Bill Text: TX HB107 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the prohibition on instruction and certain activities regarding sexual orientation or gender identity provided or allowed by school districts, open-enrollment charter schools, and district and charter school employees.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2023-10-09 - Filed [HB107 Detail]
Download: Texas-2023-HB107-Introduced.html
88S30128 JTZ-F | ||
By: Tepper | H.B. No. 107 |
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relating to the prohibition on instruction and certain activities | ||
regarding sexual orientation or gender identity provided or allowed | ||
by school districts, open-enrollment charter schools, and district | ||
and charter school employees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 28, Education Code, is | ||
amended by adding Section 28.0043 to read as follows: | ||
Sec. 28.0043. PROHIBITION ON INSTRUCTION AND CERTAIN | ||
ACTIVITIES REGARDING SEXUAL ORIENTATION OR GENDER IDENTITY. (a) | ||
Except as provided by Subsection (b), a school district, | ||
open-enrollment charter school, or district or charter school | ||
employee may not provide or allow a third party to provide | ||
instruction, guidance, activities, or programming regarding sexual | ||
orientation or gender identity to students enrolled in | ||
prekindergarten through 12th grade. | ||
(b) This section may not be construed to limit: | ||
(1) a student's ability to engage in speech or | ||
expressive conduct protected by the First Amendment to the United | ||
States Constitution or by Section 8, Article I, Texas Constitution, | ||
that does not result in material disruption to school activities; | ||
or | ||
(2) the ability of a person who is authorized by the | ||
district to provide physical or mental health-related services to | ||
provide the services to a student, subject to any required parental | ||
consent. | ||
SECTION 2. This Act applies beginning with the 2024-2025 | ||
school year. | ||
SECTION 3. 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 on the 91st day after the last day of the | ||
legislative session. |