89R17020 AND-D
By: Schatzline H.B. No. 4183
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on instruction regarding abortion in
public schools; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0201 to read as follows:
Sec. 28.0201. PROHIBITION ON ABORTION INSTRUCTION;
OFFENSE. (a) A teacher employed by a school district may not
provide instruction, information, educational materials, or
resources to a student regarding abortion, including by:
(1) taking a student to an event or organization that
promotes abortion or abortion-related activism;
(2) referring a student to an organization that
provides or promotes abortion services; or
(3) engaging in a discussion that promotes or
normalizes abortion as an option for a student.
(b) A teacher who violates Subsection (a) commits an
offense. An offense under this subsection is a Class A misdemeanor.
(c) A school district shall terminate the employment of a
teacher who violates Subsection (a).
(d) A violation of Subsection (a) is grounds for suspension
or revocation of a certification under Subchapter B, Chapter 21.
(e) A parent of a student aggrieved by a teacher's violation
of Subsection (a) may bring a cause of action against the teacher or
the school district at which the teacher is employed. If the parent
prevails in a cause of action brought under this subsection, the
court may award the parent compensatory or punitive damages. The
teacher's immunity from liability under Section 22.0511 and the
district's sovereign immunity are waived for purposes of this
subsection.
SECTION 2. (a) Except as provided by Subsection (b) of this
section, this Act applies beginning with the 2025-2026 school year.
(b) Section 28.0201(b), Education Code, as added by this
Act, applies only to conduct that occurs on or after September 1,
2025.
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 September 1, 2025.