| 1 | 1 | | 88R3449 JTZ-F |
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| 2 | 2 | | By: Hall S.B. No. 400 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring parental consent for psychological or |
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| 8 | 8 | | psychiatric examination, testing, or treatment conducted by a |
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| 9 | 9 | | school district employee. |
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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. Section 26.009, Education Code, is amended by |
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| 12 | 12 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (a) An employee of a school district must obtain the written |
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| 15 | 15 | | consent of a child's parent before the employee may: |
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| 16 | 16 | | (1) conduct a psychological or psychiatric |
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| 17 | 17 | | examination or [,] test [,] or psychological or psychiatric |
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| 18 | 18 | | treatment, unless the examination, test, or treatment is required |
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| 19 | 19 | | under Section 38.004 or state or federal law regarding requirements |
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| 20 | 20 | | for special education; or |
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| 21 | 21 | | (2) make or authorize the making of a videotape of a |
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| 22 | 22 | | child or record or authorize the recording of a child's voice. |
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| 23 | 23 | | (a-1) For purposes of Subsection (a): |
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| 24 | 24 | | (1) "Psychological or psychiatric examination or |
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| 25 | 25 | | test" means a method designed to elicit information regarding an |
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| 26 | 26 | | attitude, habit, trait, opinion, belief, feeling, or mental |
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| 27 | 27 | | disorder or a condition thought to lead to a mental disorder, |
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| 28 | 28 | | regardless of the manner in which the method is presented or |
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| 29 | 29 | | characterized, including a method that is presented or |
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| 30 | 30 | | characterized as a survey, check-in, or screening or is embedded in |
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| 31 | 31 | | an academic lesson. |
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| 32 | 32 | | (2) "Psychological or psychiatric treatment" means |
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| 33 | 33 | | the planned, systematic use of a method, technique, or psychoactive |
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| 34 | 34 | | substance that is designed to affect behavioral, emotional, or |
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| 35 | 35 | | attitudinal characteristics of an individual or group. |
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| 36 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2023. |
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