Texas 2025 - 89th Regular

Texas House Bill HB5056 Compare Versions

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

Old	New	Differences
1	1	89R15802 CMO-F
2	2	By: Reynolds H.B. No. 5056
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to human sexuality education in public schools.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 28, Education Code, is
12	12	amended by adding Section 28.0042 to read as follows:
13	13	Sec. 28.0042. HUMAN SEXUALITY EDUCATION. (a) In this
14	14	section:
15	15	(1) "Age-appropriate" means suitable to particular
16	16	ages or age groups of children or adolescents, based on developing
17	17	cognitive, emotional, and behavioral capacity typical for the age
18	18	or age group.
19	19	(2) "Medically accurate" means supported by
20	20	peer-reviewed research conducted in compliance with accepted
21	21	scientific methods and recognized as accurate by leading
22	22	professional organizations and agencies with relevant experience,
23	23	such as the American Medical Association.
24	24	(b) A school district shall provide human sexuality
25	25	education in accordance with this section at grade levels specified
26	26	by the State Board of Education.
27	27	(c) The State Board of Education by rule shall adopt the
28	28	essential knowledge and skills for medically accurate,
29	29	age-appropriate curricula to be used by a school district in
30	30	providing human sexuality education under this section. As
31	31	age-appropriate, the curricula must:
32	32	(1) be inclusive of same-sex couples when discussing
33	33	or providing examples of relationships, and include affirming
34	34	information regarding gender identity, gender expression, and
35	35	sexual orientation;
36	36	(2) cover human sexuality, pregnancy, and sexually
37	37	transmitted infections, including:
38	38	(A) human immunodeficiency virus (HIV) and
39	39	acquired immune deficiency syndrome (AIDS);
40	40	(B) methods of transmission, including
41	41	intravenous drug use;
42	42	(C) strategies to reduce the risk of HIV
43	43	infection;
44	44	(D) social and public health issues related to
45	45	HIV and AIDS; and
46	46	(E) treatment of HIV and other sexually
47	47	transmitted infections;
48	48	(3) discuss human sexuality as a normal and healthy
49	49	aspect of human development;
50	50	(4) discuss local resources for sexual and
51	51	reproductive health care, including how to access those resources;
52	52	(5) emphasize that abstinence from sexual activity, if
53	53	used consistently and correctly, is the only method that is 100
54	54	percent effective in preventing pregnancy and sexually transmitted
55	55	infections;
56	56	(6) provide information about the effectiveness, side
57	57	effects, and proper use of the methods approved by the United States
58	58	Food and Drug Administration for preventing unintended pregnancy
59	59	and reducing the risk of contracting sexually transmitted
60	60	infections;
61	61	(7) promote relationship, communication, and
62	62	decision-making skills, including strategies to:
63	63	(A) develop healthy, age-appropriate
64	64	relationships;
65	65	(B) develop healthy life skills, including
66	66	critical thinking, problem solving, effective communication, and
67	67	responsible decision making about sexuality and relationships; and
68	68	(C) promote effective communication between
69	69	adolescents and their parents, legal guardians, or other family
70	70	members about sexuality and relationships; and
71	71	(8) discuss information and resources relating to
72	72	sexual harassment, sexual assault, adolescent relationship abuse,
73	73	intimate partner violence, and sex trafficking.
74	74	(d) A school district may separate students according to sex
75	75	when providing instruction under this section.
76	76	(e) A school district shall make all curriculum materials
77	77	used in the district's human sexuality education available for
78	78	reasonable public inspection.
79	79	(f) A student shall be excused from human sexuality
80	80	education on the written request of a parent or legal guardian
81	81	without being subjected to any disciplinary action, academic
82	82	penalty, or other sanction imposed by the school district or the
83	83	student's school.
84	84	(g) Before each school year, a school district shall provide
85	85	written notice to a parent or legal guardian of each student
86	86	enrolled in the district of the intent to provide human sexuality
87	87	education under this section. The notice must include:
88	88	(1) a summary of the basic content of the human
89	89	sexuality education to be provided to the student; and
90	90	(2) a statement of the parent's or legal guardian's
91	91	right to:
92	92	(A) review curriculum materials as provided by
93	93	Subsection (e); and
94	94	(B) remove the student from any part of the
95	95	district's human sexuality education as provided by Subsection (f).
96	96	SECTION 2. Sections 28.004(c) and (j), Education Code, are
97	97	amended to read as follows:
98	98	(c) The local school health advisory council's duties
99	99	include recommending:
100	100	(1) the number of hours of instruction to be provided
101	101	in:
102	102	(A) health education in kindergarten through
103	103	grade eight; and
104	104	(B) if the school district requires health
105	105	education for high school graduation, health education, including
106	106	physical health education and mental health education, in grades 9
107	107	through 12;
108	108	(2) policies, procedures, strategies, and curriculum
109	109	appropriate for specific grade levels designed to prevent physical
110	110	health concerns, including obesity, cardiovascular disease, Type 2
111	111	diabetes, and mental health concerns, including suicide, through
112	112	coordination of:
113	113	(A) health education, which must address
114	114	physical health concerns and mental health concerns to ensure the
115	115	integration of physical health education and mental health
116	116	education;
117	117	(B) physical education and physical activity;
118	118	(C) nutrition services;
119	119	(D) parental involvement;
120	120	(E) instruction on substance abuse prevention;
121	121	(F) school health services, including mental
122	122	health services;
123	123	(G) a comprehensive school counseling program
124	124	under Section 33.005;
125	125	(H) a safe and healthy school environment; and
126	126	(I) school employee wellness;
127	127	(3) policies adopted by the district regarding the
128	128	human sexuality education provided under Section
129	129	28.0042 [appropriate grade levels and methods of instruction for
130	130	human sexuality instruction];
131	131	(4) strategies for integrating the curriculum
132	132	components specified by Subdivision (2) with the following elements
133	133	in a coordinated school health program for the district:
134	134	(A) school health services, including physical
135	135	health services and mental health services, if provided at a campus
136	136	by the district or by a third party under a contract with the
137	137	district;
138	138	(B) a comprehensive school counseling program
139	139	under Section 33.005;
140	140	(C) a safe and healthy school environment; and
141	141	(D) school employee wellness;
142	142	(5) if feasible, joint use agreements or strategies
143	143	for collaboration between the school district and community
144	144	organizations or agencies;
145	145	(6) strategies to increase parental awareness
146	146	regarding:
147	147	(A) risky behaviors and early warning signs of
148	148	suicide risks and behavioral health concerns, including mental
149	149	health disorders and substance use disorders; and
150	150	(B) available community programs and services
151	151	that address risky behaviors, suicide risks, and behavioral health
152	152	concerns;
153	153	(7) appropriate grade levels and curriculum for
154	154	instruction regarding the dangers of opioids, including
155	155	instruction on:
156	156	(A) opioid addiction and abuse, including
157	157	addiction to and abuse of synthetic opioids such as fentanyl; and
158	158	(B) methods of administering an opioid
159	159	antagonist, as defined by Section 483.101, Health and Safety Code;
160	160	and
161	161	(8) appropriate grade levels and curriculum for
162	162	instruction regarding child abuse, family violence, dating
163	163	violence, and sex trafficking, including likely warning signs that
164	164	a child may be at risk for sex trafficking, provided that the local
165	165	school health advisory council's recommendations under this
166	166	subdivision do not conflict with the essential knowledge and skills
167	167	developed by the State Board of Education under this subchapter.
168	168	(j) A school district shall make all curriculum materials
169	169	used in the district's [human sexuality instruction or] instruction
170	170	relating to the prevention of child abuse, family violence, dating
171	171	violence, and sex trafficking[,] available by:
172	172	(1) for curriculum materials in the public domain:
173	173	(A) providing a copy of the curriculum materials
174	174	by mail or e-mail to a parent of a student enrolled in the district
175	175	on the parent's request; and
176	176	(B) posting the curriculum materials on the
177	177	district's Internet website, if the district has an Internet
178	178	website; and
179	179	(2) for copyrighted curriculum materials, allowing a
180	180	parent of a student enrolled in the district to:
181	181	(A) review the curriculum materials at the
182	182	student's campus at any time during regular business hours;
183	183	(B) purchase a copy of the curriculum materials
184	184	from the publisher as provided by the district's purchase agreement
185	185	for the curriculum materials under Subsection [(j-1) or] (j-2); or
186	186	(C) review the curriculum materials online
187	187	through a secure electronic account in a manner that prevents the
188	188	curriculum materials from being copied and that otherwise complies
189	189	with copyright law.
190	190	SECTION 3. Sections 28.004(e), (e-1), (e-2), (e-3), (g),
191	191	(h), (i), (j-1), and (p)(2), Education Code, are repealed.
192	192	SECTION 4. This Act applies beginning with the 2025-2026
193	193	school year.
194	194	SECTION 5. This Act takes effect immediately if it receives
195	195	a vote of two-thirds of all the members elected to each house, as
196	196	provided by Section 39, Article III, Texas Constitution. If this
197	197	Act does not receive the vote necessary for immediate effect, this
198	198	Act takes effect September 1, 2025.