SB 400

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

Senate Bill • Kolkhorst

In Committee

Filed

Committee

Referred to committee for review

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

Filed

In Committee

Referred to committee for review

Hearing Scheduled

Passed Committee

Floor Calendar

Passed Chamber

Sent to Other Chamber

Passed Both Chambers

Sent to Governor

Signed into Law

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Pending Committee Hearing

Referred to committee, awaiting hearing schedule

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Committee

Not yet assigned

Fiscal Note

Not available

Latest Action

Referred to Public Education • Apr 9, 2025

Co-Authors (8)

Campbell, Creighton, Flores, Hagenbuch, Hall, Hinojosa, Adam, Huffman, Sparks

What This Bill Does

relating to requiring parental consent for psychological or

Subject Areas

Education--Primary & Secondary--Teachers Mental Health & Substance Abuse PARENTAL CONSENT Education--Primary & Secondary--General Minors--Health & Safety Education--Primary & Secondary--Other School Personnel

Bill Text

relating to requiring parental consent for psychological or
psychiatric examination, testing, or treatment conducted by a
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 Subsections (a-1) and (a-2) to
(a)  An employee of a school district must obtain the written
consent of a child's parent in the manner required by Subsection
(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
(2)  subject to Subsection (b), make or authorize the
making of a videotape of a child or record or authorize the
(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
(2)  "Psychological or psychiatric treatment" means
the planned, systematic use of a method or technique that is
designed to affect behavioral, emotional, or attitudinal
characteristics of an individual or group.
(a-2)  Written consent for a parent's child to participate in
a district activity described by Subsection (a) must be signed by
the parent and returned to the district.  A child may not
participate in the activity unless the district receives the
parent's signed written consent to that activity.
SECTION 2.  This Act applies beginning with the 2025-2026
SECTION 3.  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.