Bill Text: TX SB762 | 2025-2026 | 89th Legislature | Engrossed

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Bill Title: Relating to the display of flags in public schools; providing a civil penalty.

Sponsorship: Partisan Bill (Republican 2)

Status: (Engrossed - Dead) 2025-04-22 - Referred to Public Education [SB762 Detail]

Download: Texas-2025-SB762-Engrossed.html

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By: Campbell, Creighton S.B. No. 762

A BILL TO BE ENTITLED
AN ACT
relating to the display of flags in public schools; providing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Education Code, is amended by adding
Section 1.0031 to read as follows:
Sec. 1.0031. DISPLAY OF FLAGS. (a) In this section:
(1) "Display" means to exhibit or place an object
anywhere students may see the object.
(2) "Flag" means a piece of fabric or similar material,
typically rectangular in shape, with a specific design, including a
design that symbolizes a location, governmental entity, or cause.
(b) A public elementary or secondary school may not display
or permit an employee, agent, volunteer, or student to display on
school property any flag other than the following flags:
(1) the United States flag;
(2) the Texas flag;
(3) a flag that cannot be disturbed or altered due to
archeological or historical preservation as determined by the Texas
Historical Commission;
(4) the Prisoner of War or Missing in Action flag;
(5) a flag that represents an Indian tribe, as defined
by 25 U.S.C. Section 5304(e);
(6) a flag that represents a political subdivision;
(7) a flag that represents any unit, branch, or other
division of the armed forces of the United States, including a
Reserve Officers' Training Corps program;
(8) a flag that represents a college or university;
(9) a flag that is displayed temporarily as part of the
required curriculum under Section 28.002;
(10) the school's official flag; or
(11) the flag of an organization authorized to use a
school building, provided that the flag is only displayed during
the authorized time and at the authorized location specified for
the organization's use of school property.
(c) A public elementary or secondary school may not display
or permit an employee, agent, volunteer, or student to display on
school property a flag described by Subsection (b) with alterations
in color, symbols, or appearance.
(d) A parent or guardian of a child who is enrolled, or
eligible to enroll, in a school that violates Subsection (b) may
provide written notice of the alleged violation to the school and
allow the school 10 business days from receipt of the notice to
remedy the violation.
(e) Not later than the 10th business day after receiving a
written notice under Subsection (d), the school shall provide in
writing to the parent or guardian notice of the remedy the school
implemented.
(f) A school that violates Subsection (b) and fails to
provide notice of the remedy implemented by the school within the
period prescribed by Subsection (e) is liable to the state for a
civil penalty in the amount of $500 for each day that the school
fails to provide notice of the remedy after the period prescribed by
Subsection (e). The attorney general may sue to collect a civil
penalty under this subsection. Money collected under this
subsection shall be deposited in the state treasury to the credit of
the general revenue fund.
SECTION 2. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this Act, and every application of the provisions in this Act to
every person, group of persons, or circumstances, is severable from
each other. If any application of any provision in this Act to any
person, group of persons, or circumstances is found by a court to be
invalid for any reason, the remaining applications of that
provision to all other persons and circumstances shall be severed
and may not be affected.
SECTION 3. This Act takes effect January 1, 2026.