| 1 | 1 | | 89R14630 KJE-D |
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| 2 | 2 | | By: Schatzline H.B. No. 3411 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to prohibiting a public school teacher from supporting a |
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| 10 | 10 | | student's gender transition. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 13 | 13 | | amended by adding Section 38.0045 to read as follows: |
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| 14 | 14 | | Sec. 38.0045. PROHIBITION ON SUPPORT FOR GENDER |
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| 15 | 15 | | TRANSITIONING. (a) A teacher employed by a school district may |
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| 16 | 16 | | not: |
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| 17 | 17 | | (1) promote or encourage a student's use of gender |
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| 18 | 18 | | pronouns other than the pronouns for the student's gender; |
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| 19 | 19 | | (2) support a student in dressing, or encourage a |
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| 20 | 20 | | student to dress, as the opposite sex; |
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| 21 | 21 | | (3) encourage a student to change, or facilitate a |
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| 22 | 22 | | student in changing, the student's name; |
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| 23 | 23 | | (4) promote to, discuss with, or educate a student |
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| 24 | 24 | | regarding transgender lifestyles; |
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| 25 | 25 | | (5) provide a student with information, resources, or |
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| 26 | 26 | | connections to a lesbian, gay, bisexual, transgender, or queer |
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| 27 | 27 | | organization; |
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| 28 | 28 | | (6) discuss with a student transgender treatments, |
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| 29 | 29 | | therapy, or gender transition-related topics; or |
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| 30 | 30 | | (7) introduce to or discuss with a student the idea of |
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| 31 | 31 | | gender fluidity or the existence of more than two genders. |
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| 32 | 32 | | (b) A school district may terminate the employment of a |
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| 33 | 33 | | teacher who violates Subsection (a). |
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| 34 | 34 | | (c) A violation of Subsection (a) is grounds for suspension |
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| 35 | 35 | | or revocation of a certification under Subchapter B, Chapter 21. |
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| 36 | 36 | | (d) A parent of a student aggrieved by a teacher's violation |
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| 37 | 37 | | of Subsection (a) may bring a cause of action against the teacher. |
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| 38 | 38 | | If the parent prevails in a cause of action brought under this |
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| 39 | 39 | | subsection, the court may award the parent compensatory or punitive |
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| 40 | 40 | | damages. The teacher's immunity from liability under Section |
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| 41 | 41 | | 22.0511 is waived for purposes of this subsection. |
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| 42 | 42 | | SECTION 2. This Act applies beginning with the 2025-2026 |
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| 43 | 43 | | school year. |
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| 44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2025. |
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