Middleton Prayer Bill Also Drops The Word ‘Encourage’

The text as introduced · 1,176 words

89R3180 TSS-F

By: Middleton
S.B. No. 380

A BILL TO BE ENTITLED

AN ACT

relating to a period of prayer and reading of the Bible or other

religious text in public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 25, Education Code, is

amended by adding Section 25.0823 to read as follows:

Sec. 25.0823. PERIOD OF PRAYER AND READING OF BIBLE OR OTHER

RELIGIOUS TEXT. (a) The board of trustees of a school district or

the governing body of an open-enrollment charter school that is not

operated by or affiliated with a religious organization may by

record vote on a resolution described by Subsection (a-1) adopt a

policy requiring every campus of the district or school to provide

students and employees with an opportunity to participate in a

period of prayer and reading of the Bible or other religious text on

each school day in accordance with this section.

(a-1) A resolution to adopt a policy under Subsection (a)

must read as follows:

"The (insert name of school district or open-enrollment charter

school) shall adopt a policy requiring every campus of (insert name

of district or school) to provide a period of prayer and reading of

the Bible or other religious text as provided by Section 25.0823,

Education Code."

(b) A policy adopted under Subsection (a) must prohibit:

(1) a student or employee of the school district or

open-enrollment charter school from being permitted to participate

in the period of prayer and reading of the Bible or other religious

text unless the employee or parent or guardian of the student

submits to the district or school a signed consent form that

includes:

(A) an acknowledgment that the student or

employee has a choice as to whether to participate in the period of

prayer and reading of the Bible or other religious text;

(B) a statement that the person has no objection

to the student's or employee's participation in or hearing of the

prayers or readings offered during the period; and

(C) an express waiver of the person's right to

bring a claim under state or federal law arising out of the adoption

of a policy under this section, including a claim under the

Establishment Clause of the First Amendment to the United States

Constitution or a related state or federal law, releasing the

district or school and district or school employees from liability

for those claims brought in state or federal court;

(2) the provision of a prayer or reading of the Bible

or other religious text over a public address system; and

(3) a period of prayer and reading of the Bible or

other religious text from interfering with or being provided as a

substitute for instructional time.

(c) An employee or parent or guardian of a student may

revoke the person's consent provided under Subsection (b)(1) by

informing the appropriate school administrator, as determined by

the school district or open-enrollment charter school. An employee

or student for whom consent has been revoked under this subsection:

(1) may not participate in the period of prayer and

reading of the Bible or other religious text until the employee or

parent or guardian of the student submits to the district or school

a new consent form under Subsection (b)(1); and

(2) remains bound by the waiver described by

Subsection (b)(1)(C).

(d) A policy adopted under Subsection (a):

(1) must include provisions ensuring a prayer or

reading of the Bible or other religious text is not provided in the

physical presence of, within the hearing of, or in another manner

which would constitute an injury in fact within the meaning of the

United States or Texas Constitution on a person for whom a signed

consent form has not been submitted under Subsection (b)(1) or has

been revoked under Subsection (c); and

(2) in order to comply with this subsection, may

require that the period of prayer and reading of the Bible or other

religious text be provided:

(A) before normal school hours;

(B) only in classrooms or other areas in which a

consent form under Subsection (b)(1) has been submitted for every

employee and student, which may include an entire district or

school campus if a consent form has been submitted for each employee

and student at the campus; or

(C) by any other method recommended by the

attorney general or legal counsel for the district or school.

(e) The attorney general, on request from the board of

trustees of a school district or the governing body of an

open-enrollment charter school, shall:

(1) provide advice on best methods for a district or

school to comply with the requirements of this section;

(2) provide a model consent form that may be used for

purposes of providing consent under Subsection (b)(1); and

(3) defend the district or school in a cause of action

arising out of the adoption of a policy under Subsection (a).

(f) If the attorney general defends a district or school

under Subsection (e)(3), the state is liable for the expenses,

costs, judgments, or settlements of the claims arising out of the

representation. The attorney general may settle or compromise any

and all claims under this subsection. The state may not be liable

for any expenses, costs, judgments, or settlements of any claims

arising out of the adoption of a policy under Subsection (a) against

a district or school not being represented by the attorney general.

(g) Regardless of whether the board of trustees of a school

district or the governing body of an open-enrollment charter school

adopts a policy under Subsection (a), this section does not

prohibit a student or employee of the district or school from

participating in prayer or reading the Bible or other religious

text during a period of the school day that is not designated as a

period of prayer and reading of the Bible or other religious text.

SECTION 2. Section 25.901, Education Code, is amended to

read as follows:

Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A

public school student has an absolute right to individually,

voluntarily, and silently pray or meditate in school in a manner

that does not disrupt the instructional or other activities of the

school. A person may not require[ , encourage, ] or coerce a student

to engage in or refrain from such prayer or meditation during any

school activity.

SECTION 3. Not later than six months after the effective

date of this Act, each board of trustees of a school district and

each governing body of an open-enrollment charter school shall take

a record vote on whether to adopt a resolution described by Section

25.0823(a-1), Education Code, as added by this Act.

SECTION 4. This Act applies beginning with the 2025-2026

school year.

SECTION 5. 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.