By: Lowe H.B. No. 5305
A BILL TO BE ENTITLED
AN ACT
relating to recitation of the Pledge of Allegiance to the flag of
the United States of America in public schools and in
open-enrollment charter schools; providing exemptions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Amend Education Code Section 25.082 to read as
follows:
Sec. 25.082. PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE. (a)
Repealed by Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9,
eff. June 15, 2017.
(b) The board of trustees of each school district and the
governing board of each open-enrollment charter school shall
require able-bodied students, once during each school day at each
campus, to rise and recite, or silently and respectfully observe
the recitation of:
(1) the pledge of allegiance to the United States flag
in accordance with 4 U.S.C. Section 4; and
(2) the pledge of allegiance to the state flag in
accordance with Subchapter C, Chapter 3100, Government Code.
(b-1) The board of trustees of each school district and the
governing board of each open-enrollment charter school shall
require that the United States and Texas flags be prominently
displayed in accordance with 4 U.S.C. Sections 5-10 and Chapter
3100, Government Code, in each campus classroom to which a student
is assigned at the time the pledges of allegiance to those flags are
recited. A district or school is not required to spend federal,
state, or local district or school funds to acquire flags required
under this subsection. A district or school may raise money or
accept gifts, grants, and donations to acquire flags required under
this subsection.
(c) On written request from a student's parent or guardian,
a school district or open-enrollment charter school shall excuse
the student from reciting a pledge of allegiance under Subsection
(b). Provision shall be made for excused and non-participating
students to quietly and respectfully wait outside the room while
such activities are being conducted.
(d) The board of trustees of each school district and the
governing board of each open-enrollment charter school shall
provide for the observance of one minute of silence at each campus
following the recitation of the pledges of allegiance to the United
States and Texas flags under Subsection (b). During the one-minute
period, each student may, as the student chooses, reflect, pray,
meditate, or engage in any other silent activity that is not likely
to interfere with or distract another student. Each teacher or
other school employee in charge of students during that period
shall ensure that each of those students remains silent and does not
act in a manner that is likely to interfere with or distract another
student.
SECTION 2. This Act takes effect January 1, 2026.