| 1 | 1 | | By: Hall S.B. No. 1031 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to studies or surveys on children's sexual behavior |
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| 7 | 7 | | conducted at or by a public primary or secondary school or by a |
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| 8 | 8 | | public or private institution of higher education or another |
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| 9 | 9 | | person; creating criminal offenses; imposing civil penalties. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 12 | 12 | | amended by adding Section 38.0043 to read as follows: |
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| 13 | 13 | | Sec. 38.0043. PROHIBITION ON STUDY OR SURVEY OF CHILD |
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| 14 | 14 | | SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) A school district may |
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| 15 | 15 | | not conduct or permit a third party to conduct a study or survey on a |
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| 16 | 16 | | child's sexual behavior. |
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| 17 | 17 | | (b) A person commits an offense if the person violates |
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| 18 | 18 | | Subsection (a). An offense under this subsection is a state jail |
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| 19 | 19 | | felony. |
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| 20 | 20 | | (c) In addition to the criminal penalty under Subsection |
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| 21 | 21 | | (b), a person who violates Subsection (a) is liable to the state for |
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| 22 | 22 | | a civil penalty in an amount not less than $1,000 or more than |
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| 23 | 23 | | $5,000 for each child unlawfully included in the study or survey. |
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| 24 | 24 | | The attorney general may investigate an alleged violation of |
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| 25 | 25 | | Subsection (a) and may sue to collect the civil penalty described by |
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| 26 | 26 | | this subsection. |
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| 27 | 27 | | SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
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| 28 | 28 | | amended by adding Section 51.9762 to read as follows: |
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| 29 | 29 | | Sec. 51.9762. RESTRICTION ON STUDY OR SURVEY OF CHILD |
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| 30 | 30 | | SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) In this section, |
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| 31 | 31 | | "institution of higher education" has the meaning assigned by |
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| 32 | 32 | | Section 61.003. |
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| 33 | 33 | | (b) An institution of higher education or a private |
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| 34 | 34 | | institution of higher education may not conduct a study or survey on |
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| 35 | 35 | | a child's sexual behavior unless the parent of the child or person |
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| 36 | 36 | | standing in parental relation to the child provides written |
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| 37 | 37 | | informed consent for the child's inclusion in the study or survey. |
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| 38 | 38 | | This subsection does not authorize the conduct of a study or survey |
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| 39 | 39 | | prohibited under other law, including Section 38.0043. |
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| 40 | 40 | | (c) Information disclosed as part of a study or survey |
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| 41 | 41 | | described by Subsection (b) indicating that a child has been abused |
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| 42 | 42 | | or neglected, as those terms are defined by Section 261.001, Family |
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| 43 | 43 | | Code, must be reported in accordance with Subchapter B, Chapter |
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| 44 | 44 | | 261, Family Code. |
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| 45 | 45 | | (d) A person commits an offense if the person violates |
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| 46 | 46 | | Subsection (b). An offense under this subsection is a state jail |
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| 47 | 47 | | felony. |
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| 48 | 48 | | (e) In addition to the criminal penalty under Subsection |
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| 49 | 49 | | (d), a person who violates Subsection (b) is liable to the state for |
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| 50 | 50 | | a civil penalty in an amount not less than $1,000 or more than |
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| 51 | 51 | | $5,000 for each child unlawfully included in the study or survey. |
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| 52 | 52 | | The attorney general may investigate an alleged violation of |
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| 53 | 53 | | Subsection (b) and may sue to collect the civil penalty described by |
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| 54 | 54 | | this subsection. |
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| 55 | 55 | | (f) An institution of higher education or a private or |
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| 56 | 56 | | independent institution of higher education that conducts a study |
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| 57 | 57 | | or survey described by Subsection (b) shall provide to each parent |
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| 58 | 58 | | of or person standing in parental relation to a child who provides |
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| 59 | 59 | | consent for the child's inclusion in the study or survey: |
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| 60 | 60 | | (1) a copy of the survey or study materials given to |
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| 61 | 61 | | the child; and |
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| 62 | 62 | | (2) an opportunity to oversee the child's |
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| 63 | 63 | | participation in the study or survey. |
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| 64 | 64 | | SECTION 3. Chapter 161, Health and Safety Code, is amended |
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| 65 | 65 | | by adding Subchapter X to read as follows: |
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| 66 | 66 | | SUBCHAPTER X. STUDIES AND SURVEYS OF CHILD SEXUAL BEHAVIOR |
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| 67 | 67 | | Sec. 161.701. RESTRICTION ON STUDY OR SURVEY OF CHILD |
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| 68 | 68 | | SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) A person may not |
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| 69 | 69 | | conduct a study or survey on a child's sexual behavior unless the |
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| 70 | 70 | | parent of the child or person standing in parental relation to the |
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| 71 | 71 | | child provides written informed consent for the child's inclusion |
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| 72 | 72 | | in the study or survey. This subsection does not authorize the |
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| 73 | 73 | | conduct of a study or survey prohibited under other law, including |
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| 74 | 74 | | Sections 38.0043 and 51.9762, Education Code. |
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| 75 | 75 | | (b) Information disclosed as part of a study or survey |
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| 76 | 76 | | described by Subsection (a) indicating that a child has been abused |
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| 77 | 77 | | or neglected, as those terms are defined by Section 261.001, Family |
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| 78 | 78 | | Code, must be reported in accordance with Subchapter B, Chapter |
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| 79 | 79 | | 261, Family Code. |
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| 80 | 80 | | (c) A person commits an offense if the person violates |
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| 81 | 81 | | Subsection (a). An offense under this subsection is a state jail |
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| 82 | 82 | | felony. |
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| 83 | 83 | | (d) In addition to the criminal penalty under Subsection |
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| 84 | 84 | | (c), a person who violates Subsection (a) is liable to the state for |
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| 85 | 85 | | a civil penalty in an amount not less than $1,000 or more than |
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| 86 | 86 | | $5,000 for each child unlawfully included in the study or survey. |
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| 87 | 87 | | The attorney general may investigate an alleged violation of |
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| 88 | 88 | | Subsection (a) and may sue to collect the civil penalty described by |
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| 89 | 89 | | this subsection. |
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| 90 | 90 | | (e) A person who conducts a study or survey described by |
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| 91 | 91 | | Subsection (a) shall provide to each parent of or person standing in |
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| 92 | 92 | | parental relation to a child who provides consent for the child's |
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| 93 | 93 | | inclusion in the study or survey: |
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| 94 | 94 | | (1) a copy of the survey or study materials given to |
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| 95 | 95 | | the child; and |
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| 96 | 96 | | (2) an opportunity to oversee the child's |
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| 97 | 97 | | participation in the study or survey. |
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| 98 | 98 | | SECTION 4. This Act takes effect September 1, 2023. |
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