| 1 | | - | By: Kolkhorst, et al. S.B. No. 400 |
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| 1 | + | By: Kolkhorst S.B. No. 400 |
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| 2 | + | (In the Senate - Filed November 20, 2024; February 3, 2025, |
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| 3 | + | read first time and referred to Committee on Education K-16; |
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| 4 | + | March 17, 2025, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 10, Nays 0; March 17, 2025, |
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| 6 | + | sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 400 By: Hagenbuch |
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| 4 | 9 | | |
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| 5 | 10 | | |
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| 6 | 11 | | A BILL TO BE ENTITLED |
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| 7 | 12 | | AN ACT |
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| 8 | 13 | | relating to requiring parental consent for psychological or |
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| 9 | 14 | | psychiatric examination, testing, or treatment conducted by a |
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| 10 | 15 | | school district employee. |
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| 11 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 17 | | SECTION 1. Section 26.009, Education Code, is amended by |
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| 13 | 18 | | amending Subsection (a) and adding Subsections (a-1), (a-2), and |
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| 14 | 19 | | (c) to read as follows: |
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| 15 | 20 | | (a) An employee of a school district must obtain the written |
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| 16 | 21 | | consent of a child's parent in the manner required by Subsection |
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| 17 | 22 | | (a-2) before the employee may: |
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| 18 | 23 | | (1) conduct a psychological or psychiatric |
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| 19 | 24 | | examination or[,] test[,] or psychological or psychiatric |
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| 20 | 25 | | treatment, unless the examination, test, or treatment is required |
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| 21 | 26 | | under Section 38.004 or state or federal law regarding requirements |
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| 22 | 27 | | for special education; or |
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| 23 | 28 | | (2) subject to Subsection (b), make or authorize the |
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| 24 | 29 | | making of a videotape of a child or record or authorize the |
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| 25 | 30 | | recording of a child's voice. |
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| 26 | 31 | | (a-1) For purposes of Subsection (a): |
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| 27 | 32 | | (1) "Psychological or psychiatric examination or |
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| 28 | 33 | | test" means a method designed to elicit information regarding an |
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| 29 | 34 | | attitude, habit, trait, opinion, belief, feeling, or mental |
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| 30 | 35 | | disorder or a condition thought to lead to a mental disorder, |
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| 31 | 36 | | regardless of the manner in which the method is presented or |
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| 32 | 37 | | characterized, including a method that is presented or |
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| 33 | 38 | | characterized as a survey, check-in, or screening or is embedded in |
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| 34 | 39 | | an academic lesson. |
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| 35 | 40 | | (2) "Psychological or psychiatric treatment" means |
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| 36 | 41 | | the planned, systematic use of a method or technique that is |
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| 37 | 42 | | designed to affect behavioral, emotional, or attitudinal |
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| 38 | 43 | | characteristics of an individual or group. |
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| 39 | 44 | | (a-2) Written consent for a parent's child to participate in |
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| 40 | 45 | | a district activity described by Subsection (a) must be signed by |
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| 41 | 46 | | the parent and returned to the district. A child may not |
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| 42 | 47 | | participate in the activity unless the district receives the |
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| 43 | 48 | | parent's signed written consent to that activity. |
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| 44 | | - | (c) Nothing in this section may be construed to: |
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| 45 | | - | (1) require an employee of a school district to obtain |
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| 46 | | - | the written consent of a child's parent before verbally asking the |
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| 47 | | - | child about the child's general well-being; or |
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| 48 | | - | (2) affect: |
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| 49 | | - | (A) a child's ability to consent to counseling |
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| 50 | | - | under Section 32.004, Family Code; or |
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| 51 | | - | (B) the duty to report child abuse or neglect |
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| 52 | | - | under Chapter 261, Family Code, or an investigation of a report of |
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| 53 | | - | child abuse or neglect under that chapter. |
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| 49 | + | (c) Nothing in this section may be construed to require an |
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| 50 | + | employee of a school district to obtain the written consent of a |
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| 51 | + | child's parent before verbally asking the child about the child's |
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| 52 | + | general well-being. |
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