By: Hall S.B. No. 1031
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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
  informed 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. 
         (f) An institution of higher education or a private or
  independent institution of higher education that conducts a study
  or survey described by Subsection (b) shall provide to each parent
  of or person standing in parental relation to a child who provides
  consent for the child's inclusion in the study or survey:
               (1)  a copy of the survey or study materials given to
  the child; and
               (2)  an opportunity to oversee the child's
  participation in the study or survey.
         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 informed 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. 
         (e) A person who conducts a study or survey described by
  Subsection (a) shall provide to each parent of or person standing in
  parental relation to a child who provides consent for the child's
  inclusion in the study or survey:
               (1)  a copy of the survey or study materials given to
  the child; and
               (2)  an opportunity to oversee the child's
  participation in the study or survey.
         SECTION 4.  This Act takes effect September 1, 2023.