Texas 2025 - 89th Regular

Texas Senate Bill SB380 Compare Versions

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

Old	New	Differences
1	1	89R3180 TSS-F
2	2	By: Middleton S.B. No. 380
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a period of prayer and reading of the Bible or other
10	10	religious text in public schools.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 25, Education Code, is
13	13	amended by adding Section 25.0823 to read as follows:
14	14	Sec. 25.0823. PERIOD OF PRAYER AND READING OF BIBLE OR OTHER
15	15	RELIGIOUS TEXT. (a) The board of trustees of a school district or
16	16	the governing body of an open-enrollment charter school that is not
17	17	operated by or affiliated with a religious organization may by
18	18	record vote on a resolution described by Subsection (a-1) adopt a
19	19	policy requiring every campus of the district or school to provide
20	20	students and employees with an opportunity to participate in a
21	21	period of prayer and reading of the Bible or other religious text on
22	22	each school day in accordance with this section.
23	23	(a-1) A resolution to adopt a policy under Subsection (a)
24	24	must read as follows:
25	25	"The (insert name of school district or open-enrollment charter
26	26	school) shall adopt a policy requiring every campus of (insert name
27	27	of district or school) to provide a period of prayer and reading of
28	28	the Bible or other religious text as provided by Section 25.0823,
29	29	Education Code."
30	30	(b) A policy adopted under Subsection (a) must prohibit:
31	31	(1) a student or employee of the school district or
32	32	open-enrollment charter school from being permitted to participate
33	33	in the period of prayer and reading of the Bible or other religious
34	34	text unless the employee or parent or guardian of the student
35	35	submits to the district or school a signed consent form that
36	36	includes:
37	37	(A) an acknowledgment that the student or
38	38	employee has a choice as to whether to participate in the period of
39	39	prayer and reading of the Bible or other religious text;
40	40	(B) a statement that the person has no objection
41	41	to the student's or employee's participation in or hearing of the
42	42	prayers or readings offered during the period; and
43	43	(C) an express waiver of the person's right to
44	44	bring a claim under state or federal law arising out of the adoption
45	45	of a policy under this section, including a claim under the
46	46	Establishment Clause of the First Amendment to the United States
47	47	Constitution or a related state or federal law, releasing the
48	48	district or school and district or school employees from liability
49	49	for those claims brought in state or federal court;
50	50	(2) the provision of a prayer or reading of the Bible
51	51	or other religious text over a public address system; and
52	52	(3) a period of prayer and reading of the Bible or
53	53	other religious text from interfering with or being provided as a
54	54	substitute for instructional time.
55	55	(c) An employee or parent or guardian of a student may
56	56	revoke the person's consent provided under Subsection (b)(1) by
57	57	informing the appropriate school administrator, as determined by
58	58	the school district or open-enrollment charter school. An employee
59	59	or student for whom consent has been revoked under this subsection:
60	60	(1) may not participate in the period of prayer and
61	61	reading of the Bible or other religious text until the employee or
62	62	parent or guardian of the student submits to the district or school
63	63	a new consent form under Subsection (b)(1); and
64	64	(2) remains bound by the waiver described by
65	65	Subsection (b)(1)(C).
66	66	(d) A policy adopted under Subsection (a):
67	67	(1) must include provisions ensuring a prayer or
68	68	reading of the Bible or other religious text is not provided in the
69	69	physical presence of, within the hearing of, or in another manner
70	70	which would constitute an injury in fact within the meaning of the
71	71	United States or Texas Constitution on a person for whom a signed
72	72	consent form has not been submitted under Subsection (b)(1) or has
73	73	been revoked under Subsection (c); and
74	74	(2) in order to comply with this subsection, may
75	75	require that the period of prayer and reading of the Bible or other
76	76	religious text be provided:
77	77	(A) before normal school hours;
78	78	(B) only in classrooms or other areas in which a
79	79	consent form under Subsection (b)(1) has been submitted for every
80	80	employee and student, which may include an entire district or
81	81	school campus if a consent form has been submitted for each employee
82	82	and student at the campus; or
83	83	(C) by any other method recommended by the
84	84	attorney general or legal counsel for the district or school.
85	85	(e) The attorney general, on request from the board of
86	86	trustees of a school district or the governing body of an
87	87	open-enrollment charter school, shall:
88	88	(1) provide advice on best methods for a district or
89	89	school to comply with the requirements of this section;
90	90	(2) provide a model consent form that may be used for
91	91	purposes of providing consent under Subsection (b)(1); and
92	92	(3) defend the district or school in a cause of action
93	93	arising out of the adoption of a policy under Subsection (a).
94	94	(f) If the attorney general defends a district or school
95	95	under Subsection (e)(3), the state is liable for the expenses,
96	96	costs, judgments, or settlements of the claims arising out of the
97	97	representation. The attorney general may settle or compromise any
98	98	and all claims under this subsection. The state may not be liable
99	99	for any expenses, costs, judgments, or settlements of any claims
100	100	arising out of the adoption of a policy under Subsection (a) against
101	101	a district or school not being represented by the attorney general.
102	102	(g) Regardless of whether the board of trustees of a school
103	103	district or the governing body of an open-enrollment charter school
104	104	adopts a policy under Subsection (a), this section does not
105	105	prohibit a student or employee of the district or school from
106	106	participating in prayer or reading the Bible or other religious
107	107	text during a period of the school day that is not designated as a
108	108	period of prayer and reading of the Bible or other religious text.
109	109	SECTION 2. Section 25.901, Education Code, is amended to
110	110	read as follows:
111	111	Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A
112	112	public school student has an absolute right to individually,
113	113	voluntarily, and silently pray or meditate in school in a manner
114	114	that does not disrupt the instructional or other activities of the
115	115	school. A person may not require[, encourage,] or coerce a student
116	116	to engage in or refrain from such prayer or meditation during any
117	117	school activity.
118	118	SECTION 3. Not later than six months after the effective
119	119	date of this Act, each board of trustees of a school district and
120	120	each governing body of an open-enrollment charter school shall take
121	121	a record vote on whether to adopt a resolution described by Section
122	122	25.0823(a-1), Education Code, as added by this Act.
123	123	SECTION 4. This Act applies beginning with the 2025-2026
124	124	school year.
125	125	SECTION 5. This Act takes effect immediately if it receives
126	126	a vote of two-thirds of all the members elected to each house, as
127	127	provided by Section 39, Article III, Texas Constitution. If this
128	128	Act does not receive the vote necessary for immediate effect, this
129	129	Act takes effect September 1, 2025.