88R8510 JTZ-D
By: Hall S.B. No. 1031
A BILL TO BE ENTITLED
AN ACT
relating to studies or surveys on children's sexual behavior
conducted at or by a public primary or secondary school, a public
institution of higher education, a prescription drug manufacturer,
a research entity, or another person; creating criminal offenses;
imposing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0043 to read as follows:
Sec. 38.0043. PROHIBITION ON STUDY OR SURVEY OF CHILD
SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) A school district may
not conduct or permit a third party to conduct a study or survey on a
child's sexual behavior.
(b) A person commits an offense if the person violates
Subsection (a). An offense under this subsection is a state jail
felony.
(c) In addition to the criminal penalty under Subsection
(b), a person who violates Subsection (a) is liable to the state for
a civil penalty in an amount not less than $1,000 or more than
$5,000 for each child unlawfully included in the study or survey.
The attorney general may investigate an alleged violation of
Subsection (a) and may sue to collect the civil penalty described by
this subsection.
SECTION 2. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9762 to read as follows:
Sec. 51.9762. PROHIBITION ON STUDY OR SURVEY OF CHILD
SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) In this section,
"institution of higher education" has the meaning assigned by
Section 61.003.
(b) An institution of higher education may not conduct a
study or survey on a child's sexual behavior.
(c) A person commits an offense if the person violates
Subsection (b). An offense under this subsection is a state jail
felony.
(d) In addition to the criminal penalty under Subsection
(c), a person who violates Subsection (b) is liable to the state for
a civil penalty in an amount not less than $1,000 or more than
$5,000 for each violation. The attorney general may investigate an
alleged violation of Subsection (b) and may sue to collect the civil
penalty described by this subsection.
SECTION 3. Chapter 161, Health and Safety Code, is amended
by adding Subchapter X to read as follows:
SUBCHAPTER X. STUDIES AND SURVEYS OF CHILD SEXUAL BEHAVIOR
Sec. 161.701. RESTRICTIONS ON STUDIES AND SURVEYS OF CHILD
SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) A person, including a
prescription drug manufacturer or research entity, may not conduct
a study or survey on a child's sexual behavior unless the parent of
the child or person standing in parental relation to the child
provides written consent for the child's inclusion in the study or
survey. This subsection does not authorize the conduct of a study or
survey prohibited under other law, including Sections 38.0043 and
51.9762, Education Code.
(b) Information disclosed as part of a study or survey
described by Subsection (a) indicating that a child has been abused
or neglected, as those terms are defined by Section 261.001, Family
Code, must be reported in accordance with Subchapter B, Chapter
261, Family Code.
(c) A person commits an offense if the person violates
Subsection (a). An offense under this subsection is a state jail
felony.
(d) In addition to the criminal penalty under Subsection
(c), a person who violates Subsection (a) is liable to the state for
a civil penalty in an amount not less than $1,000 or more than
$5,000 for each child unlawfully included in the study or survey.
The attorney general may investigate an alleged violation of
Subsection (a) and may sue to collect the civil penalty described by
this subsection.
SECTION 4. This Act takes effect September 1, 2023.