Texas 2023 - 88th Regular

Texas House Bill HB1149 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R25150 JTZ-D
2	2	By: Swanson, Hefner, Buckley, Patterson, H.B. No. 1149
3	3	Slawson, et al.
4	4	Substitute the following for H.B. No. 1149:
5	5	By: Buckley C.S.H.B. No. 1149
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to parental consent for certain activities engaged in by a
11	11	school district employee or contractor with respect to the parent's
12	12	child.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 26.009, Education Code, is amended to
15	15	read as follows:
16	16	Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES. (a)
17	17	An employee or contractor of a school district must obtain the
18	18	written informed consent of a child's parent each time before the
19	19	employee or contractor may:
20	20	(1) conduct a psychological or psychiatric
21	21	examination or [,] test [,] or psychological or psychiatric
22	22	treatment, unless the examination, test, or treatment is required
23	23	under Section 38.004 or state or federal law regarding requirements
24	24	for special education; or
25	25	(2) make or authorize the making of a videotape of a
26	26	child or record or authorize the recording of a child's voice.
27	27	(a-1) For purposes of Subsection (a):
28	28	(1) "Psychological or psychiatric examination or
29	29	test" means a method designed to elicit information regarding an
30	30	attitude, habit, trait, opinion, belief, feeling, or mental
31	31	disorder or a condition thought to lead to a mental disorder,
32	32	regardless of the manner in which the method is presented or
33	33	characterized, including a method that is presented or
34	34	characterized as a survey, check-in, or screening or is embedded in
35	35	an academic lesson.
36	36	(2) "Psychological or psychiatric treatment" means
37	37	the planned, systematic use of a method, technique, or psychoactive
38	38	substance that is designed to affect behavioral, emotional, or
39	39	attitudinal characteristics of an individual or group.
40	40	(a-2) Subsection (a) may not be construed to limit the
41	41	authority of a school district employee or contractor to:
42	42	(1) verbally inquire about a child's general
43	43	well-being; or
44	44	(2) conduct an academic lesson, provided that the
45	45	lesson does not directly inquire or probe into a child's mental or
46	46	emotional state.
47	47	(b) An employee or contractor of a school district is not
48	48	required to obtain the consent of a child's parent before the
49	49	employee or contractor may make a videotape of a child or authorize
50	50	the recording of a child's voice if the videotape or voice recording
51	51	is to be used only for:
52	52	(1) purposes of safety, including the maintenance of
53	53	order and discipline in common areas of the school or on school
54	54	buses;
55	55	(2) a purpose related to a cocurricular or
56	56	extracurricular activity;
57	57	(3) a purpose related to regular classroom
58	58	instruction;
59	59	(4) media coverage of the school; or
60	60	(5) a purpose related to the promotion of student
61	61	safety under Section 29.022.
62	62	(c) A school district shall retain the written informed
63	63	consent of a child's parent obtained under this section as part of
64	64	the child's education records.
65	65	SECTION 2. This Act takes effect immediately if it receives
66	66	a vote of two-thirds of all the members elected to each house, as
67	67	provided by Section 39, Article III, Texas Constitution. If this
68	68	Act does not receive the vote necessary for immediate effect, this
69	69	Act takes effect September 1, 2023.