Schools can limit it only with a compelling state interest and the least restrictive means.
The bill bars school districts, charter schools and other state government bodies from limiting a school employee's religious speech or prayer while on duty. The only exception is a limit that serves a compelling state interest and uses the least restrictive means to get there. Teachers and other public school staff gain a written legal shield for on-duty prayer, and schools must meet that high bar before restricting it.
Labels
Labels: BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 1556 by Sen. Parker (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.
relating to the right of a public school employee to engage in
religious speech or prayer while on duty.
WHAT IT DOES
Schools can limit it only with a compelling state interest and the least restrictive means.
The bill bars school districts, charter schools and other state government bodies from limiting a school employee's religious speech or prayer while on duty. The only exception is a limit that serves a compelling state interest and uses the least restrictive means to get there. Teachers and other public school staff gain a written legal shield for on-duty prayer, and schools must meet that high bar before restricting it.
89R108 JTZ-D
By: Leach
H.B. No. 717
A BILL TO BE ENTITLED
AN ACT
relating to the right of a public school employee to engage in
religious speech or prayer while on duty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 22, Education Code, is
amended by adding Section 22.012 to read as follows:
Sec. 22.012. RELIGIOUS SPEECH OR PRAYER. The right of an
employee of a school district or open-enrollment charter school to
engage in religious speech or prayer while on duty may not be
infringed on by the district or school or another state
governmental entity, unless the infringement is:
(1) necessary to further a compelling state interest;
and
(2) narrowly tailored using the least restrictive
means to achieve that compelling state interest.
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, 2025.