89R2457 JTZ-D     By: Hall S.B. No. 126       A BILL TO BE ENTITLED   AN ACT   relating to studies or surveys on children's sexual behavior   conducted at or by a public primary or secondary school, a public   institution of higher education, a prescription drug manufacturer,   a research entity, or another person; creating criminal offenses;   imposing civil penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 38, Education Code, is   amended by adding Section 38.0044 to read as follows:          Sec. 38.0044.  PROHIBITION ON STUDY OR SURVEY OF CHILD   SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY.  (a)  A school district may   not conduct or permit a third party to conduct a study or survey on a   child's sexual behavior.          (b)  A person commits an offense if the person violates   Subsection (a). An offense under this subsection is a state jail   felony.          (c)  In addition to the criminal penalty under Subsection   (b), a person who violates Subsection (a) is liable to the state for   a civil penalty in an amount not less than $1,000 or more than   $5,000 for each child unlawfully included in the study or survey.     The attorney general may investigate an alleged violation of   Subsection (a) and may sue to collect the civil penalty described by   this subsection.          SECTION 2.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.9762 to read as follows:          Sec. 51.9762.  PROHIBITION ON STUDY OR SURVEY OF CHILD   SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY.  (a)  In this section,   "institution of higher education" has the meaning assigned by   Section 61.003.          (b)  An institution of higher education may not conduct a   study or survey on a child's sexual behavior.          (c)  A person commits an offense if the person violates   Subsection (b).  An offense under this subsection is a state jail   felony.          (d)  In addition to the criminal penalty under Subsection   (c), a person who violates Subsection (b) is liable to the state for   a civil penalty in an amount not less than $1,000 or more than   $5,000 for each violation.  The attorney general may investigate an   alleged violation of Subsection (b) and may sue to collect the civil   penalty described by this subsection.          SECTION 3.  Chapter 161, Health and Safety Code, is amended   by adding Subchapter Z to read as follows:   SUBCHAPTER Z. STUDIES AND SURVEYS OF CHILD SEXUAL BEHAVIOR          Sec. 161.751.  RESTRICTIONS ON STUDIES AND SURVEYS OF CHILD   SEXUAL BEHAVIOR; OFFENSE; CIVIL PENALTY. (a) A person, including a   prescription drug manufacturer or research entity, may not conduct   a study or survey on a child's sexual behavior unless the parent of   the child or person standing in parental relation to the child   provides written consent for the child's inclusion in the study or   survey. This subsection does not authorize the conduct of a study or   survey prohibited under other law, including Sections 38.0044 and   51.9762, Education Code.          (b)  Information disclosed as part of a study or survey   described by Subsection (a) indicating that a child has been abused   or neglected, as those terms are defined by Section 261.001, Family   Code, must be reported in accordance with Subchapter B, Chapter   261, Family Code.           (c)  A person commits an offense if the person violates   Subsection (a). An offense under this subsection is a state jail   felony.           (d)  In addition to the criminal penalty under Subsection   (c), a person who violates Subsection (a) is liable to the state for   a civil penalty in an amount not less than $1,000 or more than   $5,000 for each child unlawfully included in the study or survey.   The attorney general may investigate an alleged violation of   Subsection (a) and may sue to collect the civil penalty described by   this subsection.           SECTION 4.  This Act takes effect September 1, 2025.