| 1 | 1 | | 89R480 JTZ-F |
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| 2 | 2 | | By: Tepper H.B. No. 344 |
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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 a prohibition on instruction and certain activities |
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| 10 | 10 | | regarding sexual orientation or gender identity provided or allowed |
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| 11 | 11 | | by a public school. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter A, Chapter 28, Education Code, is |
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| 14 | 14 | | amended by adding Section 28.0041 to read as follows: |
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| 15 | 15 | | Sec. 28.0041. PROHIBITION ON INSTRUCTION AND CERTAIN |
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| 16 | 16 | | ACTIVITIES REGARDING SEXUAL ORIENTATION OR GENDER IDENTITY. (a) |
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| 17 | 17 | | Except as provided by Subsection (b), a school district, |
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| 18 | 18 | | open-enrollment charter school, or district or charter school |
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| 19 | 19 | | employee may not provide or allow a third party to provide |
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| 20 | 20 | | instruction, guidance, activities, or programming regarding sexual |
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| 21 | 21 | | orientation or gender identity to students enrolled in |
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| 22 | 22 | | prekindergarten through 12th grade. |
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| 23 | 23 | | (b) This section may not be construed to limit: |
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| 24 | 24 | | (1) a student's ability to engage in speech or |
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| 25 | 25 | | expressive conduct protected by the First Amendment to the United |
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| 26 | 26 | | States Constitution or by Section 8, Article I, Texas Constitution, |
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| 27 | 27 | | that does not result in material disruption to school activities; |
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| 28 | 28 | | or |
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| 29 | 29 | | (2) the ability of a person who is authorized by the |
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| 30 | 30 | | district or school to provide physical or mental health-related |
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| 31 | 31 | | services to provide the services to a student, subject to any |
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| 32 | 32 | | required parental consent. |
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| 33 | 33 | | SECTION 2. This Act applies beginning with the 2025-2026 |
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| 34 | 34 | | school year. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2025. |
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