83R5628 EAH-D
 
  By: Leach H.B. No. 1057
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of and parental approval for a student's
  participation in human sexuality and family planning instruction in
  public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.004, Education Code, is amended by
  adding Subsections (e-1), (e-2), and (i-2) to read as follows:
         (e-1)  An entity or individual that performs abortions or an
  affiliate of an entity or individual that performs abortions may
  not provide human sexuality or family planning instruction or
  instructional materials for use in human sexuality or family
  planning instruction in a public school.
         (e-2)  For purposes of Subsection (e-1), "affiliate" means
  an entity or individual that has a legal relationship with another
  entity or individual that is created or governed by at least one
  written instrument that demonstrates:
               (1)  common ownership, management, or control;
               (2)  the existence of a franchise; or
               (3)  the granting or extension of a license or other
  agreement that authorizes the affiliate to use the entity's or
  individual's brand name, trademark, service mark, or other
  registered identification mark.
         (i-2)  Before a student may be provided with human sexuality
  or family planning instruction from an entity or individual other
  than an employee of a school district, the district must obtain the
  written consent of the student's parent or guardian.  A request for
  written consent under this subsection:
               (1)  may not be included with any other notification or
  request for written consent provided to the parent or guardian;
               (2)  must be provided to the parent or guardian not
  later than the 14th day before the date on which the human sexuality
  or family planning instruction begins; and
               (3)  must include the information described by
  Subsection (i)(1) and the name of the entity or individual who will
  provide the instruction.
         SECTION 2.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 3.  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, 2013.