Bill Text: TX HB4151 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to a period of prayer in public schools and at school-sponsored athletic events.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2019-03-25 - Referred to Public Education [HB4151 Detail]
Download: Texas-2019-HB4151-Introduced.html
By: Middleton | H.B. No. 4151 |
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relating to a period of prayer in public schools and at | ||
school-sponsored athletic events. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 25.082, Education Code, | ||
is amended to read as follows: | ||
Sec. 25.082. PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE; | ||
PERIOD OF PRAYER. | ||
SECTION 2. Section 25.082, Education Code, is amended by | ||
amending Subsections (c) and (d) and adding Subsection (e) to read | ||
as follows: | ||
(c) On written request from a student's parent or guardian, | ||
a school district or open-enrollment charter school shall excuse | ||
the student from reciting a pledge of allegiance under Subsection | ||
(b) or participating in a period of prayer under Subsection (e). | ||
(d) Except as provided by Subsection (e), the [ |
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trustees of each school district and the governing board of each | ||
open-enrollment charter school shall provide for the observance of | ||
one minute of silence at each campus following the recitation of the | ||
pledges of allegiance to the United States and Texas flags under | ||
Subsection (b). During the one-minute period, each student may, as | ||
the student chooses, reflect, pray, meditate, or engage in any | ||
other silent activity that is not likely to interfere with or | ||
distract another student. Each teacher or other school employee in | ||
charge of students during that period shall ensure that each of | ||
those students remains silent and does not act in a manner that is | ||
likely to interfere with or distract another student. | ||
(e) 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 a period of prayer following the recitations of | ||
the pledges of allegiance to the United States and state flags under | ||
Subsection (b) and before each school-sponsored athletic event held | ||
on a district campus or facility. A district or school adopting a | ||
period of prayer under this subsection is not required to provide | ||
the observance of one minute of silence as required by Subsection | ||
(d). A policy adopted under this subsection must require a student | ||
volunteer to lead the period of prayer. The period of prayer must be | ||
conducted over a public address system. | ||
SECTION 3. Subchapter C, Chapter 25, Education Code, is | ||
amended by adding Section 25.082A to read as follows: | ||
Section 25.082A DEFENSE OF SCHOOL DISTRICTS IN SUITS RELATED | ||
TO SCHOOL PRAYER POLICY. | ||
(a) The attorney general shall defend a | ||
school district in any action in any court arising from a policy | ||
adopting a period of prayer under Section 25.082(e) if: | ||
(1) the board of trustees of the school district | ||
requests the attorney general's assistance in the defense; and | ||
(2) the attorney general determines that the cause of | ||
action arises out of a claim involving the school district's | ||
good-faith compliance with Section 25.082(e). | ||
(b) If the attorney general defends a school district under | ||
Subsection (a), the state is liable for the expenses, costs, | ||
judgment, or settlement of the claims arising out of the | ||
representation. The attorney general may settle or compromise any | ||
and all claims described by Subsection (a)(2). The state may not be | ||
liable for any expenses, costs, judgments, or settlements of any | ||
claims against a school district not being represented by the | ||
attorney general under Subsection (a). | ||
SECTION 4. 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[ |
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to engage in or refrain from such prayer or meditation during any | ||
school activity. | ||
SECTION 5. 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 under Section | ||
25.082(e), Education Code, as added by this Act. | ||
SECTION 6. This Act applies beginning with the 2019-2020 | ||
school year. | ||
SECTION 7. 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, 2019. |