Texas 2025 - 89th Regular

Texas House Bill HB789 Compare Versions

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

Old	New	Differences
1	1	89R323 JTZ-F
2	2	By: Swanson H.B. No. 789
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requiring parental consent for psychological or
10	10	psychiatric examination, testing, or treatment conducted by school
11	11	district personnel.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 26.009, Education Code, is amended to
14	14	read as follows:
15	15	Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES. (a)
16	16	In this section:
17	17	(1) "Psychological or psychiatric examination or
18	18	test" means a method designed to elicit information regarding an
19	19	attitude, habit, trait, opinion, belief, feeling, or mental
20	20	disorder or a condition thought to lead to a mental disorder,
21	21	regardless of the manner in which the method is presented or
22	22	characterized, including a method that is presented or
23	23	characterized as a survey, check-in, or screening or is embedded in
24	24	an academic lesson.
25	25	(2) "Psychological or psychiatric treatment" means
26	26	the planned, systematic use of a method or technique that is
27	27	designed to affect behavioral, emotional, or attitudinal
28	28	characteristics of an individual or group.
29	29	(b) An employee or contractor of a school district must
30	30	obtain the written, signed consent of a child's parent for each
31	31	separate activity described by this subsection in which the child
32	32	will participate before the employee or contractor may:
33	33	(1) conduct a psychological or psychiatric
34	34	examination or[,] test[,] or psychological or psychiatric
35	35	treatment with respect to the child, unless the examination, test,
36	36	or treatment is required under Section 38.004 or state or federal
37	37	law regarding requirements for special education; or
38	38	(2) subject to Subsection (c), make or authorize the
39	39	making of a videotape of a child or record or authorize the
40	40	recording of a child's voice.
41	41	(c) [(b)] An employee or contractor of a school district is
42	42	not required to obtain the consent of a child's parent before the
43	43	employee or contractor may make a videotape of a child or authorize
44	44	the recording of a child's voice if the videotape or voice recording
45	45	is to be used only for:
46	46	(1) purposes of safety, including the maintenance of
47	47	order and discipline in common areas of the school or on school
48	48	buses;
49	49	(2) a purpose related to a cocurricular or
50	50	extracurricular activity;
51	51	(3) a purpose related to regular classroom
52	52	instruction;
53	53	(4) media coverage of the school; or
54	54	(5) a purpose related to the promotion of student
55	55	safety under Section 29.022.
56	56	(d) A school district shall retain every consent of a
57	57	child's parent obtained under this section as part of the child's
58	58	education records.
59	59	(e) Nothing in this section may be construed to:
60	60	(1) require an employee or contractor of a school
61	61	district to obtain the written consent of a child's parent before
62	62	verbally asking the child about the child's general well-being;
63	63	(2) affect a child's consent to counseling under
64	64	Section 32.004, Family Code; or
65	65	(3) affect the duty to report child abuse or neglect
66	66	under Chapter 261, Family Code, or an investigation of a report of
67	67	abuse or neglect under that chapter.
68	68	SECTION 2. This Act applies beginning with the 2025-2026
69	69	school year.
70	70	SECTION 3. This Act takes effect immediately if it receives
71	71	a vote of two-thirds of all the members elected to each house, as
72	72	provided by Section 39, Article III, Texas Constitution. If this
73	73	Act does not receive the vote necessary for immediate effect, this
74	74	Act takes effect September 1, 2025.