1 | 1 | | 89R3404 ANG-D |
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2 | 2 | | By: Bernal H.B. No. 781 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to certain public school instructional requirements and |
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10 | 10 | | prohibitions and the incorporation of certain instructional |
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11 | 11 | | activities as part of student coursework. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Sections 21.4555(a) and (b), Education Code, are |
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14 | 14 | | amended to read as follows: |
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15 | 15 | | (a) To facilitate the teaching of curriculum consistent |
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16 | 16 | | with Section [Sections] 28.002(h-2) [and 28.0022], the |
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17 | 17 | | commissioner shall develop and make available civics training |
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18 | 18 | | programs for teachers and administrators. |
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19 | 19 | | (b) A civics training program developed under this section |
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20 | 20 | | must include training in: |
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21 | 21 | | (1) the essential knowledge and skills for the social |
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22 | 22 | | studies curriculum related to civic knowledge adopted under Section |
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23 | 23 | | 28.002(h-2); |
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24 | 24 | | (2) guided classroom discussion of current events, as |
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25 | 25 | | appropriate for the grade level [and consistent with the |
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26 | 26 | | restrictions under Section 28.0022]; |
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27 | 27 | | (3) classroom simulations and models of governmental |
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28 | 28 | | and democratic processes consistent with the requirements [and |
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29 | 29 | | restrictions] of Section [Sections] 28.002(h-2) [and 28.0022]; |
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30 | 30 | | (4) media literacy, including instruction on |
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31 | 31 | | verifying information and sources, identifying and responding to |
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32 | 32 | | logical fallacies, and identifying propaganda, as appropriate for |
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33 | 33 | | the grade level [and consistent with the restrictions under Section |
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34 | 34 | | 28.0022]; and |
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35 | 35 | | (5) strategies for incorporating civics instruction |
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36 | 36 | | into subject areas other than social studies. |
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37 | 37 | | SECTION 2. Section 22.05125(b), Education Code, is amended |
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38 | 38 | | to read as follows: |
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39 | 39 | | (b) A classroom teacher employed by a school district may |
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40 | 40 | | not be subject to disciplinary proceedings for an allegation that |
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41 | 41 | | the teacher violated [Section 28.0022,] the Establishment Clause of |
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42 | 42 | | the First Amendment of the United States Constitution [,] or a |
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43 | 43 | | related state or federal law if: |
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44 | 44 | | (1) the teacher used only instructional material |
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45 | 45 | | included on the list of approved instructional material maintained |
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46 | 46 | | by the State Board of Education under Section 31.022 and adopted by |
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47 | 47 | | the district; and |
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48 | 48 | | (2) the allegation does not dispute that the teacher |
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49 | 49 | | delivered instruction from instructional material described by |
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50 | 50 | | Subdivision (1) with fidelity. |
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51 | 51 | | SECTION 3. The heading to Section 28.0022, Education Code, |
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52 | 52 | | is amended to read as follows: |
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53 | 53 | | Sec. 28.0022. CERTAIN INSTRUCTIONAL ACTIVITIES PERMITTED |
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54 | 54 | | [REQUIREMENTS AND PROHIBITIONS]. |
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55 | 55 | | SECTION 4. Section 28.0022(a), Education Code, is amended |
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56 | 56 | | to read as follows: |
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57 | 57 | | (a) For any course or subject, including an innovative |
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58 | 58 | | course, for a grade level from kindergarten through grade 12,[: |
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59 | 59 | | [(1) a teacher may not be compelled to discuss a widely |
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60 | 60 | | debated and currently controversial issue of public policy or |
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61 | 61 | | social affairs; |
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62 | 62 | | [(2) a teacher who chooses to discuss a topic |
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63 | 63 | | described by Subdivision (1) shall explore that topic objectively |
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64 | 64 | | and in a manner free from political bias; |
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65 | 65 | | [(3)] a school district, open-enrollment charter |
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66 | 66 | | school, or teacher may, as an option for student learning [not |
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67 | 67 | | require], make part of a course, or award a grade or course credit, |
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68 | 68 | | including extra credit, for a student's: |
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69 | 69 | | (1) [(A)] work for, affiliation with, or service |
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70 | 70 | | learning in association with any organization engaged in[: |
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71 | 71 | | [(i)] lobbying for legislation at the |
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72 | 72 | | federal, state, or local level[, if the student's duties involve |
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73 | 73 | | directly or indirectly attempting to influence social or public |
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74 | 74 | | policy or the outcome of legislation]; or |
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75 | 75 | | (2) [(ii) social policy advocacy or public policy |
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76 | 76 | | advocacy; |
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77 | 77 | | [(B) political activism, lobbying, or efforts to |
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78 | 78 | | persuade members of the legislative or executive branch at the |
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79 | 79 | | federal, state, or local level to take specific actions by direct |
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80 | 80 | | communication; or |
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81 | 81 | | [(C)] participation in any internship, |
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82 | 82 | | practicum, or similar activity involving social policy advocacy or |
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83 | 83 | | public policy advocacy[; and |
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84 | 84 | | [(4) a teacher, administrator, or other employee of a |
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85 | 85 | | state agency, school district, or open-enrollment charter school |
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86 | 86 | | may not: |
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87 | 87 | | [(A) require or make part of a course inculcation |
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88 | 88 | | in the concept that: |
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89 | 89 | | [(i) one race or sex is inherently superior |
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90 | 90 | | to another race or sex; |
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91 | 91 | | [(ii) an individual, by virtue of the |
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92 | 92 | | individual's race or sex, is inherently racist, sexist, or |
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93 | 93 | | oppressive, whether consciously or unconsciously; |
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94 | 94 | | [(iii) an individual should be |
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95 | 95 | | discriminated against or receive adverse treatment solely or partly |
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96 | 96 | | because of the individual's race or sex; |
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97 | 97 | | [(iv) an individual's moral character, |
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98 | 98 | | standing, or worth is necessarily determined by the individual's |
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99 | 99 | | race or sex; |
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100 | 100 | | [(v) an individual, by virtue of the |
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101 | 101 | | individual's race or sex, bears responsibility, blame, or guilt for |
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102 | 102 | | actions committed by other members of the same race or sex; |
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103 | 103 | | [(vi) meritocracy or traits such as a hard |
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104 | 104 | | work ethic are racist or sexist or were created by members of a |
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105 | 105 | | particular race to oppress members of another race; |
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106 | 106 | | [(vii) the advent of slavery in the |
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107 | 107 | | territory that is now the United States constituted the true |
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108 | 108 | | founding of the United States; or |
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109 | 109 | | [(viii) with respect to their relationship |
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110 | 110 | | to American values, slavery and racism are anything other than |
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111 | 111 | | deviations from, betrayals of, or failures to live up to the |
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112 | 112 | | authentic founding principles of the United States, which include |
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113 | 113 | | liberty and equality; |
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114 | 114 | | [(B) teach, instruct, or train any |
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115 | 115 | | administrator, teacher, or staff member of a state agency, school |
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116 | 116 | | district, or open-enrollment charter school to adopt a concept |
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117 | 117 | | listed under Paragraph (A); or |
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118 | 118 | | [(C) require an understanding of the 1619 |
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119 | 119 | | Project]. |
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120 | 120 | | SECTION 5. Section 31.0712, Education Code, is amended to |
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121 | 121 | | read as follows: |
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122 | 122 | | Sec. 31.0712. OPEN EDUCATION RESOURCE ADVISORY BOARD. The |
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123 | 123 | | agency shall establish an open education resource advisory board to |
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124 | 124 | | ensure that open education resource instructional materials made |
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125 | 125 | | available under this subchapter are: |
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126 | 126 | | (1) of the highest quality; |
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127 | 127 | | (2) aligned with the essential knowledge and skills |
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128 | 128 | | adopted by the State Board of Education under Section 28.002 for the |
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129 | 129 | | applicable subject and grade level; |
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130 | 130 | | (3) suitable for the age of students at the grade level |
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131 | 131 | | for which the materials are developed; and |
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132 | 132 | | (4) free from bias and factual error[; and |
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133 | 133 | | [(5) in compliance with Section 28.0022]. |
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134 | 134 | | SECTION 6. Section 31.1011(a), Education Code, is amended |
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135 | 135 | | to read as follows: |
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136 | 136 | | (a) Each school district and open-enrollment charter school |
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137 | 137 | | shall annually certify to the State Board of Education and the |
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138 | 138 | | commissioner that: |
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139 | 139 | | (1) for each subject in the required curriculum under |
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140 | 140 | | Section 28.002, other than physical education, and each grade |
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141 | 141 | | level, the district or school: |
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142 | 142 | | (A) provides each student with instructional |
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143 | 143 | | materials that cover all elements of the essential knowledge and |
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144 | 144 | | skills adopted by the State Board of Education for that subject and |
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145 | 145 | | grade level; and |
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146 | 146 | | (B) in the provision of instructional materials, |
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147 | 147 | | protects students from obscene or harmful content as necessary for |
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148 | 148 | | compliance with: |
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149 | 149 | | (i) the Children's Internet Protection Act |
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150 | 150 | | (Pub. L. No. 106-554); |
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151 | 151 | | (ii) [Section 28.0022; |
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152 | 152 | | [(iii)] Section 43.22, Penal Code; and |
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153 | 153 | | (iii) [(iv)] any other law or regulation |
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154 | 154 | | that protects students from obscene or harmful content; and |
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155 | 155 | | (2) the district or school used money allocated to the |
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156 | 156 | | district or school under the instructional materials and technology |
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157 | 157 | | allotment only for purposes allowed under Section 31.0211. |
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158 | 158 | | SECTION 7. Sections 28.0022(b), (c), (d), (e), (f), and |
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159 | 159 | | (g), Education Code, are repealed. |
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160 | 160 | | SECTION 8. This Act applies beginning with the 2025-2026 |
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161 | 161 | | school year. |
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162 | 162 | | SECTION 9. This Act takes effect immediately if it receives |
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163 | 163 | | a vote of two-thirds of all the members elected to each house, as |
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164 | 164 | | provided by Section 39, Article III, Texas Constitution. If this |
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165 | 165 | | Act does not receive the vote necessary for immediate effect, this |
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166 | 166 | | Act takes effect September 1, 2025. |
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