By: Middleton, et al. S.B. No. 1396     A BILL TO BE ENTITLED   AN ACT   relating to a period of prayer and reading of the Bible or other   religious text in public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 25, Education Code, is   amended by adding Section 25.0823 to read as follows:          Sec. 25.0823.  PERIOD OF PRAYER AND READING OF BIBLE OR OTHER   RELIGIOUS TEXT. (a)  The board of trustees of a school district or   the governing body of an open-enrollment charter school that is not   operated by or affiliated with a religious organization may by   record vote adopt a policy requiring every campus of the district or   school to provide students and employees with an opportunity to   participate in a period of prayer and reading of the Bible or other   religious text on each school day in accordance with this section.          (b)  A policy adopted under Subsection (a) must prohibit:                (1)  a student or employee of the school district or   open-enrollment charter school from being permitted to participate   in the period of prayer and reading of the Bible or other religious   text unless the employee or parent or guardian of the student   submits to the district a signed consent form that includes:                      (A)  an acknowledgment that the student or   employee has a choice as to whether to participate in the period of   prayer and reading of the Bible or other religious text;                      (B)  a statement that the person has no objection   to the student's or employee's participation in or hearing of the   prayers or readings offered during the period; and                      (C)  an express waiver of the person's right to   bring a claim under state or federal law arising out of the adoption   of a policy under this section, including a claim under the   Establishment Clause of the First Amendment to the United States   Constitution or a related state or federal law, releasing the   district or school and district or school employees from liability   for those claims brought in state or federal court;                (2)  the provision of a prayer or reading of the Bible   or other religious text over a public address system; and                (3)  a period of prayer or reading of the Bible or other   religious text may not be a substitute for instructional time.          (c)  An employee or parent or guardian of a student may   revoke the person's consent provided under Subsection (b)(1) by   informing the appropriate school administrator, as determined by   the school district or open-enrollment charter school.  An employee   or student for whom consent has been revoked under this subsection:                (1)  may not participate in the period of prayer and   reading of the Bible or other religious text until the employee or   parent or guardian of the student submits to the district or school   a new consent form under Subsection (b)(1); and                (2)  remains bound by the waiver described by   Subsection (b)(1)(C).          (d)  A policy adopted under Subsection (a):                (1)  must include provisions ensuring a prayer or   reading of the Bible or other religious text is not provided in the   physical presence of, within the hearing of, or in another manner   which would constitute an injury in fact within the meaning of the   United States or Texas Constitution on a person for whom a signed   consent form has not been submitted under Subsection (b)(1) or has   been revoked under Subsection (c); and                (2)  in order to comply with this subsection, may   require that the period of prayer and reading of the Bible or other   religious text be provided:                      (A)  before normal school hours;                      (B)  only in classrooms or other areas in which a   consent form under Subsection (b)(1) has been submitted for every   employee and student, which may include an entire district or   school campus if a consent form has been submitted for each employee   and student at the campus; or                      (C)  by any other method recommended by the   attorney general or legal counsel for the district or school.          (e)  The attorney general, on request from the board of   trustees of a school district or the governing body of an   open-enrollment charter school, shall:                (1)  provide advice on best methods for a district or   school to comply with the requirements of this section;                (2)  provide a model consent form that may be used for   purposes of providing consent under Subsection (b)(1); and                (3)  defend the district or school in a cause of action   arising out of the adoption of a policy under Subsection (a).          (f)  If the attorney general defends a district or school   under Subsection (e)(3), the state is liable for the expenses,   costs, judgments, or settlements of the claims arising out of the   representation. The attorney general may settle or compromise any   and all claims under this subsection. The state may not be liable   for any expenses, costs, judgments, or settlements of any claims   arising out of the adoption of a policy under Subsection (a) against   a district or school not being represented by the attorney general.          (g)  Regardless of whether the board of trustees of a school   district or the governing body of an open-enrollment charter school   adopts a policy under Subsection (a), this section does not   prohibit a student or employee of the district or school from   participating in prayer or reading the Bible or other religious   text during a period of the school day that is not designated as a   period of prayer and reading of the Bible or other religious text.          SECTION 2.  Section 25.901, Education Code, is amended to   read as follows:          Sec. 25.901.  EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A   public school student has an absolute right to individually,   voluntarily, and silently pray or meditate in school in a manner   that does not disrupt the instructional or other activities of the   school.  A person may not require[, encourage,] or coerce a student   to engage in or refrain from such prayer or meditation during any   school activity.          SECTION 3.  Each board of trustees of a school district and   each governing body of an open-enrollment charter school shall take   a record vote not later than six months after the effective date of   this Act on whether to adopt a policy requiring every campus of the   district or school to provide a period of prayer and reading of the   Bible or other religious text under Section 25.0823, Education   Code, as added by this Act.          SECTION 4.  This Act applies beginning with the 2023-2024   school year.          SECTION 5.  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, 2023.