89R3878 CMO-D
By: Patterson H.B. No. 497
A BILL TO BE ENTITLED
AN ACT
relating to requiring parental consent for behavioral or mental
health treatment by school district personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.009(a), Education Code, is amended to
read as follows:
(a) An employee of a school district must obtain the written
consent of a child's parent before the employee may:
(1) conduct a psychological examination, test, or
treatment, unless the examination, test, or treatment is required
under Section 38.004 or state or federal law regarding requirements
for special education; [or]
(2) make or authorize the making of a videotape of a
child or record or authorize the recording of a child's voice; or
(3) provide a child with behavioral or mental health
services or treatment, including:
(A) contraceptives, including emergency
contraceptives; and
(B) informational materials on:
(i) family planning;
(ii) human sexuality; or
(iii) mental health.
SECTION 2. This Act applies beginning with the 2025-2026
school year.
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.