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 | |
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| 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 [ |
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| 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. | ||
