88R3449 JTZ-F
By: Swanson H.B. No. 1149
A BILL TO BE ENTITLED
AN ACT
relating to requiring parental consent for psychological or
psychiatric examination, testing, or treatment conducted by a
school district employee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.009, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) An employee of a school district must obtain the written
consent of a child's parent before the employee may:
(1) conduct a psychological or psychiatric
examination or [,] test [,] or psychological or psychiatric
treatment, unless the examination, test, or treatment is required
under Section 38.004 or state or federal law regarding requirements
for special education; or
(2) make or authorize the making of a videotape of a
child or record or authorize the recording of a child's voice.
(a-1) For purposes of Subsection (a):
(1) "Psychological or psychiatric examination or
test" means a method designed to elicit information regarding an
attitude, habit, trait, opinion, belief, feeling, or mental
disorder or a condition thought to lead to a mental disorder,
regardless of the manner in which the method is presented or
characterized, including a method that is presented or
characterized as a survey, check-in, or screening or is embedded in
an academic lesson.
(2) "Psychological or psychiatric treatment" means
the planned, systematic use of a method, technique, or psychoactive
substance that is designed to affect behavioral, emotional, or
attitudinal characteristics of an individual or group.
SECTION 2. 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, 2023.