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 or by a
public or private institution of higher education 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. RESTRICTION 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 or a private
institution of higher education 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
informed 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 Section 38.0043.
(c) Information disclosed as part of a study or survey
described by Subsection (b) 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.
(d) A person commits an offense if the person violates
Subsection (b). An offense under this subsection is a state jail
felony.
(e) In addition to the criminal penalty under Subsection
(d), 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 child unlawfully included in the study or survey.
The attorney general may investigate an alleged violation of
Subsection (b) and may sue to collect the civil penalty described by
this subsection.
(f) An institution of higher education or a private or
independent institution of higher education that conducts a study
or survey described by Subsection (b) shall provide to each parent
of or person standing in parental relation to a child who provides
consent for the child's inclusion in the study or survey:
(1) a copy of the survey or study materials given to
the child; and
(2) an opportunity to oversee the child's
participation in the study or survey.
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. RESTRICTION ON STUDY OR SURVEY OF CHILD
SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) A person 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 informed 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.
(e) A person who conducts a study or survey described by
Subsection (a) shall provide to each parent of or person standing in
parental relation to a child who provides consent for the child's
inclusion in the study or survey:
(1) a copy of the survey or study materials given to
the child; and
(2) an opportunity to oversee the child's
participation in the study or survey.
SECTION 4. This Act takes effect September 1, 2023.