89R14646 LRM-D     By: Schatzline H.B. No. 3842       A BILL TO BE ENTITLED   AN ACT   relating to the prohibited display of certain flags in governmental   buildings or on governmental property; providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 6, Government Code, is amended   by adding Chapter 621 to read as follows:   CHAPTER 621.  PROHIBITED DISPLAY OF CERTAIN FLAGS ON GOVERNMENTAL   PROPERTY          Sec. 621.001.  DEFINITIONS. In this chapter:                (1)  "Governmental entity" means:                      (A)  a department, commission, board, office, or   other agency in the executive branch of state government that was   created by the constitution or a statute of this state, including an   institution of higher education as defined by Section 61.003,   Education Code;                      (B)  the supreme court, the court of criminal   appeals, a court of appeals, a district court, or the Texas Judicial   Council or another agency in the judicial branch of state   government;                      (C)  a county, municipality, special purpose   district, including a school district, or any other political   subdivision of this state; or                      (D)  an open-enrollment charter school   established under Subchapter D, Chapter 12, Education Code.                (2)  "LGBTQ flag" means a flag intended to display   support for lesbianism, homosexuality, bisexuality,   transgenderism, gender nonconforming behavior, or an individual   who engages in such conduct.           Sec. 621.002.  PROHIBITED DISPLAY. A governmental entity or   employee of a governmental entity may not display an LGBTQ flag in a   building or on property owned or controlled by the governmental   entity, including a classroom.          Sec. 621.003.  PERSONAL ITEMS. An individual in a building   or on property owned or controlled by a governmental entity may   display a personal item with an LGBTQ flag, such as a small pin or   clothing, while in the public building or on the property.          Sec. 621.004.  CONSTRUCTION OF CHAPTER. This chapter may   not be construed to restrict or regulate:                (1)  behavior of an employee of a governmental entity   while the employee is not performing the employee's official   duties; or                (2)  speech or conduct protected by the First Amendment   to the United States Constitution, or by Section 8, Article I, Texas   Constitution.           Sec. 621.005.  SANCTIONS FOR NONCOMPLIANCE BY SCHOOL. (a) A   school district or open-enrollment charter school may impose   sanctions, including removal from the person's employment   position, against a district or school employee who violates this   chapter.          (b)  The board of trustees of a school district shall   investigate any suspected violation of this chapter to determine   whether the violation occurred. If the board determines that a   violation has occurred, the board shall immediately report the   violation to the commissioner of education.          (c)  If the commissioner of education finds on an appeal   under Section 7.057, Education Code, that a school district has   violated this chapter, notwithstanding any other law, the   commissioner shall withhold the funding to which the district is   entitled under Chapters 46, 48, and 49, Education Code, for the   school year during which the violation occurred.  The commissioner   may adjust the district's entitlement to funding under those   chapters for subsequent school years as necessary to recover any   state funding already paid to the district for the school year in   which the violation occurred.          (d)  This section applies to an open-enrollment charter   school as though the governing body of the school were the board of   trustees of a school district.          Sec. 621.006.  CIVIL PENALTY. (a)  This section does not   apply to a school district or open-enrollment charter school   established under Subchapter D, Chapter 12, Education Code.          (b)  A governmental entity or employee of a governmental   entity that violates this chapter is subject to a civil penalty in   an amount not to exceed $2,000 for each violation.          (c)  The attorney general may sue to collect a penalty   imposed under this section and may recover reasonable expenses   incurred in collecting the penalty, including court costs,   reasonable attorney's fees, investigative costs, witness fees, and   deposition costs.          Sec. 621.007.  IMMUNITY WAIVED.  Sovereign, governmental,   and official immunity to suit is waived and abolished to the extent   of liability created by this chapter.          SECTION 2.  This Act takes effect September 1, 2025.