Texas 2023 - 88th Regular

Texas Senate Bill SB1396 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Middleton, et al. S.B. No. 1396
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a period of prayer and reading of the Bible or other
7	7	religious text in public schools.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter C, Chapter 25, Education Code, is
10	10	amended by adding Section 25.0823 to read as follows:
11	11	Sec. 25.0823. PERIOD OF PRAYER AND READING OF BIBLE OR OTHER
12	12	RELIGIOUS TEXT. (a) The board of trustees of a school district or
13	13	the governing body of an open-enrollment charter school that is not
14	14	operated by or affiliated with a religious organization may by
15	15	record vote adopt a policy requiring every campus of the district or
16	16	school to provide students and employees with an opportunity to
17	17	participate in a period of prayer and reading of the Bible or other
18	18	religious text on each school day in accordance with this section.
19	19	(b) A policy adopted under Subsection (a) must prohibit:
20	20	(1) a student or employee of the school district or
21	21	open-enrollment charter school from being permitted to participate
22	22	in the period of prayer and reading of the Bible or other religious
23	23	text unless the employee or parent or guardian of the student
24	24	submits to the district a signed consent form that includes:
25	25	(A) an acknowledgment that the student or
26	26	employee has a choice as to whether to participate in the period of
27	27	prayer and reading of the Bible or other religious text;
28	28	(B) a statement that the person has no objection
29	29	to the student's or employee's participation in or hearing of the
30	30	prayers or readings offered during the period; and
31	31	(C) an express waiver of the person's right to
32	32	bring a claim under state or federal law arising out of the adoption
33	33	of a policy under this section, including a claim under the
34	34	Establishment Clause of the First Amendment to the United States
35	35	Constitution or a related state or federal law, releasing the
36	36	district or school and district or school employees from liability
37	37	for those claims brought in state or federal court;
38	38	(2) the provision of a prayer or reading of the Bible
39	39	or other religious text over a public address system; and
40	40	(3) a period of prayer or reading of the Bible or other
41	41	religious text may not be a substitute for instructional time.
42	42	(c) An employee or parent or guardian of a student may
43	43	revoke the person's consent provided under Subsection (b)(1) by
44	44	informing the appropriate school administrator, as determined by
45	45	the school district or open-enrollment charter school. An employee
46	46	or student for whom consent has been revoked under this subsection:
47	47	(1) may not participate in the period of prayer and
48	48	reading of the Bible or other religious text until the employee or
49	49	parent or guardian of the student submits to the district or school
50	50	a new consent form under Subsection (b)(1); and
51	51	(2) remains bound by the waiver described by
52	52	Subsection (b)(1)(C).
53	53	(d) A policy adopted under Subsection (a):
54	54	(1) must include provisions ensuring a prayer or
55	55	reading of the Bible or other religious text is not provided in the
56	56	physical presence of, within the hearing of, or in another manner
57	57	which would constitute an injury in fact within the meaning of the
58	58	United States or Texas Constitution on a person for whom a signed
59	59	consent form has not been submitted under Subsection (b)(1) or has
60	60	been revoked under Subsection (c); and
61	61	(2) in order to comply with this subsection, may
62	62	require that the period of prayer and reading of the Bible or other
63	63	religious text be provided:
64	64	(A) before normal school hours;
65	65	(B) only in classrooms or other areas in which a
66	66	consent form under Subsection (b)(1) has been submitted for every
67	67	employee and student, which may include an entire district or
68	68	school campus if a consent form has been submitted for each employee
69	69	and student at the campus; or
70	70	(C) by any other method recommended by the
71	71	attorney general or legal counsel for the district or school.
72	72	(e) The attorney general, on request from the board of
73	73	trustees of a school district or the governing body of an
74	74	open-enrollment charter school, shall:
75	75	(1) provide advice on best methods for a district or
76	76	school to comply with the requirements of this section;
77	77	(2) provide a model consent form that may be used for
78	78	purposes of providing consent under Subsection (b)(1); and
79	79	(3) defend the district or school in a cause of action
80	80	arising out of the adoption of a policy under Subsection (a).
81	81	(f) If the attorney general defends a district or school
82	82	under Subsection (e)(3), the state is liable for the expenses,
83	83	costs, judgments, or settlements of the claims arising out of the
84	84	representation. The attorney general may settle or compromise any
85	85	and all claims under this subsection. The state may not be liable
86	86	for any expenses, costs, judgments, or settlements of any claims
87	87	arising out of the adoption of a policy under Subsection (a) against
88	88	a district or school not being represented by the attorney general.
89	89	(g) Regardless of whether the board of trustees of a school
90	90	district or the governing body of an open-enrollment charter school
91	91	adopts a policy under Subsection (a), this section does not
92	92	prohibit a student or employee of the district or school from
93	93	participating in prayer or reading the Bible or other religious
94	94	text during a period of the school day that is not designated as a
95	95	period of prayer and reading of the Bible or other religious text.
96	96	SECTION 2. Section 25.901, Education Code, is amended to
97	97	read as follows:
98	98	Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A
99	99	public school student has an absolute right to individually,
100	100	voluntarily, and silently pray or meditate in school in a manner
101	101	that does not disrupt the instructional or other activities of the
102	102	school. A person may not require[, encourage,] or coerce a student
103	103	to engage in or refrain from such prayer or meditation during any
104	104	school activity.
105	105	SECTION 3. Each board of trustees of a school district and
106	106	each governing body of an open-enrollment charter school shall take
107	107	a record vote not later than six months after the effective date of
108	108	this Act on whether to adopt a policy requiring every campus of the
109	109	district or school to provide a period of prayer and reading of the
110	110	Bible or other religious text under Section 25.0823, Education
111	111	Code, as added by this Act.
112	112	SECTION 4. This Act applies beginning with the 2023-2024
113	113	school year.
114	114	SECTION 5. This Act takes effect immediately if it receives
115	115	a vote of two-thirds of all the members elected to each house, as
116	116	provided by Section 39, Article III, Texas Constitution. If this
117	117	Act does not receive the vote necessary for immediate effect, this
118	118	Act takes effect September 1, 2023.