Texas 2023 - 88th 1st C.S.

Texas Senate Bill SB19 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Middleton S.B. No. 19
2	2	(In the Senate - Filed June 7, 2023; June 8, 2023, read
3	3	first time and referred to Committee on State Affairs;
4	4	June 15, 2023, reported favorably by the following vote: Yeas 7,
5	5	Nays 2; June 15, 2023, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to a period of prayer and reading of the Bible or other
12	12	religious text in public schools.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter C, Chapter 25, Education Code, is
15	15	amended by adding Section 25.0823 to read as follows:
16	16	Sec. 25.0823. PERIOD OF PRAYER AND READING OF BIBLE OR OTHER
17	17	RELIGIOUS TEXT. (a) The board of trustees of a school district or
18	18	the governing body of an open-enrollment charter school that is not
19	19	operated by or affiliated with a religious organization may by
20	20	record vote adopt a policy requiring every campus of the district or
21	21	school to provide students and employees with an opportunity to
22	22	participate in a period of prayer and reading of the Bible or other
23	23	religious text on each school day in accordance with this section.
24	24	(b) A policy adopted under Subsection (a) must prohibit:
25	25	(1) a student or employee of the school district or
26	26	open-enrollment charter school from being permitted to participate
27	27	in the period of prayer and reading of the Bible or other religious
28	28	text unless the employee or parent or guardian of the student
29	29	submits to the district a signed consent form that includes:
30	30	(A) an acknowledgment that the student or
31	31	employee has a choice as to whether to participate in the period of
32	32	prayer and reading of the Bible or other religious text;
33	33	(B) a statement that the person has no objection
34	34	to the student's or employee's participation in or hearing of the
35	35	prayers or readings offered during the period; and
36	36	(C) an express waiver of the person's right to
37	37	bring a claim under state or federal law arising out of the adoption
38	38	of a policy under this section, including a claim under the
39	39	Establishment Clause of the First Amendment to the United States
40	40	Constitution or a related state or federal law, releasing the
41	41	district or school and district or school employees from liability
42	42	for those claims brought in state or federal court;
43	43	(2) the provision of a prayer or reading of the Bible
44	44	or other religious text over a public address system; and
45	45	(3) a period of prayer and reading of the Bible or
46	46	other religious text from interfering with or being provided as a
47	47	substitute for instructional time.
48	48	(c) An employee or parent or guardian of a student may
49	49	revoke the person's consent provided under Subsection (b)(1) by
50	50	informing the appropriate school administrator, as determined by
51	51	the school district or open-enrollment charter school. An employee
52	52	or student for whom consent has been revoked under this subsection:
53	53	(1) may not participate in the period of prayer and
54	54	reading of the Bible or other religious text until the employee or
55	55	parent or guardian of the student submits to the district or school
56	56	a new consent form under Subsection (b)(1); and
57	57	(2) remains bound by the waiver described by
58	58	Subsection (b)(1)(C).
59	59	(d) A policy adopted under Subsection (a):
60	60	(1) must include provisions ensuring a prayer or
61	61	reading of the Bible or other religious text is not provided in the
62	62	physical presence of, within the hearing of, or in another manner
63	63	which would constitute an injury in fact within the meaning of the
64	64	United States or Texas Constitution on a person for whom a signed
65	65	consent form has not been submitted under Subsection (b)(1) or has
66	66	been revoked under Subsection (c); and
67	67	(2) in order to comply with this subsection, may
68	68	require that the period of prayer and reading of the Bible or other
69	69	religious text be provided:
70	70	(A) before normal school hours;
71	71	(B) only in classrooms or other areas in which a
72	72	consent form under Subsection (b)(1) has been submitted for every
73	73	employee and student, which may include an entire district or
74	74	school campus if a consent form has been submitted for each employee
75	75	and student at the campus; or
76	76	(C) by any other method recommended by the
77	77	attorney general or legal counsel for the district or school.
78	78	(e) The attorney general, on request from the board of
79	79	trustees of a school district or the governing body of an
80	80	open-enrollment charter school, shall:
81	81	(1) provide advice on best methods for a district or
82	82	school to comply with the requirements of this section;
83	83	(2) provide a model consent form that may be used for
84	84	purposes of providing consent under Subsection (b)(1); and
85	85	(3) defend the district or school in a cause of action
86	86	arising out of the adoption of a policy under Subsection (a).
87	87	(f) If the attorney general defends a district or school
88	88	under Subsection (e)(3), the state is liable for the expenses,
89	89	costs, judgments, or settlements of the claims arising out of the
90	90	representation. The attorney general may settle or compromise any
91	91	and all claims under this subsection. The state may not be liable
92	92	for any expenses, costs, judgments, or settlements of any claims
93	93	arising out of the adoption of a policy under Subsection (a) against
94	94	a district or school not being represented by the attorney general.
95	95	(g) Regardless of whether the board of trustees of a school
96	96	district or the governing body of an open-enrollment charter school
97	97	adopts a policy under Subsection (a), this section does not
98	98	prohibit a student or employee of the district or school from
99	99	participating in prayer or reading the Bible or other religious
100	100	text during a period of the school day that is not designated as a
101	101	period of prayer and reading of the Bible or other religious text.
102	102	SECTION 2. Section 25.901, Education Code, is amended to
103	103	read as follows:
104	104	Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A
105	105	public school student has an absolute right to individually,
106	106	voluntarily, and silently pray or meditate in school in a manner
107	107	that does not disrupt the instructional or other activities of the
108	108	school. A person may not require[, encourage,] or coerce a student
109	109	to engage in or refrain from such prayer or meditation during any
110	110	school activity.
111	111	SECTION 3. Each board of trustees of a school district and
112	112	each governing body of an open-enrollment charter school shall take
113	113	a record vote not later than six months after the effective date of
114	114	this Act on whether to adopt a policy requiring every campus of the
115	115	district or school to provide a period of prayer and reading of the
116	116	Bible or other religious text under Section 25.0823, Education
117	117	Code, as added by this Act.
118	118	SECTION 4. This Act applies beginning with the 2023-2024
119	119	school year.
120	120	SECTION 5. This Act takes effect immediately if it receives
121	121	a vote of two-thirds of all the members elected to each house, as
122	122	provided by Section 39, Article III, Texas Constitution. If this
123	123	Act does not receive the vote necessary for immediate effect, this
124	124	Act takes effect on the 91st day after the last day of the
125	125	legislative session.
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