| 1 | 1 | | 89R17020 AND-D |
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| 2 | 2 | | By: Schatzline H.B. No. 4183 |
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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 regarding abortion in |
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| 10 | 10 | | public schools; creating a criminal offense. |
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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 28, Education Code, is |
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| 13 | 13 | | amended by adding Section 28.0201 to read as follows: |
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| 14 | 14 | | Sec. 28.0201. PROHIBITION ON ABORTION INSTRUCTION; |
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| 15 | 15 | | OFFENSE. (a) A teacher employed by a school district may not |
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| 16 | 16 | | provide instruction, information, educational materials, or |
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| 17 | 17 | | resources to a student regarding abortion, including by: |
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| 18 | 18 | | (1) taking a student to an event or organization that |
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| 19 | 19 | | promotes abortion or abortion-related activism; |
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| 20 | 20 | | (2) referring a student to an organization that |
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| 21 | 21 | | provides or promotes abortion services; or |
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| 22 | 22 | | (3) engaging in a discussion that promotes or |
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| 23 | 23 | | normalizes abortion as an option for a student. |
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| 24 | 24 | | (b) A teacher who violates Subsection (a) commits an |
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| 25 | 25 | | offense. An offense under this subsection is a Class A misdemeanor. |
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| 26 | 26 | | (c) A school district shall terminate the employment of a |
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| 27 | 27 | | teacher who violates Subsection (a). |
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| 28 | 28 | | (d) A violation of Subsection (a) is grounds for suspension |
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| 29 | 29 | | or revocation of a certification under Subchapter B, Chapter 21. |
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| 30 | 30 | | (e) A parent of a student aggrieved by a teacher's violation |
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| 31 | 31 | | of Subsection (a) may bring a cause of action against the teacher or |
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| 32 | 32 | | the school district at which the teacher is employed. If the parent |
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| 33 | 33 | | prevails in a cause of action brought under this subsection, the |
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| 34 | 34 | | court may award the parent compensatory or punitive damages. The |
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| 35 | 35 | | teacher's immunity from liability under Section 22.0511 and the |
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| 36 | 36 | | district's sovereign immunity are waived for purposes of this |
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| 37 | 37 | | subsection. |
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| 38 | 38 | | SECTION 2. (a) Except as provided by Subsection (b) of this |
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| 39 | 39 | | section, this Act applies beginning with the 2025-2026 school year. |
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| 40 | 40 | | (b) Section 28.0201(b), Education Code, as added by this |
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| 41 | 41 | | Act, applies only to conduct that occurs on or after September 1, |
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| 42 | 42 | | 2025. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2025. |
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