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.