Texas 2025 - 89th Regular

Texas House Bill HB615 Compare Versions

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

Old	New	Differences
1	1	89R3523 TSS-D
2	2	By: González of El Paso H.B. No. 615
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to policies and procedures regarding a public school
10	10	student who knowingly produced or distributed certain intimate
11	11	videos or images depicting another student.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter A, Chapter 37, Education Code, is
14	14	amended by adding Section 37.026 to read as follows:
15	15	Sec. 37.026. POLICIES AND PROCEDURES REGARDING STUDENTS WHO
16	16	PRODUCE OR DISTRIBUTE CERTAIN INTIMATE VIDEOS OR IMAGES. (a) In
17	17	this section:
18	18	(1) "Deep fake video" has the meaning assigned by
19	19	Section 21.165, Penal Code.
20	20	(2) "Intimate parts" has the meaning assigned by
21	21	Section 21.16, Penal Code.
22	22	(3) "Sexual conduct" has the meaning assigned by
23	23	Section 21.16, Penal Code.
24	24	(b) If the principal of a school district campus has reason
25	25	to believe that a district student has knowingly produced or
26	26	distributed by any means a video or image that depicts or appears to
27	27	depict another student enrolled at the same campus with that
28	28	student's intimate parts exposed or engaged in sexual conduct,
29	29	including a video or image created through the use of artificial
30	30	intelligence technology or a deep fake video, the principal shall
31	31	initiate an investigation into the alleged misconduct.
32	32	(c) An investigation under Subsection (b) must:
33	33	(1) be conducted by the principal of the district
34	34	campus or the principal's designee; and
35	35	(2) include documentation regarding:
36	36	(A) each student or other person interviewed;
37	37	(B) each item of evidence collected or
38	38	considered; and
39	39	(C) each action taken by the principal or
40	40	principal's designee while conducting the investigation.
41	41	(d) Immediately following the initiation of an
42	42	investigation under Subsection (b) at a school district campus, the
43	43	principal shall designate a campus employee to coordinate the
44	44	provision of supportive measures and services to each student
45	45	impacted by the alleged misconduct, regardless of whether the
46	46	student wishes to participate in the investigation.
47	47	(e) Each school district shall post on the district's
48	48	Internet website and provide in writing, at the beginning of each
49	49	school year, to each student and student's parent or guardian
50	50	information regarding supportive measures and services available
51	51	to students impacted by an incident described by Subsection (b).
52	52	(f) Not later than 10 school days after a principal first
53	53	has reason to believe a district student engaged in misconduct
54	54	described by Subsection (b), the principal or principal's designee
55	55	shall complete the investigation and submit to each impacted
56	56	student and the student's parent or guardian a written summary of
57	57	the principal's or designee's findings. The summary must:
58	58	(1) comply with federal and state laws relating to the
59	59	privacy of student records, including the Family Educational Rights
60	60	and Privacy Act of 1974 (20 U.S.C. Section 1232g); and
61	61	(2) include:
62	62	(A) a description of the information and evidence
63	63	considered during the investigation;
64	64	(B) a preliminary determination regarding
65	65	whether the student engaged in the misconduct described by
66	66	Subsection (b); and
67	67	(C) an explanation of the reasons for the
68	68	determination under Paragraph (B).
69	69	(g) The time period prescribed for an investigation under
70	70	Subsection (f) may be extended if the principal or the principal's
71	71	designee determines that good cause exists for the extension.
72	72	(h) The principal or principal's designee may not make a
73	73	final determination regarding whether the student engaged in the
74	74	misconduct described by Subsection (b) until the principal or the
75	75	principal's designee gives each student, parent, or guardian to
76	76	whom the summary was submitted under Subsection (f) an opportunity
77	77	to review and respond to the summary.
78	78	(i) The principal or principal's designee shall notify the
79	79	parent or guardian of each impacted student regarding:
80	80	(1) the principal's or designee's final determination;
81	81	and
82	82	(2) the actions taken by the district or campus to
83	83	ensure:
84	84	(A) a student depicted in a video or image that is
85	85	the subject of the investigation:
86	86	(i) may continue to access and participate
87	87	in district and campus activities and programs to the extent the
88	88	student is able; and
89	89	(ii) feels safe and accepted while at the
90	90	district campus or while attending school-sponsored events;
91	91	(B) the safety and security of all students
92	92	enrolled at the district campus; and
93	93	(C) if the principal or designee determines that
94	94	the student did engage in the conduct described by Subsection (b),
95	95	that the student receives education regarding the harm caused by
96	96	the student's actions.
97	97	(j) If the principal or principal's designee makes a final
98	98	determination that the conduct described by Subsection (b)
99	99	occurred, the principal or designee shall take reasonable action to
100	100	address the misconduct and prevent recurrence, including by:
101	101	(1) removing the student determined to have engaged in
102	102	the misconduct described by Subsection (b) from class and placing
103	103	the student in a disciplinary alternative education program as
104	104	provided by Section 37.008, if the principal or designee determines
105	105	removal is appropriate;
106	106	(2) requiring students involved in the misconduct
107	107	described by Subsection (b) to attend a prevention and education
108	108	program;
109	109	(3) instituting an educational program for all campus
110	110	students regarding the dangers and harm of misconduct described by
111	111	Subsection (b);
112	112	(4) continuing investigations to determine if the
113	113	student determined to have engaged in the misconduct described by
114	114	Subsection (b) has engaged in any new incidents of misconduct
115	115	described by that subsection or if a student has become subjected to
116	116	retaliatory conduct as a result of the original investigation
117	117	conducted under Subsection (b);
118	118	(5) establishing or continuing contact with the
119	119	parents, guardians, and families of the students involved in the
120	120	conduct to help identify issues that may contribute to the behavior
121	121	outside of school hours;
122	122	(6) increasing staff monitoring in relevant areas of
123	123	the campus; or
124	124	(7) establishing other evidence-based disciplinary
125	125	procedures.
126	126	(k) In determining which actions to take under Subsection
127	127	(j), the principal or principal's designee must consider:
128	128	(1) the impact of the misconduct described by
129	129	Subsection (b) on and the objectives of a student appearing in or
130	130	depicted by the video or image that is the subject of the
131	131	investigation;
132	132	(2) the willingness of the student who engaged in the
133	133	misconduct described by Subsection (b) to take responsibility for
134	134	the student's actions and take action to address the harm caused;
135	135	(3) the actions already taken to address the conduct;
136	136	(4) the nature, frequency, and seriousness of the
137	137	misconduct;
138	138	(5) the ages of the students involved in the
139	139	misconduct;
140	140	(6) any prior similar conduct or other bullying
141	141	behavior engaged in by the student who engaged in the misconduct
142	142	described by Subsection (b); and
143	143	(7) any other factors the principal or designee
144	144	determines appropriate or required by school district policy or
145	145	other law.
146	146	(l) Any disciplinary action taken against a student with a
147	147	disability shall comply with Section 37.004, the Individuals with
148	148	Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
149	149	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794),
150	150	and all other relevant state and federal laws.
151	151	SECTION 2. This Act applies beginning with the 2025-2026
152	152	school year.
153	153	SECTION 3. This Act takes effect immediately if it receives
154	154	a vote of two-thirds of all the members elected to each house, as
155	155	provided by Section 39, Article III, Texas Constitution. If this
156	156	Act does not receive the vote necessary for immediate effect, this
157	157	Act takes effect September 1, 2025.