Monitoring the Session

SB 400

Kolkhorst Bill’s ‘Treatment’ Definition Could Cover Classroom Management

Died in committee

Verdict: Smells

SmellsReviewed
Sen. Lois KolkhorstRSenate 18
Why it's charged
Dragnet

THE CAPTION

“relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment”…

Caption, introduced version (I)

THE TEXT

“"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.”

Bill text, introduced version (I)

The caption speaks of psychological or psychiatric care, but this definition covers any planned method meant to affect the behavior or attitudes of a group. Read literally, that could reach ordinary classroom management or character lessons, which would then need signed consent. The companion test definition also reaches anything that draws out an opinion or belief, even when it is part of an academic lesson.

Dragnet

Reviewed · Nov 1, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

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

Caption from analyzed text · version I.

Summary

Any planned method to affect a group’s “attitudinal characteristics” needs a signed parent form first.

The bill requires a school district employee to get a parent's signed, written consent before giving a child any psychological or psychiatric exam, test, or treatment, except what special education law or Section 38.004 requires. It touches every public school student, parent, counselor, teacher, and district that runs surveys, check-ins, screenings, or similar activities. Starting with the 2025-2026 school year, a child cannot take part in any such activity, including one presented as a survey or built into a lesson, until the district has the parent's signed form in hand.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R SB 595 (Did not pass) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 595 (Did not pass). 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.GOT HALFWAY. Passed the Senate on Mar 24, 2025. Died in the House: never got out of the Public Education committee.

Receipt

The receipt

89R-SB400 · 2024-11-20

SOLD BY

Sen. Lois KolkhorstRSenate 18

+ 8 coauthors

ITEM

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

WHAT IT DOES

Any planned method to affect a group’s “attitudinal characteristics” needs a signed parent form first.

The bill requires a school district employee to get a parent's signed, written consent before giving a child any psychological or psychiatric exam, test, or treatment, except what special education law or Section 38.004 requires. It touches every public school student, parent, counselor, teacher, and district that runs surveys, check-ins, screenings, or similar activities. Starting with the 2025-2026 school year, a child cannot take part in any such activity, including one presented as a survey or built into a lesson, until the district has the parent's signed form in hand.

CHARGES

[x] DRAGNETanalysis confidence 50%

THE CAPTION

“relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment”…

Caption, introduced version (I)

THE TEXT

“"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.”

Bill text, introduced version (I)

The caption speaks of psychological or psychiatric care, but this definition covers any planned method meant to affect the behavior or attitudes of a group. Read literally, that could reach ordinary classroom management or character lessons, which would then need signed consent. The companion test definition also reaches anything that draws out an opinion or belief, even when it is part of an academic lesson.

TOTAL

No fiscal implication to the State is anticipated.

LBB estimate · fiscal note version S · source

Sources

Fiscal note · version S · March 13, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to Education K-16
  5. Scheduled for public hearing on . . .
  6. Considered in public hearing
  7. Testimony taken in committee
  8. Left pending in committee
  9. Considered in public hearing
  10. Vote taken in committee
  11. Reported favorably as substituted
  12. Committee report printed and distributed
  13. Co-author authorized
  14. Co-author authorized
  15. Placed on intent calendar
  16. Co-author authorized
  17. Rules suspended-Regular order of business
  18. Record vote
  19. Read 2nd time
  20. Amendment(s) offered FA1 Menéndez
  21. Amended
  22. Vote recorded in Journal
  23. Passed to engrossment as amended
  24. Record vote
  25. Three day rule suspended
  26. Record vote
  27. Read 3rd time
  28. Passed
  29. Record vote
  30. Reported engrossed
  31. Received from the Senate
  32. Read first time
  33. Referred to Public Education
FILED UNDER

No verified beat found.

SIGNED FOR BY

Senate · 28 yea · 2 nay

Sources

Senate: Final passage · Mar 24, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Lois Kolkhorst

Donors

Texans for Lawsuit Reform PAC$60KBorder Health PAC$35KSRR Ranches, LLC$30K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 11, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$60,000.00

Texans for Lawsuit Reform PAC

$60,000.00

Cash
$60,000.00
Paid by others
$0.00
Total
$60,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Nov 19, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101007416, 101012417, 101070754.

Border Health PAC$35,000.00

Border Health PAC

$35,000.00

Cash
$35,000.00
Paid by others
$0.00
Total
$35,000.00

Also funds 17 other sitting lawmakers.

Derived recipient stock · Oct 28, 2024 to Aug 26, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Dec 6, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012417.

SRR Ranches, LLC$30,000.00

SRR Ranches, LLC

$30,000.00

Cash
$30,000.00
Paid by others
$0.00
Total
$30,000.00

Also funds 3 other sitting lawmakers.

Derived recipient stock · Oct 23, 2024 to Oct 8, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · Oct 23, 2024 to Oct 1, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012417, 101070754.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$60,000.00

Cash
$60,000.00
Paid by others
$0.00
Total
$60,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Nov 19, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101007416, 101012417, 101070754.

×

Border Health PAC

$35,000.00

Cash
$35,000.00
Paid by others
$0.00
Total
$35,000.00

Also funds 17 other sitting lawmakers.

Derived recipient stock · Oct 28, 2024 to Aug 26, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Dec 6, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012417.

×

SRR Ranches, LLC

$30,000.00

Cash
$30,000.00
Paid by others
$0.00
Total
$30,000.00

Also funds 3 other sitting lawmakers.

Derived recipient stock · Oct 23, 2024 to Oct 8, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · Oct 23, 2024 to Oct 1, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012417, 101070754.

Votes4

Senate Mar 24, 2025

Yea
28
Nay
2
Present, not voting
Not printed
Absent
0
Excused
1
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The bill was read third time and was passed by the following vote: Yeas 28, Nays 2. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

  • Yea: 28 (published)
  • Nay: 2 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Mar 24, 2025

Yea
28
Nay
2
Present, not voting
Not printed
Absent
0
Excused
1
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Kolkhorst moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 400 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 2.

Published stock of positions for this vote, except where marked derived.

  • Yea: 28 (published)
  • Nay: 2 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Mar 24, 2025

Yea
28
Nay
2
Present, not voting
Not printed
Absent
0
Excused
1
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

CSSB 400 as amended was passed to engrossment by the following vote: Yeas 28, Nays 2.

Published stock of positions for this vote, except where marked derived.

  • Yea: 28 (published)
  • Nay: 2 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Mar 24, 2025

Yea
28
Nay
2
Present, not voting
Not printed
Absent
0
Excused
1
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Kolkhorst moved to suspend the regular order of business to take up for consideration CSSB 400 at this time on its second reading: CSSB 400, Relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment conducted by a school district employee. The motion prevailed by the following vote: Yeas 28, Nays 2.

Published stock of positions for this vote, except where marked derived.

  • Yea: 28 (published)
  • Nay: 2 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses247
For
46
Against
192
On
9
Names

For

  • Baptist General Convention of Texas Christian Life Commission1 registration
  • Citizens Commission on Human Rights1 registration
  • Family Freedom Project1 registration
  • Parent Guidance Center1 registration
  • Self30 registrations
  • Self; Beacon Health Education Resources1 registration
  • Self; Southern Baptists of Texas Convention1 registration
  • Self; Texas Eagle Forum3 registrations
  • Self; Texas Education 9111 registration
  • Self; Texas Values2 registrations
  • Texas Association of School Boards1 registration
  • Texas Public Policy Foundation1 registration
  • Texas Right To Know1 registration
  • Texas Values Action1 registration

Against

  • MOVE Texas civic fund1 registration
  • Self173 registrations
  • Self; ACLU of Texas2 registrations
  • Self; Equality Texas3 registrations
  • Self; Every Texan1 registration
  • Self; Girls Empowerment Network1 registration
  • Self; Measure1 registration
  • Self; Moms Demand Action for gun sense laws and policies1 registration
  • Self; Texas Association of School Psychologists1 registration
  • Self; Texas Counseling Association1 registration
  • Self; Texas Freedom Network1 registration
  • Self; Texas Unitarian Universalist Justice Ministry2 registrations
  • Self; University democats ut1 registration
  • Self; Ut students2 registrations
  • Texas PTA1 registration

On

  • NAMI Texas1 registration
  • National Association of Social-TX1 registration
  • Self2 registrations
  • Self; Purple For Parents United1 registration
  • TEA1 registration
  • Texas Coalition for Healthy Minds1 registration
  • Texas Education Agency1 registration
  • Texas Psychological Association1 registration
Sources

247 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No fiscal implication to the State is anticipated.

LBB estimate · fiscal note version S · source

Sources

Fiscal note · version S · March 13, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R SB 595

by Sen. Kolkhorst, same lead author · Did not pass · same text

Introduced text

Last action, May 23, 2023: Placed on General State Calendar

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

Caption, 88R bill history

Sources

Texas Senate · Filed Nov 20, 2024

04/09/2025 H Referred to Public Education: Apr 9 2025 11:27AM

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed

Data snapshot Nov 1, 2026 at 2:03 PM CST. Grades, charges, quotes and corrections follow the published record.

Coauthors
Donna CampbellRSenate 25 Brandon CreightonRSenate 4 Pete FloresRSenate 24 Brent HagenbuchRSenate 30 Bob HallRSenate 2 Adam HinojosaRSenate 27 Joan HuffmanRSenate 17 Kevin SparksRSenate 31

House committee · Public Education · Final status: Died in committee

Senate committee · Education K-16 · Committee vote 10 aye, 0 nay, 1 absent · Out of committee

Companion

HB 789 by Swanson (similar)

Subjects

Education--Primary & Secondary--General

Education--Primary & Secondary--Other School Personnel

Education--Primary & Secondary--Teachers

Mental Health & Substance Abuse

Minors--Health & Safety

PARENTAL CONSENT

Text

The text as introduced · 374 words

89R3253 MEW-F

By: Kolkhorst
S.B. No. 400

A BILL TO BE ENTITLED

AN ACT

relating to requiring parental consent for psychological or

psychiatric examination, testing, or treatment conducted by a

school district employee.

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

read as follows:

(a) An employee of a school district must obtain the written

consent of a child's parent in the manner required by Subsection

(a-2) before the employee may:

(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

for special education; or

(2) subject to Subsection (b), make or authorize the

making of a videotape of a child or record or authorize the

recording of a child's voice.

(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

an academic lesson.

(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

school year.

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.