Bill Text: TX SB1031 | 2023-2024 | 88th Legislature | Engrossed

Texas Senate Bill 1031 (Prior Session Legislation)

Bill Title: Relating to studies or surveys on children's sexual behavior conducted at or by a public primary or secondary school or by a public or private institution of higher education or another person; creating criminal offenses; imposing civil penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2023-05-06 - Referred to Youth Health & Safety, Select [SB1031 Detail]

Download: Texas-2023-SB1031-Engrossed.html



	By: Hall	S.B. No. 1031


	A BILL TO BE ENTITLED
	AN ACT
	relating to studies or surveys on children's sexual behavior
	conducted at or by a public primary or secondary school or by a
	public or private institution of higher education or another
	person; creating criminal offenses; imposing civil penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, Chapter 38, Education Code, is
	amended by adding Section 38.0043 to read as follows:
	Sec. 38.0043. PROHIBITION ON STUDY OR SURVEY OF CHILD
	SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) A school district may
	not conduct or permit a third party to conduct a study or survey on a
	child's sexual behavior.
	(b) A person commits an offense if the person violates
	Subsection (a). An offense under this subsection is a state jail
	felony.
	(c) In addition to the criminal penalty under Subsection
	(b), a person who violates Subsection (a) is liable to the state for
	a civil penalty in an amount not less than $1,000 or more than
	$5,000 for each child unlawfully included in the study or survey.
	The attorney general may investigate an alleged violation of
	Subsection (a) and may sue to collect the civil penalty described by
	this subsection.
	SECTION 2. Subchapter Z, Chapter 51, Education Code, is
	amended by adding Section 51.9762 to read as follows:
	Sec. 51.9762. RESTRICTION ON STUDY OR SURVEY OF CHILD
	SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) In this section,
	"institution of higher education" has the meaning assigned by
	Section 61.003.
	(b) An institution of higher education or a private
	institution of higher education may not conduct a study or survey on
	a child's sexual behavior unless the parent of the child or person
	standing in parental relation to the child provides written
	informed consent for the child's inclusion in the study or survey.
	This subsection does not authorize the conduct of a study or survey
	prohibited under other law, including Section 38.0043.
	(c) Information disclosed as part of a study or survey
	described by Subsection (b) indicating that a child has been abused
	or neglected, as those terms are defined by Section 261.001, Family
	Code, must be reported in accordance with Subchapter B, Chapter
	261, Family Code.
	(d) A person commits an offense if the person violates
	Subsection (b). An offense under this subsection is a state jail
	felony.
	(e) In addition to the criminal penalty under Subsection
	(d), a person who violates Subsection (b) is liable to the state for
	a civil penalty in an amount not less than $1,000 or more than
	$5,000 for each child unlawfully included in the study or survey.
	The attorney general may investigate an alleged violation of
	Subsection (b) and may sue to collect the civil penalty described by
	this subsection.
	(f) An institution of higher education or a private or
	independent institution of higher education that conducts a study
	or survey described by Subsection (b) shall provide to each parent
	of or person standing in parental relation to a child who provides
	consent for the child's inclusion in the study or survey:
	(1) a copy of the survey or study materials given to
	the child; and
	(2) an opportunity to oversee the child's
	participation in the study or survey.
	SECTION 3. Chapter 161, Health and Safety Code, is amended
	by adding Subchapter X to read as follows:
	SUBCHAPTER X. STUDIES AND SURVEYS OF CHILD SEXUAL BEHAVIOR
	Sec. 161.701. RESTRICTION ON STUDY OR SURVEY OF CHILD
	SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) A person may not
	conduct a study or survey on a child's sexual behavior unless the
	parent of the child or person standing in parental relation to the
	child provides written informed consent for the child's inclusion
	in the study or survey. This subsection does not authorize the
	conduct of a study or survey prohibited under other law, including
	Sections 38.0043 and 51.9762, Education Code.
	(b) Information disclosed as part of a study or survey
	described by Subsection (a) indicating that a child has been abused
	or neglected, as those terms are defined by Section 261.001, Family
	Code, must be reported in accordance with Subchapter B, Chapter
	261, Family Code.
	(c) A person commits an offense if the person violates
	Subsection (a). An offense under this subsection is a state jail
	felony.
	(d) In addition to the criminal penalty under Subsection
	(c), a person who violates Subsection (a) is liable to the state for
	a civil penalty in an amount not less than $1,000 or more than
	$5,000 for each child unlawfully included in the study or survey.
	The attorney general may investigate an alleged violation of
	Subsection (a) and may sue to collect the civil penalty described by
	this subsection.
	(e) A person who conducts a study or survey described by
	Subsection (a) shall provide to each parent of or person standing in
	parental relation to a child who provides consent for the child's
	inclusion in the study or survey:
	(1) a copy of the survey or study materials given to
	the child; and
	(2) an opportunity to oversee the child's
	participation in the study or survey.
	SECTION 4. This Act takes effect September 1, 2023.