88R25150 JTZ-D
By: Swanson, Hefner, Buckley, Patterson, H.B. No. 1149
Slawson, et al.
Substitute the following for H.B. No. 1149:
By: Buckley C.S.H.B. No. 1149
A BILL TO BE ENTITLED
AN ACT
relating to parental consent for certain activities engaged in by a
school district employee or contractor with respect to the parent's
child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.009, Education Code, is amended to
read as follows:
Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES. (a)
An employee or contractor of a school district must obtain the
written informed consent of a child's parent each time before the
employee or contractor 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.
(a-2) Subsection (a) may not be construed to limit the
authority of a school district employee or contractor to:
(1) verbally inquire about a child's general
well-being; or
(2) conduct an academic lesson, provided that the
lesson does not directly inquire or probe into a child's mental or
emotional state.
(b) An employee or contractor of a school district is not
required to obtain the consent of a child's parent before the
employee or contractor may make a videotape of a child or authorize
the recording of a child's voice if the videotape or voice recording
is to be used only for:
(1) purposes of safety, including the maintenance of
order and discipline in common areas of the school or on school
buses;
(2) a purpose related to a cocurricular or
extracurricular activity;
(3) a purpose related to regular classroom
instruction;
(4) media coverage of the school; or
(5) a purpose related to the promotion of student
safety under Section 29.022.
(c) A school district shall retain the written informed
consent of a child's parent obtained under this section as part of
the child's education records.
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.