89th Legislature Regular Session

SB 762

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 762 seeks to establish uniformity in the types of flags permitted to be displayed in Texas public elementary and secondary schools. The bill amends Chapter 1 of the Education Code by adding Section 1.0031, which defines the term "display" to include any visible placement of an object and broadly defines a "flag" to include any symbolic fabric, typically rectangular, representing a location, government, or cause. The bill then restricts school personnel, volunteers, and students from displaying any flag on school property other than a defined list of permissible flags. These include the U.S. flag, the Texas flag, historical or archeologically protected flags, the POW/MIA flag, flags of recognized Indian tribes, flags of political subdivisions or military branches, foreign flags, university or school flags, curriculum-related flags, and flags of approved outside organizations during their designated facility use times.

In terms of enforcement, the Committee Substitute removes a provision from the original bill that allowed parents to seek injunctive relief in court if a violation occurred. Instead, it establishes a civil penalty mechanism: Parents may provide written notice to the school of a violation, and the school must respond within 10 business days with a remedy. If the school fails to do so, a $500 daily civil penalty accrues, enforceable by the attorney general. This approach reframes the bill's enforcement from a private right of action to a state-administered penalty system, with fines directed into the state general revenue fund.

The original version of SB 762 contained much of the same structural content as the substitute—most notably, the restrictions on which flags could be displayed on public school property. However, the original bill vested enforcement power in private individuals, allowing parents to sue for injunctive relief if a school did not comply with the restrictions and failed to implement a remedy within a designated period. This posed a potential risk of excessive litigation and administrative burden on school districts.

The Committee Substitute significantly changes the enforcement mechanism by removing the judicial remedy and replacing it with a statutorily defined civil penalty structure. The attorney general, not individual parents, now has the authority to enforce violations, and schools face monetary penalties rather than court injunctions. Additionally, the substitute more clearly delineates the definitions of permissible flags and integrates a more standardized notice-and-cure procedure before penalties are imposed​.

Author
Donna Campbell
Co-Author
Brandon Creighton
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 762 is not expected to have a significant fiscal implication for the state. Any costs associated with the enforcement provisions, including actions brought by the attorney general, are assumed to be absorbable within existing agency resources. Likewise, the bill is not anticipated to impose substantial costs on local governments, including public school districts. Because the enforcement mechanism now relies on state-initiated civil penalties rather than parent-initiated lawsuits, potential litigation costs for schools are likely reduced, providing a more predictable fiscal outlook.

Vote Recommendation Notes

The purpose of SB 762 is to eliminate political or ideological disputes over symbolic displays in classrooms. The legislation is framed as an attempt to protect educational neutrality and reduce potential disruptions stemming from controversial or politically charged flags. The bill responds to past incidents in Texas schools where flags such as Pride, BLM, or Confederate flags sparked protest or administrative action. Proponents argue that the bill provides clarity, prevents schools from appearing to endorse particular political messages, and aligns with schools' authority to regulate speech that might disrupt learning.

Opponents may raise concerns that the bill unduly restricts free expression and may create a chilling effect on student speech. While the bill distinguishes between flags displayed officially on school property versus personal expression (e.g., clothing or private property), the enforcement mechanisms and definitions could invite scrutiny. Still, by adopting a defined list of permissible flags and state-administered enforcement, the bill seeks to maintain an educational focus without venturing into viewpoint discrimination.

As such, Texas Policy Research recommends that lawmakers vote YES on SB 762 on the grounds that the bill limits school-sponsored speech without infringing upon individual rights, avoids litigation by shifting enforcement to the attorney general, and emphasizes neutrality and order in public education settings.

  • Individual Liberty: The bill constrains individual liberty to the extent that students and staff are prohibited from publicly displaying certain symbols on school property. However, because this limitation is narrowly applied to official displays within public institutions, not personal speech or expression outside the school context, it can be defended as a restriction on institutional—not individual—expression. The bill attempts to avoid state endorsement of any ideological position, arguably preserving rather than infringing upon the liberty of all by preventing compelled association with contested viewpoints.
  • Personal Responsibility: The bill indirectly supports personal responsibility in that schools are held accountable for maintaining a politically neutral environment and must remedy violations promptly. However, individuals no longer bear direct enforcement responsibility, as parents cannot initiate litigation, potentially reducing citizen empowerment in favor of state action.
  • Free Enterprise: Largely unaffected.
  • Private Property Rights: Preserved, as the bill does not regulate what individuals may do off school grounds or in private capacities. It addresses only public school property, which is government-owned.
  • Limited Government: Both supported and challenged. The bill restrains public institutions from engaging in ideological signaling, aligning with small-government principles. However, it expands the role of the attorney general to enforce civil penalties and introduces a new category of regulatory control, which could be seen as an increase in administrative oversight.
View Bill Text and Status