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 |
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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. |