| 1 | 1 | | 88S30128 JTZ-F |
|---|
| 2 | 2 | | By: Tepper H.B. No. 107 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the prohibition on instruction and certain activities |
|---|
| 8 | 8 | | regarding sexual orientation or gender identity provided or allowed |
|---|
| 9 | 9 | | by school districts, open-enrollment charter schools, and district |
|---|
| 10 | 10 | | and charter school employees. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Subchapter A, Chapter 28, Education Code, is |
|---|
| 13 | 13 | | amended by adding Section 28.0043 to read as follows: |
|---|
| 14 | 14 | | Sec. 28.0043. PROHIBITION ON INSTRUCTION AND CERTAIN |
|---|
| 15 | 15 | | ACTIVITIES REGARDING SEXUAL ORIENTATION OR GENDER IDENTITY. (a) |
|---|
| 16 | 16 | | Except as provided by Subsection (b), a school district, |
|---|
| 17 | 17 | | open-enrollment charter school, or district or charter school |
|---|
| 18 | 18 | | employee may not provide or allow a third party to provide |
|---|
| 19 | 19 | | instruction, guidance, activities, or programming regarding sexual |
|---|
| 20 | 20 | | orientation or gender identity to students enrolled in |
|---|
| 21 | 21 | | prekindergarten through 12th grade. |
|---|
| 22 | 22 | | (b) This section may not be construed to limit: |
|---|
| 23 | 23 | | (1) a student's ability to engage in speech or |
|---|
| 24 | 24 | | expressive conduct protected by the First Amendment to the United |
|---|
| 25 | 25 | | States Constitution or by Section 8, Article I, Texas Constitution, |
|---|
| 26 | 26 | | that does not result in material disruption to school activities; |
|---|
| 27 | 27 | | or |
|---|
| 28 | 28 | | (2) the ability of a person who is authorized by the |
|---|
| 29 | 29 | | district to provide physical or mental health-related services to |
|---|
| 30 | 30 | | provide the services to a student, subject to any required parental |
|---|
| 31 | 31 | | consent. |
|---|
| 32 | 32 | | SECTION 2. This Act applies beginning with the 2024-2025 |
|---|
| 33 | 33 | | school year. |
|---|
| 34 | 34 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 38 | 38 | | Act takes effect on the 91st day after the last day of the |
|---|
| 39 | 39 | | legislative session. |
|---|