88S30128 JTZ-F
 
  By: Tepper H.B. No. 107
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.