95		Subsection (i-1) or the appeals process under Section 7.057
89	96		concerning a complaint of a violation of this section;
90	97		(4) a statement that the curriculum materials for the
91	98		district's human sexuality instruction must be posted on the
92	99		district's Internet website and the Internet website address at
93	100		which the curriculum materials are located; and
94	101		(5) [(3)] information describing the opportunities
95	102		for parental involvement in the development of the curriculum to be
96	103		used in human sexuality instruction, including information
97	104		regarding the local school health advisory council established
98	105		under Subsection (a).
99	106		(i-1) A parent may use the grievance procedure adopted under
100	107		Section 26.011 concerning a complaint of a violation of this
101	108		section [Subsection (i)].
102	109		(j) A school district shall:
103	110		(1) on request by a parent of a student enrolled in the
104	111		district, provide by mail or e-mail to the parent a copy of [make]
105	112		all curriculum materials used in the district's human sexuality
106	113		instruction; and
107	114		(2) post on the district's Internet website all
108	115		curriculum materials used in the district's human sexuality
109	116		instruction [available for reasonable public inspection].
110	117		SECTION 2. Section 551.001(3), Government Code, is amended
111	118		to read as follows:
112	119		(3) "Governmental body" means:
113	120		(A) a board, commission, department, committee,
114	121		or agency within the executive or legislative branch of state
115	122		government that is directed by one or more elected or appointed
116	123		members;
117	124		(B) a county commissioners court in the state;
118	125		(C) a municipal governing body in the state;
119	126		(D) a deliberative body that has rulemaking or
120	127		quasi-judicial power and that is classified as a department,
121	128		agency, or political subdivision of a county or municipality;
122	129		(E) a school district board of trustees;
123	130		(F) a county board of school trustees;
124	131		(G) a county board of education;
125	132		(H) the governing board of a special district
126	133		created by law;
127	134		(I) a local workforce development board created
128	135		under Section 2308.253;
129	136		(J) a nonprofit corporation that is eligible to
130	137		receive funds under the federal community services block grant
131	138		program and that is authorized by this state to serve a geographic
132	139		area of the state;
133	140		(K) a nonprofit corporation organized under
134	141		Chapter 67, Water Code, that provides a water supply or wastewater
135	142		service, or both, and is exempt from ad valorem taxation under
136	143		Section 11.30, Tax Code; [and]
137	144		(L) a joint board created under Section 22.074,
138	145		Transportation Code; and
139	146		(M) a local school health advisory council
140	147		established under Section 28.004, Education Code.
141	148		SECTION 3. Section 552.003(1), Government Code, is amended
142	149		to read as follows:
143	150		(1) "Governmental body":
144	151		(A) means:
145	152		(i) a board, commission, department,
146	153		committee, institution, agency, or office that is within or is
147	154		created by the executive or legislative branch of state government
148	155		and that is directed by one or more elected or appointed members;
149	156		(ii) a county commissioners court in the
150	157		state;
151	158		(iii) a municipal governing body in the
152	159		state;
153	160		(iv) a deliberative body that has
154	161		rulemaking or quasi-judicial power and that is classified as a
155	162		department, agency, or political subdivision of a county or
156	163		municipality;
157	164		(v) a school district board of trustees;
158	165		(vi) a county board of school trustees;
159	166		(vii) a county board of education;
160	167		(viii) the governing board of a special
161	168		district;
162	169		(ix) the governing body of a nonprofit
163	170		corporation organized under Chapter 67, Water Code, that provides a
164	171		water supply or wastewater service, or both, and is exempt from ad
165	172		valorem taxation under Section 11.30, Tax Code;
166	173		(x) a local workforce development board
167	174		created under Section 2308.253;
168	175		(xi) a nonprofit corporation that is
169	176		eligible to receive funds under the federal community services
170	177		block grant program and that is authorized by this state to serve a
171	178		geographic area of the state; [and]
172	179		(xii) the part, section, or portion of an
173	180		organization, corporation, commission, committee, institution, or
174	181		agency that spends or that is supported in whole or in part by
175	182		public funds; and
176	183		(xiii) a local school health advisory
177	184		council established under Section 28.004, Education Code; and
178	185		(B) does not include the judiciary.
179	186		SECTION 4. Sections 28.004(d), (d-1), (i), (i-1), and (j),
180	187		Education Code, as amended by this Act, apply beginning with the
181	188		2019-2020 school year.
182	189		SECTION 5. Sections 28.004(e-1) and (e-2), Education Code,
183	190		as added by this Act, and Section 28.004(h), Education Code, as
184	191		amended by this Act, apply beginning with the 2020-2021 school
185	192		year.
186	193		SECTION 6. (a) Section 551.001, Government Code, as
187	194		amended by this Act, applies only to a meeting held on or after
188	195		September 1, 2019. A meeting held before September 1, 2019, is
189	196		governed by the law in effect immediately before September 1, 2019,
190	197		and the former law is continued in effect for that purpose.
191	198		(b) Section 552.003, Government Code, as amended by this
192	199		Act, applies only to a request for public information received on or
193	200		after September 1, 2019. A request for public information received
194	201		before September 1, 2019, is governed by the law in effect when the
195	202		request was received, and the former law is continued in effect for
196	203		that purpose.
197	204		SECTION 7. This Act takes effect immediately if it receives
198	205		a vote of two-thirds of all the members elected to each house, as
199	206		provided by Section 39, Article III, Texas Constitution. If this
200	207		Act does not receive the vote necessary for immediate effect, this
201	208		Act takes effect September 1, 2019.
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