Texas Senate Bill SB126

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to studies or surveys on children's sexual behavior conducted at or by a public primary or secondary school, a public institution of higher education, a prescription drug manufacturer, a research entity, or another person; creating criminal offenses; imposing civil penalties.

Impact

If enacted, SB126 will bring significant changes to existing laws surrounding the conduct of research involving minors. It amends both the Education Code and the Health and Safety Code to impose strict restrictions on studies that explore sexual behavior among children. The bill creates criminal offenses categorized as state jail felonies for those who violate its provisions, alongside civil liabilities that impose fines ranging from $1,000 to $5,000 for each child unlawfully included in such studies. This represents a shift toward greater accountability and oversight of research practices involving minors.

Summary

SB126 is a legislative proposal aimed at prohibiting the conduct of studies or surveys regarding children's sexual behavior in public primary and secondary schools, institutions of higher education, and by research entities. The bill establishes that no school district or higher education institution may conduct such studies or allow a third party to do so without explicit parental consent. This legislative measure is motivated by concerns over the privacy and safety of minors, ensuring that any inquiry into sensitive topics needs to involve the consent of a parent or guardian to protect the child.

Contention

The bill has sparked discussion regarding the balance between conducting necessary research for public health and education purposes and safeguarding children's rights and privacy. Proponents argue that the legislation is crucial for preventing invasive studies that could put children at risk or subject them to unnecessary scrutiny. Conversely, critics may point out that overly strict limitations on research could hinder important studies that aim to understand children's behaviors and potentially inform better educational practices or public health initiatives. The necessity and effectiveness of parental consent in such surveys also remain points of contention within legislative debates.

Texas Constitutional Statutes Affected

Education Code

• Chapter 38. Health And Safety
  • Section: New Section

• Chapter 51. Provisions Generally Applicable To Higher Education
  • Section: New Section

Health And Safety Code

• Chapter 161. Public Health Provisions
  • Section: New Section