Bill Text: TX SB400 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment conducted by a school district employee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-02-15 - Referred to Education [SB400 Detail]

Download: Texas-2023-SB400-Introduced.html
  88R3449 JTZ-F
 
  By: Hall S.B. No. 400
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring parental consent for psychological or
  psychiatric examination, testing, or treatment conducted by a
  school district employee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 26.009, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  An employee of a school district must obtain the written
  consent of a child's parent before the employee may:
               (1)  conduct a psychological or psychiatric
  examination or [,] test [,] or psychological or psychiatric
  treatment, unless the examination, test, or treatment is required
  under Section 38.004 or state or federal law regarding requirements
  for special education; or
               (2)  make or authorize the making of a videotape of a
  child or record or authorize the recording of a child's voice.
         (a-1)  For purposes of Subsection (a):
               (1)  "Psychological or psychiatric examination or
  test" means a method designed to elicit information regarding an
  attitude, habit, trait, opinion, belief, feeling, or mental
  disorder or a condition thought to lead to a mental disorder,
  regardless of the manner in which the method is presented or
  characterized, including a method that is presented or
  characterized as a survey, check-in, or screening or is embedded in
  an academic lesson.
               (2)  "Psychological or psychiatric treatment" means
  the planned, systematic use of a method, technique, or psychoactive
  substance that is designed to affect behavioral, emotional, or
  attitudinal characteristics of an individual or group.
         SECTION 2.  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, 2023.
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