Relating to public school policies and programs regarding the production or distribution of certain intimate visual material by public school students.

89(R) SB 747 - House Committee Report version - Bill Text

By: King, et al.

S.B. No. 747

(Capriglione)

A BILL TO BE ENTITLED

AN ACT

relating to public school policies and programs regarding the

production or distribution of certain intimate visual material by

public school students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 37.0052(b), Education Code, is amended

to read as follows:

(b) A student may be removed from class and placed in a

disciplinary alternative education program as provided by Section

37.008 or expelled if the student:

(1) engages in bullying that encourages a student to

commit or attempt to commit suicide;

(2) incites violence against a student through group

bullying; or

(3) releases or threatens to release intimate visual

material of a minor or a student who is 18 years of age or older

without the student's consent
, including intimate visual material

created using artificial intelligence technology
.

SECTION 2. Section 37.0832(a), Education Code, is amended

by amending Subdivision (2) and adding Subdivision (3) to read as

follows:

(2) "Cyberbullying" means
:

(A)
bullying that is done through the use of any

electronic communication device, including through the use of a

cellular or other type of telephone, a computer, a camera,

electronic mail, instant messaging, text messaging, a social media

application, an Internet website, or any other Internet-based

communication tool
; or

(B)

the production or distribution of a video or

image that depicts or appears to depict another student with the

student's intimate parts exposed or engaged in sexual conduct,

including a video or image created through the use of artificial

intelligence technology
.

(3)

"Intimate parts" and "sexual conduct" have the

meanings assigned by Section 21.16, Penal Code.

SECTION 3. Section 37.0832(c-1), Education Code, is amended

to read as follows:

(c-1) The agency shall adopt minimum standards for a school

district's policy under Subsection (c). The standards must:

(1) include an emphasis on bullying prevention by

focusing on school climate and building healthy relationships

between students and staff;

(2) require each district campus to establish a

committee to address bullying by focusing on prevention efforts and

health and wellness initiatives;

(3) require students at each grade level to meet

periodically for instruction on building relationships and

preventing bullying, including cyberbullying;

(4) include an emphasis on increasing student

reporting of bullying incidents to school employees by:

(A) increasing awareness about district

reporting procedures; and

(B) providing for anonymous reporting of

bullying incidents;

(5) require districts to:

(A) collect information annually through student

surveys on bullying, including cyberbullying; and

(B) use those survey results to develop action

plans to address student concerns regarding bullying, including

cyberbullying; [
and
]

(6) require districts to develop a rubric or checklist

to assess an incident of bullying and to determine the district's

response to the incident
; and

(7)

require districts to include in the policy

provisions specifically addressing incidents of bullying that

involve the production or distribution of a video or image that

depicts or appears to depict another student with the other

student's intimate parts exposed or engaged in sexual conduct,

including

a video or image created through the use of artificial

intelligence technology
.

SECTION 4. Section 37.218(b), Education Code, is amended to

read as follows:

(b) The center, in consultation with the office of the

attorney general, shall develop programs for use by school

districts that address:

(1) the possible legal consequences, including

criminal penalties, of sharing visual material depicting a minor

engaged in sexual conduct;

(2) other possible consequences of sharing visual

material depicting a minor engaged in sexual conduct, including:

(A) negative effects on relationships;

(B) loss of educational and employment

opportunities; and

(C) possible removal, if applicable, from

certain school programs or extracurricular activities;

(3) the unique characteristics of the Internet and

other communications networks that could affect visual material

depicting a minor engaged in sexual conduct, including:

(A) search and replication capabilities; and

(B) a potentially worldwide audience;

(4) the prevention of, identification of, responses

to, and reporting of incidents of bullying; [
and
]

(5) the connection between bullying, cyberbullying,

harassment, and a minor sharing visual material depicting a minor

engaged in sexual conduct
; and

(6)

the specific risks of producing or distributing

visual material created using artificial intelligence technology

that appears to depict a student with the student's intimate parts

exposed or engaged in sexual conduct
.

SECTION 5. This Act applies beginning with the 2025-2026

school year.

SECTION 6. 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.