Bill Text: TX SB1396 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to a period of prayer and reading of the Bible or other religious text in public schools.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Engrossed - Dead) 2023-04-25 - Referred to State Affairs [SB1396 Detail]

Download: Texas-2023-SB1396-Comm_Sub.html

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By: Middleton, et al. S.B. No. 1396
(In the Senate - Filed March 1, 2023; March 16, 2023, read
first time and referred to Committee on Education; April 12, 2023,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 10, Nays 2; April 12, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1396 By: Flores

A BILL TO BE ENTITLED
AN ACT
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 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.
(b) A policy adopted under Subsection (a) must prohibit:
(1) 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 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; and
(2) the provision of a prayer or reading of the Bible
or other religious text over a public address system.
(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 district or
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 district or 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.
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[, encourage,] or coerce a student
to engage in or refrain from such prayer or meditation during any
school activity.
SECTION 3. Each board of trustees of a school district and
each governing body of an open-enrollment charter school shall take
a record vote not later than six months after the effective date of
this Act on whether to adopt a policy requiring every campus of the
district or school to provide a period of prayer and reading of the
Bible or other religious text under Section 25.0823, Education
Code, as added by this Act.
SECTION 4. This Act applies beginning with the 2023-2024
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, 2023.
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