Bill Text: TX SB762 | 2025-2026 | 89th Legislature | Introduced


Bill Title: Relating to the display of flags in public schools.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-10 - Filed [SB762 Detail]

Download: Texas-2025-SB762-Introduced.html
  89R842 PRL-F
 
  By: Campbell S.B. No. 762
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the display of flags in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 1, Education Code, is amended by adding
  Section 1.0031 to read as follows:
         Sec. 1.0031.  DISPLAY OF FLAGS. (a)  In this section,
  "display" means to exhibit or place an object anywhere students may
  see the object.
         (b)  A public elementary or secondary school may not display
  or permit an employee, agent, volunteer, or student to display on
  school property any flag other than the following flags:
               (1)  the United States flag;
               (2)  the state flag;
               (3)  a flag that cannot be disturbed or altered due to
  archeological or historical preservation as determined by the Texas
  Historical Commission;
               (4)  the Prisoner of War or Missing in Action flag;
               (5)  a flag that represents an Indian tribe, as defined
  by 25 U.S.C. Section 5304(e);
               (6)  a flag that represents a political subdivision;
               (7)  a flag that represents any unit, branch, or other
  division of the armed forces of the United States, including a
  Reserve Officers' Training Corps program;
               (8)  a flag that represents a foreign country or
  political subdivision of that country;
               (9)  a flag that represents a college or university;
               (10)  a flag that is displayed temporarily as part of
  the required curriculum under Section 28.002;
               (11)  the school's official flag; or
               (12)  the flag of an organization authorized to use a
  school building, provided that the flag is only displayed during
  the authorized time and at the authorized location specified for
  the organization's use of school property.
         (c)  Notwithstanding any other law, a parent or guardian of a
  child who is enrolled, or eligible to enroll, in a school that
  violates Subsection (b) and fails to provide notice of the remedy
  implemented by the school within the period prescribed by
  Subsection (e) may bring an action against the school to obtain an
  injunction to comply with this section.
         (d)  Before bringing an action under Subsection (c), the
  parent or guardian must provide written notice of the alleged
  violation that is the basis for the action to the school and allow
  the school 10 business days from receipt of the notice to remedy the
  violation.
         (e)  Not later than the 10th business day after receiving a
  written notice under Subsection (d), the school shall provide in
  writing to the parent or guardian notice of the remedy the school
  implemented.
         SECTION 2.  It is the intent of the legislature that every
  provision, section, subsection, sentence, clause, phrase, or word
  in this Act, and every application of the provisions in this Act to
  every person, group of persons, or circumstances, is severable from
  each other.  If any application of any provision in this Act to any
  person, group of persons, or circumstances is found by a court to be
  invalid for any reason, the remaining applications of that
  provision to all other persons and circumstances shall be severed
  and may not be affected.
         SECTION 3.  This Act takes effect January 1, 2026.
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