HB 3548

relating to local school health advisory councils and instruction
regarding human sexuality, sexual orientation, and gender identity
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 12.104(b), Education Code, is amended to
(b)  An open-enrollment charter school is subject to:
(1)  a provision of this title establishing a criminal
(2)  the provisions in Chapter 554, Government Code;
(3)  a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
(A)  the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B)  criminal history records under Subchapter C,
(C)  reading instruments and accelerated reading
instruction programs under Section 28.006;
(D)  accelerated instruction under Section
(E)  high school graduation requirements under
(F)  special education programs under Subchapter
(G)  bilingual education under Subchapter B,
(H)  prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I)  extracurricular activities under Section
(J)  discipline management practices or behavior
management techniques under Section 37.0021;
(K)  health and safety under Chapter 38;
(L)  the provisions of Subchapter A, Chapter 39;
(M)  public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
(N)  the requirement under Section 21.006 to
report an educator's misconduct;
(O)  intensive programs of instruction under
(P)  the right of a school employee to report a
crime, as provided by Section 37.148;
(Q)  bullying prevention policies and procedures
(R)  the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S)  the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
(T)  a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U)  establishment of residency under Section
(V)  school safety requirements under Sections
37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
37.2071 and Subchapter J, Chapter 37;
(W)  the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X)  the college, career, and military readiness
plans under Section 11.186; [and]
(Y)  parental options to retain a student under
(Z)  establishment of a local school health
advisory council with members appointed by the governing body of
the school and health education instruction that complies with
SECTION 2.  Section 12A.004(a), Education Code, is amended
(a)  A local innovation plan may not provide for the
exemption of a district designated as a district of innovation from
the following provisions of this title:
(1)  a state or federal requirement applicable to an
open-enrollment charter school operating under Subchapter D,
(2)  Subchapters A, C, D, and E, Chapter 11, except that
a district may be exempt from Sections 11.1511(b)(5) and (14) and
(3)  state curriculum and graduation requirements
adopted under Chapter 28; [and]
(5)  academic and financial accountability and
sanctions under Chapters 39 and 39A.
SECTION 3.  Section 28.004, Education Code, is amended by
amending Subsection (c) and adding Subsections (r), (s), (t), (u),
(c)  The local school health advisory council's duties
(1)  the number of hours of instruction to be provided
(A)  health education in kindergarten through
(B)  if the school district requires health
education for high school graduation, health education, including
physical health education and mental health education, in grades 9
(2)  policies, procedures, strategies, and curriculum
appropriate for specific grade levels designed to prevent physical
health concerns, including obesity, cardiovascular disease, Type 2
diabetes, and mental health concerns, including suicide, through
(A)  health education, which must address
physical health concerns and mental health concerns to ensure the
integration of physical health education and mental health
(B)  physical education and physical activity;
(E)  instruction on substance abuse prevention;
(F)  school health services, including mental
(G)  a comprehensive school counseling program
(H)  a safe and healthy school environment; and
(3)  appropriate grade levels and methods of
instruction for human sexuality instruction;
(4)  strategies for integrating the curriculum
components specified by Subdivision (2) with the following elements
in a coordinated school health program for the district:
(A)  school health services, including physical
health services and mental health services, if provided at a campus
by the district or by a third party under a contract with the
(B)  a comprehensive school counseling program
(C)  a safe and healthy school environment; and
(5)  if feasible, joint use agreements or strategies
for collaboration between the school district and community
(6)  strategies to increase parental awareness
(A)  risky behaviors and early warning signs of
suicide risks and behavioral health concerns, including mental
health disorders and substance use disorders; and
(B)  available community programs and services
that address risky behaviors, suicide risks, and behavioral health
(7)  appropriate grade levels and curriculum for
instruction regarding the dangers of opioids, including
(A)  opioid addiction and abuse, including
addiction to and abuse of synthetic opioids such as fentanyl; and
(B)  methods of administering an opioid
antagonist, as defined by Section 483.101, Health and Safety Code;
(8)  appropriate grade levels and curriculum for
instruction regarding child abuse, family violence, dating
violence, and sex trafficking, including likely warning signs that
a child may be at risk for sex trafficking, provided that the local
school health advisory council's recommendations under this
subdivision do not conflict with the essential knowledge and skills
developed by the State Board of Education under this subchapter;
(9)  the communication policy described by Subsection
(r) for approval by the board of trustees of the school district.
(r)  Subject to the restriction imposed by Section 28.0043
and using the procedure described by Subsection (e-1) of this
section, the board of trustees shall adopt a written policy
regarding communication outside of a course dedicated to human
sexuality instruction between a school employee and a student
enrolled in the district concerning topics included in the
reproductive and sexual health curriculum.  The policy must:
(1)  direct school employees for discussion of topics
included in the reproductive and sexual health curriculum to refer
students to the student's parent, a school counselor, or, if
applicable, the student's teacher responsible for teaching
materials related to human sexuality instruction;
(2)  inform school employees of appropriate boundaries
related to communicating with students; and
(3)  include provisions designed to prevent improper
communication between school employees and students.
(s)  A school district shall make the policy adopted under
Subsection (r) available in the same manner as curriculum materials
(t)  A school district may not host an extracurricular
activity related to human sexuality unless the board of trustees
has adopted a written policy, subject to the restriction imposed by
Section 28.0043 and using the procedure described by Subsection
(e-1) of this section, specifying the circumstances in which the
district may host an extracurricular activity related to human
(u)  For purposes of adopting a communication policy under
this section, "communication" includes any verbal or written
communication conducted in person or facilitated through the use of
an electronic device, including communication conducted through a
telephone, cellular telephone, computer, personal data assistant,
or pager or through a computer network, e-mail, text message,
instant message, social media application, or Internet website.
(v)  If the attorney general or an appropriate district or
county attorney believes a school district has violated or is
violating the provisions of this section, the attorney general or
district or county attorney may bring a cause of action on behalf of
the state to enjoin the district from violating the provisions.  The
action may be brought in a district court in Travis County or a
county in which any part of the violation or threatened violation
occurred. The court may grant any prohibitory or mandatory relief
warranted by the facts, including a temporary restraining order,
temporary injunction, or permanent injunction.
SECTION 4.  Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0043 to read as follows:
Sec. 28.0043.  RESTRICTION ON INSTRUCTION REGARDING SEXUAL
ORIENTATION AND GENDER IDENTITY.  (a)  A school district,
open-enrollment charter school, or district or charter school
employee may not provide or allow a third party to provide
instruction, guidance, activities, or programming regarding sexual
orientation or gender identity to students enrolled in
prekindergarten through 12th grade.
(b)  This section may not be construed to limit:
(1)  a student's ability to engage in speech or
expressive conduct protected by the First Amendment to the United
States Constitution or by Section 8, Article I, Texas Constitution,
that does not result in material disruption to school activities;
(2)  the ability of a person who is authorized by the
district to provide physical or mental health-related services to
provide the services to a student, subject to any required parental
SECTION 5.  Section 12A.004(a), Education Code, as amended
by this Act, applies to a local innovation plan adopted or renewed
before, on, or after the effective date of this Act.
SECTION 6.  Section 28.004, Education Code, as amended by
this Act, applies only to a cause of action that accrues on or after
the effective date of this Act.
SECTION 7.  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, 2025.