By: Middleton H.B. No. 2399       A BILL TO BE ENTITLED   AN ACT   relating to a period of prayer in public schools and at   school-sponsored athletic events.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 25.082, Education Code,   is amended to read as follows:          Sec. 25.082.  PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE;   PERIOD OF PRAYER; BIBLE READING.          SECTION 2.  Section 25.082, Education Code, is amended by   amending Subsections (c) and (d) and adding Subsections (e) and (f)   to read as follows:          (c)  On written request from a student's parent or guardian,   a school district or open-enrollment charter school shall excuse   the student from reciting a pledge of allegiance under Subsection   (b).          (d)  The board of trustees of each school district and the   governing board of each open-enrollment charter school shall   provide for the observance of one minute of silence at each campus   following the recitation of the pledges of allegiance to the United   States and Texas flags under Subsection (b). During the one-minute   period, each student may, as the student chooses, reflect, pray,   meditate, or engage in any other silent activity that is not likely   to interfere with or distract another student. Each teacher or   other school employee in charge of students during that period   shall ensure that each of those students remains silent and does not   act in a manner that is likely to interfere with or distract another   student.          (e)  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 a period of prayer and readings from the Bible   each day. A policy adopted under this Subsection must comply with   the requirements of Subsections (f), (g), (h), and (i).          (f)  No student, teacher, or school employee may participate   in the period of prayer and readings from the Bible unless that   individual has executed and submitted to school officials a signed   consent form that:                (1)  Acknowledges that the signatory has a free choice   in whether to hear or participate in the period of prayer and   readings from the Bible;                (2)  States that the signatory has no objections to   hearing or participating in the period of prayer and readings from   the Bible; and                (3)  Expressly waives any constitutional claims that   the signatory might assert against the school district or school   officials under the United States Supreme Court's interpretations   of the Establishment Clause, Article I, section 7 of the Texas   Constitution, or article VII, section 5(c) of the Texas   Constitution, and forever releases the school district and all   school officials from any such claims that the signatory might   assert in state or federal court.          (g)  An individual who submits the consent form described in   this subsection may revoke that consent at any time by informing   school officials.          (h)  Under no circumstance may a period of prayer and   readings from the Bible authorized by this Section be conducted   over a public address system, or in the presence or in the hearing   of any student, teacher, or school employee who has not submitted   the signed consent form described in Subsection (f), or who has   revoked their consent form under subsection (g).          (i)  A policy adopted under Subsection (e) must ensure that   every student, teacher, and school employee who has not submitted   the signed consent form described in Subsection (f), or who has   revoked their consent form under Subsection (g), is protected from   anything that would inflict "injury in fact" under Article III of   the Constitution. This can be accomplished by:                (1)  Holding the period of prayer and readings from the   Bible before the official start of each school day;                (2)  Allowing the period of prayer and readings from   the Bible to occur only in classrooms where each student, teacher,   and school employee has submitted the signed consent form described   in Subsection (f);                (3)  Obtaining unanimous consent from every student,   teacher, and employee at that school under Subsection (f); or                (4)  Any other method recommended by the Attorney   General or by legal counsel.          (j)  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 provide advice regarding   compliance with this section, including drafts of the consent forms   described in Subsection (f), and shall defend the district or   school in a cause of action arising out of the adoption of a policy   providing for a period of prayer and readings from the Bible under   Subsection (e). If the attorney general defends a district or   school under this subsection, 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 providing for a period of   prayer under Subsection (e) against a district or school not being   represented by the attorney general.          (k)  Any person, entity, lawyer, or law firm bringing a cause   of action arising out of the adoption of a policy providing for a   period of prayer under Subsection (e) against a district or school,   in any state or federal court, or that represents any litigant   seeking such relief in any state or federal court, shall be jointly   and severally liable to pay the costs and attorneys' fees of the   prevailing party or parties, notwithstanding any other provision of   law.          (l)  A litigant shall be deemed a "prevailing party" under   this section if a state or federal court dismisses any claim or   cause of action brought against it that seeks the relief described   in subsection (k), regardless of the reason for such dismissal, or   if a state or federal court enters judgment in its favor on any such   claim or cause of action.          (m)  A prevailing party under this section may bring a civil   action to recover costs and attorneys' fees against a person,   entity, lawyer, or law firm that sought declaratory or injunctive   relief described in subsection (a) within three (3) years of the   date on which the dismissal or judgment described in subsection (b)   becomes final upon the conclusion of appellate review, or within   three (3) years of the date on which the time for seeking appellate   review expires, regardless of whether the prevailing party sought   to recover costs or attorneys' fees in the underlying action. It   shall not be a defense that the prevailing party failed to seek   recovery of costs or attorneys' fees in the underlying action, and   it shall not be a defense that the court in the underlying action   declined to recognize or enforce the requirements of this section.          (n)  An award of costs and attorneys' fees under this section   shall include interest.          (o)  Notwithstanding any other law, a school district and   open-enrollment charter school shall have governmental immunity,   and every trustee of a school district, every member of a governing   body of an open-enrollment charter school, and every school   employee shall have official immunity, in any in any action, claim   or counterclaim, or any type of legal or equitable action that   challenges the validity or enforcement of any policy authorized by   Subsection (e), on constitutional grounds or otherwise, and no   court of this state shall have jurisdiction to consider any action,   claim or counterclaim, or any type of legal or equitable action that   challenges the validity or enforcement of any policy authorized by   Subsection (e).          (p)  Notwithstanding any other law, no provision of state law   may be construed to waive or abrogate an immunity described by   Subsection (o) unless it explicitly repeals Subsection (o) with   specific reference to that subsection.          SECTION 3.  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 4.  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 under Section   25.082(e), Education Code, as added by this Act.          SECTION 5.  This Act applies beginning with the 2021-2022   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, 2021.