89R2689 JTZ-F     By: Money H.B. No. 4003       A BILL TO BE ENTITLED   AN ACT   relating to parental consent for certain activities engaged in by a   school district employee or contractor with respect to the parent's   child.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 26.009, Education Code, is amended to   read as follows:          Sec. 26.009.  CONSENT REQUIRED FOR CERTAIN ACTIVITIES.  (a)     An employee or contractor of a school district must obtain the   written informed consent of a child's parent each time before the   employee or contractor 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)  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, technique, or psychoactive   substance that is designed to affect behavioral, emotional, or   attitudinal characteristics of an individual or group.          (a-2)  Subsection (a) may not be construed to limit the   authority of a school district employee or contractor to:                (1)  verbally inquire about a child's general   well-being; or                (2)  conduct an academic lesson, provided that the   lesson does not directly inquire or probe into a child's mental or   emotional state.          (b)  An employee or contractor of a school district is not   required to obtain the consent of a child's parent before the   employee or contractor may make a videotape of a child or authorize   the recording of a child's voice if the videotape or voice recording   is to be used only for:                (1)  purposes of safety, including the maintenance of   order and discipline in common areas of the school or on school   buses;                (2)  a purpose related to a cocurricular or   extracurricular activity;                (3)  a purpose related to regular classroom   instruction;                (4)  media coverage of the school; or                (5)  a purpose related to the promotion of student   safety under Section 29.022.          (c)  A school district shall retain the written informed   consent of a child's parent obtained under this section as part of   the child's education records.          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.