Bill Text: TX SB11 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to a period of prayer and reading of the Bible or other religious text in public schools.
Spectrum: Partisan Bill (Republican 20-0)
Status: (Introduced) 2025-02-11 - Referred to Education K-16 [SB11 Detail]
Download: Texas-2025-SB11-Introduced.html
89R12641 MEW-F | ||
By: Middleton, et al. | S.B. No. 11 |
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relating to a period of prayer and reading of the Bible or other | ||
religious text in public schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 25, Education Code, is | ||
amended by adding Section 25.0823 to read as follows: | ||
Sec. 25.0823. PERIOD OF PRAYER AND READING OF BIBLE OR OTHER | ||
RELIGIOUS TEXT. (a) The board of trustees of a school district or | ||
the governing body of an open-enrollment charter school that is not | ||
operated by or affiliated with a religious organization may by | ||
record vote on a resolution described by Subsection (a-1) adopt a | ||
policy requiring every campus of the district or school to provide | ||
students and employees with an opportunity to participate in a | ||
period of prayer and reading of the Bible or other religious text on | ||
each school day in accordance with this section. | ||
(a-1) A resolution to adopt a policy under Subsection (a) | ||
must read as follows: | ||
"The (insert name of school district or open-enrollment charter | ||
school) shall adopt a policy requiring every campus of (insert name | ||
of district or school) to provide a period of prayer and reading of | ||
the Bible or other religious text as provided by Section 25.0823, | ||
Education Code." | ||
(b) A policy adopted under Subsection (a) must: | ||
(1) prohibit a student or employee of the school | ||
district or open-enrollment charter school from being permitted to | ||
participate in the period of prayer and reading of the Bible or | ||
other religious text unless the employee or parent or guardian of | ||
the student submits to the district or school a signed consent form | ||
that includes: | ||
(A) an acknowledgment that the student or | ||
employee has a choice as to whether to participate in the period of | ||
prayer and reading of the Bible or other religious text; | ||
(B) a statement that the person has no objection | ||
to the student's or employee's participation in or hearing of the | ||
prayers or readings offered during the period; and | ||
(C) an express waiver of the person's right to | ||
bring a claim under state or federal law arising out of the adoption | ||
of a policy under this section, including a claim under the | ||
Establishment Clause of the First Amendment to the United States | ||
Constitution or a related state or federal law, releasing the | ||
district or school and district or school employees from liability | ||
for those claims brought in state or federal court; | ||
(2) prohibit the provision of a prayer or reading of | ||
the Bible or other religious text over a public address system; and | ||
(3) specify that a period of prayer or reading of the | ||
Bible or other religious text may not be a substitute for | ||
instructional time. | ||
(c) An employee or parent or guardian of a student may | ||
revoke the person's consent provided under Subsection (b)(1) by | ||
informing the appropriate school administrator, as determined by | ||
the school district or open-enrollment charter school. An employee | ||
or student for whom consent has been revoked under this subsection: | ||
(1) may not participate in the period of prayer and | ||
reading of the Bible or other religious text until the employee or | ||
parent or guardian of the student submits to the district or school | ||
a new consent form under Subsection (b)(1); and | ||
(2) remains bound by the waiver described by | ||
Subsection (b)(1)(C). | ||
(d) A policy adopted under Subsection (a): | ||
(1) must include provisions ensuring a prayer or | ||
reading of the Bible or other religious text is not provided in the | ||
physical presence of, within the hearing of, or in another manner | ||
which would constitute an injury in fact within the meaning of the | ||
United States or Texas Constitution on a person for whom a signed | ||
consent form has not been submitted under Subsection (b)(1) or has | ||
been revoked under Subsection (c); and | ||
(2) in order to comply with this subsection, may | ||
require that the period of prayer and reading of the Bible or other | ||
religious text be provided: | ||
(A) before normal school hours; | ||
(B) only in classrooms or other areas in which a | ||
consent form under Subsection (b)(1) has been submitted for every | ||
employee and student, which may include an entire school district | ||
or open-enrollment charter school campus if a consent form has been | ||
submitted for each employee and student at the campus; or | ||
(C) by any other method recommended by the | ||
attorney general or legal counsel for the district or school. | ||
(e) The attorney general, on request from the board of | ||
trustees of a school district or the governing body of an | ||
open-enrollment charter school, shall: | ||
(1) provide advice on best methods for a district or | ||
school to comply with the requirements of this section; | ||
(2) provide a model consent form that may be used for | ||
purposes of providing consent under Subsection (b)(1); and | ||
(3) defend the district or school in a cause of action | ||
arising out of the adoption of a policy under Subsection (a). | ||
(f) If the attorney general defends a school district or | ||
open-enrollment charter school under Subsection (e)(3), the state | ||
is liable for the expenses, costs, judgments, or settlements of the | ||
claims arising out of the representation. The attorney general may | ||
settle or compromise any and all claims under this subsection. The | ||
state may not be liable for any expenses, costs, judgments, or | ||
settlements of any claims arising out of the adoption of a policy | ||
under Subsection (a) against a district or school not being | ||
represented by the attorney general. | ||
(g) Regardless of whether the board of trustees of a school | ||
district or the governing body of an open-enrollment charter school | ||
adopts a policy under Subsection (a), this section does not | ||
prohibit a student or employee of the district or school from | ||
participating in prayer or reading the Bible or other religious | ||
text during a period of the school day that is not designated as a | ||
period of prayer and reading of the Bible or other religious text. | ||
SECTION 2. Section 25.901, Education Code, is amended to | ||
read as follows: | ||
Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A | ||
public school student has an absolute right to individually, | ||
voluntarily, and silently pray or meditate in school in a manner | ||
that does not disrupt the instructional or other activities of the | ||
school. A person may not require[ |
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to engage in or refrain from such prayer or meditation during any | ||
school activity. | ||
SECTION 3. Not later than six months after the effective | ||
date of this Act, each board of trustees of a school district and | ||
each governing body of an open-enrollment charter school shall take | ||
a record vote on whether to adopt a resolution described by Section | ||
25.0823(a-1), Education Code, as added by this Act. | ||
SECTION 4. This Act applies beginning with the 2025-2026 | ||
school year. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2025. |