(Texas Scorecard) – Texas senators have moved on religious freedom and transparency measures.
Among the measures passed on Tuesday are protections for teachers to pray on the job, requirements for parental approval for sexual education, and a mandate that bond elections be held in November.
Senate Bill 965, filed by State Sen. Tan Parker (R-Flower Mound), passed along party lines in a 20-11 vote.
It would establish the right of a school district or charter school employee to engage in religious speech or prayer while on duty. The protections could not be infringed upon unless necessary to achieve a specific public goal.
Parker faced pushback from Democrats, including State Sens. Roland Gutierrez of San Antonio and Sarah Eckhardt of Austin, for his assertion that SB 965 would codify the 2022 U.S. Supreme Court decision in Kennedy v. Bremerton School District.
The ruling saw the Court side with high school football coach Joseph A. Kennedy, who lost his job because of post-game prayers on the field.
Part of the decision reads, “That Mr. Kennedy used available time to pray does not transform his speech into government speech. Acknowledging that Mr. Kennedy’s prayers represented his own private speech means he has carried his threshold burden.”
Gutierrez argued that Kennedy did not provide a framework for legalizing school prayer.
“It’s specifically said in this particular fact pattern where the coach is at the game after school, praying to kids that weren’t coerced, and some of them weren’t listening … and it wasn’t broadcast publicly,” argued Gutierrez.
Eckhardt contended that Kennedy found the coach was not in violation of the separation of church and state precisely because he was not acting within the scope of his official duties, which SB 965 would allow.
Parker shot down both criticisms.
“At the end of the day, it’s not for us to determine. This is already the law of the land in America,” Parker said while being interrupted by Eckhardt.
“It’s been the law of the land after [Justice Neil] Gorsuch authored the majority opinion three years ago. … So, I’m not trying to expand it … and I’m not trying to go backwards with it,” he continued. “I’m simply trying to stay on solid constitutional footing.”
A Texas Family Project vote notice called SB 965 a “vital step toward restoring and protecting the God-given, constitutional rights of public school employees to live out their faith—even while on the job.”
“This legislation ensures [Christian teachers and staff] cannot be punished or censored simply for praying or speaking about their faith at school,” read the notice. “It upholds religious liberty, defends free speech, and pushes back against the growing hostility toward Christianity in our public institutions.”
SB 371, filed by State Sen. Donna Campbell (R-Bulverde), would require parental approval for a student’s participation in human sexuality instruction in public schools. The consent form must be provided to the parent no later than the 14th day before the instruction begins.
Senators voted 24-7 to pass SB 371.
A proposal by State Sen. Kevin Sparks (R-Midland), SB 533, would require an election for the issuance of bonds or tax increases to be held on the November uniform election date.
James Quintero, a policy director for the Texas Public Policy Foundation, noted while the measure was in committee last month that “expensive debt measures are being approved by just a handful of people in non-November elections.”
Sparks said Tuesday on the Senate floor that many Texans failed to see property tax relief over the last few years because “local governments often swallowed up much of the tax relief through increased spending and debt.”
Moving the election date to November, according to Sparks, would increase citizen engagement and awareness of these potential tax hikes.
Senators voted 22-9 to pass SB 533.