Texas 2021 - 87th Regular

Texas House Bill HB2399 Compare Versions

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

Old	New	Differences
1	1	By: Middleton H.B. No. 2399
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; BIBLE READING.
13	13	SECTION 2. Section 25.082, Education Code, is amended by
14	14	amending Subsections (c) and (d) and adding Subsections (e) and (f)
15	15	to read 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).
20	20	(d) The board of trustees of each school district and the
21	21	governing board of each open-enrollment charter school shall
22	22	provide for the observance of one minute of silence at each campus
23	23	following the recitation of the pledges of allegiance to the United
24	24	States and Texas flags under Subsection (b). During the one-minute
25	25	period, each student may, as the student chooses, reflect, pray,
26	26	meditate, or engage in any other silent activity that is not likely
27	27	to interfere with or distract another student. Each teacher or
28	28	other school employee in charge of students during that period
29	29	shall ensure that each of those students remains silent and does not
30	30	act in a manner that is likely to interfere with or distract another
31	31	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 and readings from the Bible
37	37	each day. A policy adopted under this Subsection must comply with
38	38	the requirements of Subsections (f), (g), (h), and (i).
39	39	(f) No student, teacher, or school employee may participate
40	40	in the period of prayer and readings from the Bible unless that
41	41	individual has executed and submitted to school officials a signed
42	42	consent form that:
43	43	(1) Acknowledges that the signatory has a free choice
44	44	in whether to hear or participate in the period of prayer and
45	45	readings from the Bible;
46	46	(2) States that the signatory has no objections to
47	47	hearing or participating in the period of prayer and readings from
48	48	the Bible; and
49	49	(3) Expressly waives any constitutional claims that
50	50	the signatory might assert against the school district or school
51	51	officials under the United States Supreme Court's interpretations
52	52	of the Establishment Clause, Article I, section 7 of the Texas
53	53	Constitution, or article VII, section 5(c) of the Texas
54	54	Constitution, and forever releases the school district and all
55	55	school officials from any such claims that the signatory might
56	56	assert in state or federal court.
57	57	(g) An individual who submits the consent form described in
58	58	this subsection may revoke that consent at any time by informing
59	59	school officials.
60	60	(h) Under no circumstance may a period of prayer and
61	61	readings from the Bible authorized by this Section be conducted
62	62	over a public address system, or in the presence or in the hearing
63	63	of any student, teacher, or school employee who has not submitted
64	64	the signed consent form described in Subsection (f), or who has
65	65	revoked their consent form under subsection (g).
66	66	(i) A policy adopted under Subsection (e) must ensure that
67	67	every student, teacher, and school employee who has not submitted
68	68	the signed consent form described in Subsection (f), or who has
69	69	revoked their consent form under Subsection (g), is protected from
70	70	anything that would inflict "injury in fact" under Article III of
71	71	the Constitution. This can be accomplished by:
72	72	(1) Holding the period of prayer and readings from the
73	73	Bible before the official start of each school day;
74	74	(2) Allowing the period of prayer and readings from
75	75	the Bible to occur only in classrooms where each student, teacher,
76	76	and school employee has submitted the signed consent form described
77	77	in Subsection (f);
78	78	(3) Obtaining unanimous consent from every student,
79	79	teacher, and employee at that school under Subsection (f); or
80	80	(4) Any other method recommended by the Attorney
81	81	General or by legal counsel.
82	82	(j) The attorney general, on request from the board of
83	83	trustees of a school district or the governing body of an
84	84	open-enrollment charter school, shall provide advice regarding
85	85	compliance with this section, including drafts of the consent forms
86	86	described in Subsection (f), and shall defend the district or
87	87	school in a cause of action arising out of the adoption of a policy
88	88	providing for a period of prayer and readings from the Bible under
89	89	Subsection (e). If the attorney general defends a district or
90	90	school under this subsection, the state is liable for the expenses,
91	91	costs, judgments, or settlements of the claims arising out of the
92	92	representation. The attorney general may settle or compromise any
93	93	and all claims under this subsection. The state may not be liable
94	94	for any expenses, costs, judgments, or settlements of any claims
95	95	arising out of the adoption of a policy providing for a period of
96	96	prayer under Subsection (e) against a district or school not being
97	97	represented by the attorney general.
98	98	(k) Any person, entity, lawyer, or law firm bringing a cause
99	99	of action arising out of the adoption of a policy providing for a
100	100	period of prayer under Subsection (e) against a district or school,
101	101	in any state or federal court, or that represents any litigant
102	102	seeking such relief in any state or federal court, shall be jointly
103	103	and severally liable to pay the costs and attorneys' fees of the
104	104	prevailing party or parties, notwithstanding any other provision of
105	105	law.
106	106	(l) A litigant shall be deemed a "prevailing party" under
107	107	this section if a state or federal court dismisses any claim or
108	108	cause of action brought against it that seeks the relief described
109	109	in subsection (k), regardless of the reason for such dismissal, or
110	110	if a state or federal court enters judgment in its favor on any such
111	111	claim or cause of action.
112	112	(m) A prevailing party under this section may bring a civil
113	113	action to recover costs and attorneys' fees against a person,
114	114	entity, lawyer, or law firm that sought declaratory or injunctive
115	115	relief described in subsection (a) within three (3) years of the
116	116	date on which the dismissal or judgment described in subsection (b)
117	117	becomes final upon the conclusion of appellate review, or within
118	118	three (3) years of the date on which the time for seeking appellate
119	119	review expires, regardless of whether the prevailing party sought
120	120	to recover costs or attorneys' fees in the underlying action. It
121	121	shall not be a defense that the prevailing party failed to seek
122	122	recovery of costs or attorneys' fees in the underlying action, and
123	123	it shall not be a defense that the court in the underlying action
124	124	declined to recognize or enforce the requirements of this section.
125	125	(n) An award of costs and attorneys' fees under this section
126	126	shall include interest.
127	127	(o) Notwithstanding any other law, a school district and
128	128	open-enrollment charter school shall have governmental immunity,
129	129	and every trustee of a school district, every member of a governing
130	130	body of an open-enrollment charter school, and every school
131	131	employee shall have official immunity, in any in any action, claim
132	132	or counterclaim, or any type of legal or equitable action that
133	133	challenges the validity or enforcement of any policy authorized by
134	134	Subsection (e), on constitutional grounds or otherwise, and no
135	135	court of this state shall have jurisdiction to consider any action,
136	136	claim or counterclaim, or any type of legal or equitable action that
137	137	challenges the validity or enforcement of any policy authorized by
138	138	Subsection (e).
139	139	(p) Notwithstanding any other law, no provision of state law
140	140	may be construed to waive or abrogate an immunity described by
141	141	Subsection (o) unless it explicitly repeals Subsection (o) with
142	142	specific reference to that subsection.
143	143	SECTION 3. Section 25.901, Education Code, is amended to
144	144	read as follows:
145	145	Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A
146	146	public school student has an absolute right to individually,
147	147	voluntarily, and silently pray or meditate in school in a manner
148	148	that does not disrupt the instructional or other activities of the
149	149	school. A person may not require[, encourage,] or coerce a student
150	150	to engage in or refrain from such prayer or meditation during any
151	151	school activity.
152	152	SECTION 4. Each board of trustees of a school district and
153	153	each governing body of an open-enrollment charter school shall take
154	154	a record vote not later than six months after the effective date of
155	155	this Act on whether to adopt a policy requiring every campus of the
156	156	district or school to provide a period of prayer under Section
157	157	25.082(e), Education Code, as added by this Act.
158	158	SECTION 5. This Act applies beginning with the 2021-2022
159	159	school year.
160	160	SECTION 6. This Act takes effect immediately if it receives
161	161	a vote of two-thirds of all the members elected to each house, as
162	162	provided by Section 39, Article III, Texas Constitution. If this
163	163	Act does not receive the vote necessary for immediate effect, this
164	164	Act takes effect September 1, 2021.