Relating to the display of flags in public schools; providing a civil penalty.

89(R) SB 762 - Engrossed version - Bill Text

By: Campbell, Creighton

S.B. No. 762

A BILL TO BE ENTITLED

AN ACT

relating to the display of flags in public schools; providing a

civil penalty.

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

SECTION 1. Chapter 1, Education Code, is amended by adding

Section 1.0031 to read as follows:

Sec. 1.0031. DISPLAY OF FLAGS. (a) In this section:

(1)

"Display" means to exhibit or place an object

anywhere students may see the object.

(2)

"Flag" means a piece of fabric or similar material,

typically rectangular in shape, with a specific design, including a

design that symbolizes a location, governmental entity, or cause.

(b)

A public elementary or secondary school may not display

or permit an employee, agent, volunteer, or student to display on

school property any flag other than the following flags:

(1) the United States flag;

(2) the Texas flag;

(3)

a flag that cannot be disturbed or altered due to

archeological or historical preservation as determined by the Texas

Historical Commission;

(4) the Prisoner of War or Missing in Action flag;

(5)

a flag that represents an Indian tribe, as defined

by 25 U.S.C. Section 5304(e);

(6) a flag that represents a political subdivision;

(7)

a flag that represents any unit, branch, or other

division of the armed forces of the United States, including a

Reserve Officers' Training Corps program;

(8) a flag that represents a college or university;

(9)

a flag that is displayed temporarily as part of the

required curriculum under Section 28.002;

(10) the school's official flag; or

(11)

the flag of an organization authorized to use a

school building, provided that the flag is only displayed during

the authorized time and at the authorized location specified for

the organization's use of school property.

(c)

A public elementary or secondary school may not display

or permit an employee, agent, volunteer, or student to display on

school property a flag described by Subsection (b) with alterations

in color, symbols, or appearance.

(d)

A parent or guardian of a child who is enrolled, or

eligible to enroll, in a school that violates Subsection (b) may

provide written notice of the alleged violation to the school and

allow the school 10 business days from receipt of the notice to

remedy the violation.

(e)

Not later than the 10th business day after receiving a

written notice under Subsection (d), the school shall provide in

writing to the parent or guardian notice of the remedy the school

implemented.

(f)

A school that violates Subsection (b) and fails to

provide notice of the remedy implemented by the school within the

period prescribed by Subsection (e) is liable to the state for a

civil penalty in the amount of $500 for each day that the school

fails to provide notice of the remedy after the period prescribed by

Subsection (e). The attorney general may sue to collect a civil

penalty under this subsection. Money collected under this

subsection shall be deposited in the state treasury to the credit of

the general revenue fund.

SECTION 2. It is the intent of the legislature that every

provision, section, subsection, sentence, clause, phrase, or word

in this Act, and every application of the provisions in this Act to

every person, group of persons, or circumstances, is severable from

each other. If any application of any provision in this Act to any

person, group of persons, or circumstances is found by a court to be

invalid for any reason, the remaining applications of that

provision to all other persons and circumstances shall be severed

and may not be affected.

SECTION 3. This Act takes effect January 1, 2026.