Texas 2025 - 89th Regular

Texas Senate Bill SB 762

Filed
1/10/25  
Out of Senate Committee
4/7/25  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Summary

SB 762 would restrict what flags may be displayed on the property of Texas public elementary and secondary schools. The bill generally prohibits schools from displaying or allowing employees, volunteers, agents, or students to display any flag other than a specified list, including the U.S. flag, Texas flag, POW/MIA flag, tribal flags, flags of political subdivisions, military unit flags, college or university flags, curriculum-related flags, a school’s official flag, and flags of organizations authorized to use school facilities during their permitted time and place. It also bars altered versions of those permitted flags if their color, symbols, or appearance have been changed. The bill creates a parent-complaint process: a parent or guardian may give written notice to a school alleging a violation and must allow 10 business days for the school to correct it. The school must then provide written notice of the remedy it implemented. If the school violates the display restriction and fails to timely notify the parent or guardian of the remedy, it becomes liable to the state for a civil penalty of $500 per day until the notice is provided. The attorney general is authorized to sue to collect the penalty, and any money collected would go to the general revenue fund. The bill is set to take effect January 1, 2026, and includes a severability clause. The bill’s impact on state law would be to add a new Education Code section governing flag displays at public schools and to create a state-enforceable civil penalty for noncompliance. It would limit local school discretion over symbolic displays on campus and could affect school policies, classroom decorations, student displays, and use of school facilities by outside organizations. It also gives the Texas Attorney General a new enforcement role and establishes a new revenue source for the state treasury through collected penalties. The available voting history suggests the bill had meaningful support but also notable opposition. It advanced on the Senate floor with a 23-8 vote on procedural and final passage steps, indicating a clear majority but not broad consensus. No committee transcript was provided, so the discussion record is limited, but the vote pattern suggests the measure was politically significant and somewhat divisive. The main point of contention is likely the scope of the flag ban and the extent to which it restricts expression in public schools. Supporters would likely view the bill as promoting neutrality, consistency, and limits on controversial or ideological displays, while opponents may see it as overbroad, potentially affecting student speech, school climate, and local control. The exceptions in the bill—especially for curriculum, school-authorized organizations, and educational institutions—suggest an attempt to narrow the restriction, but the civil penalty and enforcement mechanism may still be controversial.

Impact

SB 762 would amend the Texas Education Code by adding Section 1.0031 to regulate flag displays on public elementary and secondary school property. It would prohibit most non-enumerated flags, restrict altered versions of otherwise permitted flags, create a parent notice-and-cure process, authorize attorney general enforcement, and impose a $500-per-day civil penalty for schools that fail to timely report remediation after notice. The bill would directly affect school districts, campus administrators, students, employees, volunteers, and outside organizations using school facilities.

Sentiment

The bill appears to have received enough support to pass the Senate on a 23-8 vote, suggesting a favorable majority but clear partisan or ideological opposition. The absence of committee transcript material limits insight into detailed debate, but the recorded votes indicate the measure was advanced with substantial support and notable dissent. Overall, the sentiment around the bill seems mixed: supportive among those favoring restrictions on school flag displays, but opposed by members concerned about expression and school autonomy.

Contention

The central contention is whether public schools should be broadly restricted to a short list of permitted flags or allowed more discretion over symbolic displays. Opponents are likely to object to the breadth of the prohibition, the inclusion of student displays, and the civil penalty enforced by the attorney general, while supporters likely argue the bill prevents politicization and maintains an orderly educational environment. Another likely point of dispute is whether the exceptions are sufficiently clear and whether the bill could affect classroom instruction, student expression, or local control over school property.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.