Bill Text: TX SB1031 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to studies or surveys on children's sexual behavior conducted at or by a public primary or secondary school or by a public or private institution of higher education or another person; creating criminal offenses; imposing civil penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-06 - Referred to Youth Health & Safety, Select [SB1031 Detail]
Download: Texas-2023-SB1031-Comm_Sub.html
Bill Title: Relating to studies or surveys on children's sexual behavior conducted at or by a public primary or secondary school or by a public or private institution of higher education or another person; creating criminal offenses; imposing civil penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-06 - Referred to Youth Health & Safety, Select [SB1031 Detail]
Download: Texas-2023-SB1031-Comm_Sub.html
By: Hall | S.B. No. 1031 | |
(In the Senate - Filed February 17, 2023; March 3, 2023, | ||
read first time and referred to Committee on Health & Human | ||
Services; April 17, 2023, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 6, Nays 3; | ||
April 17, 2023, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1031 | By: Hancock |
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relating to studies or surveys on children's sexual behavior | ||
conducted at or by a public primary or secondary school or by a | ||
public or private institution of higher education or another | ||
person; creating criminal offenses; imposing civil penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 38, Education Code, is | ||
amended by adding Section 38.0043 to read as follows: | ||
Sec. 38.0043. PROHIBITION ON STUDY OR SURVEY OF CHILD | ||
SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) A school district may | ||
not conduct or permit a third party to conduct a study or survey on a | ||
child's sexual behavior. | ||
(b) A person commits an offense if the person violates | ||
Subsection (a). An offense under this subsection is a state jail | ||
felony. | ||
(c) In addition to the criminal penalty under Subsection | ||
(b), a person who violates Subsection (a) is liable to the state for | ||
a civil penalty in an amount not less than $1,000 or more than | ||
$5,000 for each child unlawfully included in the study or survey. | ||
The attorney general may investigate an alleged violation of | ||
Subsection (a) and may sue to collect the civil penalty described by | ||
this subsection. | ||
SECTION 2. Subchapter Z, Chapter 51, Education Code, is | ||
amended by adding Section 51.9762 to read as follows: | ||
Sec. 51.9762. RESTRICTION ON STUDY OR SURVEY OF CHILD | ||
SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) In this section, | ||
"institution of higher education" has the meaning assigned by | ||
Section 61.003. | ||
(b) An institution of higher education or a private | ||
institution of higher education may not conduct a study or survey on | ||
a child's sexual behavior unless the parent of the child or person | ||
standing in parental relation to the child provides written consent | ||
for the child's inclusion in the study or survey. This subsection | ||
does not authorize the conduct of a study or survey prohibited under | ||
other law, including Section 38.0043. | ||
(c) Information disclosed as part of a study or survey | ||
described by Subsection (b) indicating that a child has been abused | ||
or neglected, as those terms are defined by Section 261.001, Family | ||
Code, must be reported in accordance with Subchapter B, Chapter | ||
261, Family Code. | ||
(d) A person commits an offense if the person violates | ||
Subsection (b). An offense under this subsection is a state jail | ||
felony. | ||
(e) In addition to the criminal penalty under Subsection | ||
(d), a person who violates Subsection (b) is liable to the state for | ||
a civil penalty in an amount not less than $1,000 or more than | ||
$5,000 for each child unlawfully included in the study or survey. | ||
The attorney general may investigate an alleged violation of | ||
Subsection (b) and may sue to collect the civil penalty described by | ||
this subsection. | ||
SECTION 3. Chapter 161, Health and Safety Code, is amended | ||
by adding Subchapter X to read as follows: | ||
SUBCHAPTER X. STUDIES AND SURVEYS OF CHILD SEXUAL BEHAVIOR | ||
Sec. 161.701. RESTRICTION ON STUDY OR SURVEY OF CHILD | ||
SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) A person may not | ||
conduct a study or survey on a child's sexual behavior unless the | ||
parent of the child or person standing in parental relation to the | ||
child provides written consent for the child's inclusion in the | ||
study or survey. This subsection does not authorize the conduct of a | ||
study or survey prohibited under other law, including Sections | ||
38.0043 and 51.9762, Education Code. | ||
(b) Information disclosed as part of a study or survey | ||
described by Subsection (a) indicating that a child has been abused | ||
or neglected, as those terms are defined by Section 261.001, Family | ||
Code, must be reported in accordance with Subchapter B, Chapter | ||
261, Family Code. | ||
(c) A person commits an offense if the person violates | ||
Subsection (a). An offense under this subsection is a state jail | ||
felony. | ||
(d) In addition to the criminal penalty under Subsection | ||
(c), a person who violates Subsection (a) is liable to the state for | ||
a civil penalty in an amount not less than $1,000 or more than | ||
$5,000 for each child unlawfully included in the study or survey. | ||
The attorney general may investigate an alleged violation of | ||
Subsection (a) and may sue to collect the civil penalty described by | ||
this subsection. | ||
SECTION 4. This Act takes effect September 1, 2023. | ||
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