Texas 2025 - 89th Regular

Texas House Bill HB4003 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2689 JTZ-F
2	2	By: Money H.B. No. 4003
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to parental consent for certain activities engaged in by a
10	10	school district employee or contractor with respect to the parent's
11	11	child.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 26.009, Education Code, is amended to
14	14	read as follows:
15	15	Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES. (a)
16	16	An employee or contractor of a school district must obtain the
17	17	written informed consent of a child's parent each time before the
18	18	employee or contractor may:
19	19	(1) conduct a psychological or psychiatric
20	20	examination or [,] test [,] or psychological or psychiatric
21	21	treatment, unless the examination, test, or treatment is required
22	22	under Section 38.004 or state or federal law regarding requirements
23	23	for special education; or
24	24	(2) make or authorize the making of a videotape of a
25	25	child or record or authorize the recording of a child's voice.
26	26	(a-1) For purposes of Subsection (a):
27	27	(1) "Psychological or psychiatric examination or
28	28	test" means a method designed to elicit information regarding an
29	29	attitude, habit, trait, opinion, belief, feeling, or mental
30	30	disorder or a condition thought to lead to a mental disorder,
31	31	regardless of the manner in which the method is presented or
32	32	characterized, including a method that is presented or
33	33	characterized as a survey, check-in, or screening or is embedded in
34	34	an academic lesson.
35	35	(2) "Psychological or psychiatric treatment" means
36	36	the planned, systematic use of a method, technique, or psychoactive
37	37	substance that is designed to affect behavioral, emotional, or
38	38	attitudinal characteristics of an individual or group.
39	39	(a-2) Subsection (a) may not be construed to limit the
40	40	authority of a school district employee or contractor to:
41	41	(1) verbally inquire about a child's general
42	42	well-being; or
43	43	(2) conduct an academic lesson, provided that the
44	44	lesson does not directly inquire or probe into a child's mental or
45	45	emotional state.
46	46	(b) An employee or contractor of a school district is not
47	47	required to obtain the consent of a child's parent before the
48	48	employee or contractor may make a videotape of a child or authorize
49	49	the recording of a child's voice if the videotape or voice recording
50	50	is to be used only for:
51	51	(1) purposes of safety, including the maintenance of
52	52	order and discipline in common areas of the school or on school
53	53	buses;
54	54	(2) a purpose related to a cocurricular or
55	55	extracurricular activity;
56	56	(3) a purpose related to regular classroom
57	57	instruction;
58	58	(4) media coverage of the school; or
59	59	(5) a purpose related to the promotion of student
60	60	safety under Section 29.022.
61	61	(c) A school district shall retain the written informed
62	62	consent of a child's parent obtained under this section as part of
63	63	the child's education records.
64	64	SECTION 2. This Act takes effect immediately if it receives
65	65	a vote of two-thirds of all the members elected to each house, as
66	66	provided by Section 39, Article III, Texas Constitution. If this
67	67	Act does not receive the vote necessary for immediate effect, this
68	68	Act takes effect September 1, 2025.