The text as introduced · 516 words
89R842 PRL-F
By: Campbell
S.B. No. 762
A BILL TO BE ENTITLED
AN ACT
relating to the display of flags in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Education Code, is amended by adding
Section 1.0031 to read as follows:
Sec. 1.0031. DISPLAY OF FLAGS. (a) In this section,
"display" means to exhibit or place an object anywhere students may
see the object.
(b) A public elementary or secondary school may not display
or permit an employee, agent, volunteer, or student to display on
school property any flag other than the following flags:
(1) the United States flag;
(2) the state flag;
(3) a flag that cannot be disturbed or altered due to
archeological or historical preservation as determined by the Texas
Historical Commission;
(4) the Prisoner of War or Missing in Action flag;
(5) a flag that represents an Indian tribe, as defined
by 25 U.S.C. Section 5304(e);
(6) a flag that represents a political subdivision;
(7) a flag that represents any unit, branch, or other
division of the armed forces of the United States, including a
Reserve Officers' Training Corps program;
(8) a flag that represents a foreign country or
political subdivision of that country;
(9) a flag that represents a college or university;
(10) a flag that is displayed temporarily as part of
the required curriculum under Section 28.002;
(11) the school's official flag; or
(12) the flag of an organization authorized to use a
school building, provided that the flag is only displayed during
the authorized time and at the authorized location specified for
the organization's use of school property.
(c) Notwithstanding any other law, a parent or guardian of a
child who is enrolled, or eligible to enroll, in a school that
violates Subsection (b) and fails to provide notice of the remedy
implemented by the school within the period prescribed by
Subsection (e) may bring an action against the school to obtain an
injunction to comply with this section.
(d) Before bringing an action under Subsection (c), the
parent or guardian must provide written notice of the alleged
violation that is the basis for the action to the school and allow
the school 10 business days from receipt of the notice to remedy the
violation.
(e) Not later than the 10th business day after receiving a
written notice under Subsection (d), the school shall provide in
writing to the parent or guardian notice of the remedy the school
implemented.
SECTION 2. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this Act, and every application of the provisions in this Act to
every person, group of persons, or circumstances, is severable from
each other. If any application of any provision in this Act to any
person, group of persons, or circumstances is found by a court to be
invalid for any reason, the remaining applications of that
provision to all other persons and circumstances shall be severed
and may not be affected.
SECTION 3. This Act takes effect January 1, 2026.