By: Swanson H.B. No. 26
A BILL TO BE ENTITLED
AN ACT
relating to parental consent for certain activities engaged in by a
school district employee or contractor with respect to the parent’s
child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.009, Education Code, is amended to
read as follows:
Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES. (a)
In this section:
(1) "Psychological or psychiatric examination or
test" means a method designed to elicit information regarding an
attitude, habit, trait, opinion, belief, feeling, or mental
disorder or a condition thought to lead to a mental disorder,
regardless of the manner in which the method is presented or
characterized, including a method that is presented or
characterized as a survey, check-in, or screening or is embedded in
an academic lesson.
(2) "Psychological or psychiatric treatment" means
the planned, systematic use of a method or technique that is
designed to affect behavioral, emotional, or attitudinal
characteristics of an individual or group.
(b) An employee or contractor of a school district must
obtain the written consent signed by [of] a child's parent for each
separate activity described by this subsection in which the child
will participate before:
(1) the employee or contractor may:
(A) [(1)] conduct a psychological or psychiatric
examination or[,] test[,] or psychological or psychiatric
treatment, unless the examination, test, or treatment is required
under Section 38.004 or state or federal law regarding requirements
for special education; or
(B) [(2)] subject to Subsection (c), make or
authorize the making of a videotape of a child or record or
authorize the recording of a child's voice; and
(2) the child may participate in that activity.
(c) [(b)] An employee or contractor of a school district is
not required to obtain the consent of a child's parent before the
employee or contractor may make a videotape of a child or authorize
the recording of a child's voice if the videotape or voice recording
is to be used only for:
(1) purposes of safety, including the maintenance of
order and discipline in common areas of the school or on school
buses;
(2) a purpose related to a cocurricular or
extracurricular activity;
(3) a purpose related to regular classroom
instruction;
(4) media coverage of the school; or
(5) a purpose related to the promotion of student
safety under Section 29.022.
(d) A school district shall retain every written and signed
informed consent of a child's parent obtained under this section as
part of the child's education records.
(e) Nothing in this section may be construed to:
(1) require an employee of a school district to obtain
the written consent of a child's parent before verbally asking the
child about the child's general well-being;
(2) affect a child's consent to counseling under
Section 32.004, Family Code; or
(3) affect the duty to report child abuse or neglect
under Chapter 261, Family Code, or an investigation of a report of
abuse or neglect under that chapter.
SECTION 2. This Act applies beginning with the 2025-2026
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.