Bill Text: TX SB113 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to parental consent for certain activities engaged in by a school district employee or contractor with respect to the parent's child.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [SB113 Detail]
Download: Texas-2025-SB113-Introduced.html
| 89R2689 JTZ-F | ||
| By: Hall | S.B. No. 113 | |
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| relating to parental consent for certain activities engaged in by a | ||
| school district employee or contractor with respect to the parent's | ||
| child. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 26.009, Education Code, is amended to | ||
| read as follows: | ||
| Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES. (a) | ||
| An employee or contractor of a school district must obtain the | ||
| written informed consent of a child's parent each time before the | ||
| employee or contractor may: | ||
| (1) conduct a psychological or psychiatric | ||
| examination or [ |
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| treatment, unless the examination, test, or treatment is required | ||
| under Section 38.004 or state or federal law regarding requirements | ||
| for special education; or | ||
| (2) make or authorize the making of a videotape of a | ||
| child or record or authorize the recording of a child's voice. | ||
| (a-1) For purposes of Subsection (a): | ||
| (1) "Psychological or psychiatric examination or | ||
| test" means a method designed to elicit information regarding an | ||
| attitude, habit, trait, opinion, belief, feeling, or mental | ||
| disorder or a condition thought to lead to a mental disorder, | ||
| regardless of the manner in which the method is presented or | ||
| characterized, including a method that is presented or | ||
| characterized as a survey, check-in, or screening or is embedded in | ||
| an academic lesson. | ||
| (2) "Psychological or psychiatric treatment" means | ||
| the planned, systematic use of a method, technique, or psychoactive | ||
| substance that is designed to affect behavioral, emotional, or | ||
| attitudinal characteristics of an individual or group. | ||
| (a-2) Subsection (a) may not be construed to limit the | ||
| authority of a school district employee or contractor to: | ||
| (1) verbally inquire about a child's general | ||
| well-being; or | ||
| (2) conduct an academic lesson, provided that the | ||
| lesson does not directly inquire or probe into a child's mental or | ||
| emotional state. | ||
| (b) An employee or contractor of a school district is not | ||
| required to obtain the consent of a child's parent before the | ||
| employee or contractor may make a videotape of a child or authorize | ||
| the recording of a child's voice if the videotape or voice recording | ||
| is to be used only for: | ||
| (1) purposes of safety, including the maintenance of | ||
| order and discipline in common areas of the school or on school | ||
| buses; | ||
| (2) a purpose related to a cocurricular or | ||
| extracurricular activity; | ||
| (3) a purpose related to regular classroom | ||
| instruction; | ||
| (4) media coverage of the school; or | ||
| (5) a purpose related to the promotion of student | ||
| safety under Section 29.022. | ||
| (c) A school district shall retain the written informed | ||
| consent of a child's parent obtained under this section as part of | ||
| the child's education records. | ||
| SECTION 2. 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. | ||
