SB 965

Overall Vote Recommendation
Neutral
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
neutral
Individual Liberty
Digest
SB 965 seeks to protect the right of public school employees, including those in school districts and open-enrollment charter schools, to engage in religious speech or prayer while on duty. Under this bill, school districts and other state governmental entities cannot restrict an employee’s religious expression unless the restriction is necessary to further a compelling state interest and is narrowly tailored using the least restrictive means. The bill ensures that employees are not prohibited from private or voluntary religious activities while performing their official duties.
Author (9)
Tan Parker
Paul Bettencourt
Donna Campbell
Brandon Creighton
Bob Hall
Adam Hinojosa
Lois Kolkhorst
Mayes Middleton
Angela Paxton
Co-Author (2)
Peter Flores
Phil King
Sponsor (1)
Jeff Leach
Co-Sponsor (38)
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 965 is not expected to have any fiscal impact on the state or local government entities. The bill does not introduce new spending obligations or require additional resources for implementation. As it primarily addresses policy on religious speech for public school employees, it does not necessitate funding for enforcement, compliance monitoring, or administrative oversight.

Furthermore, the Texas Education Agency (TEA) has indicated that the bill does not impose any financial burden on school districts. This suggests that the legislation will not require schools to allocate funds for new training, legal fees, or policy adjustments beyond their standard operations. However, while no immediate fiscal impact is anticipated, potential litigation costs arising from legal challenges related to First Amendment conflicts could be an unforeseen financial risk for school districts in the future.

Vote Recommendation Notes

SB 965 establishes protections for public school employees to engage in religious speech or prayer while on duty, restricting school districts or governmental entities from infringing upon these rights unless doing so is necessary to further a compelling state interest. The bill aligns with recent Supreme Court rulings that emphasize the protection of individual religious expression, particularly for government employees. However, its broad language leaves room for interpretation regarding the distinction between private religious expression and actions that may be construed as government endorsement of religion, which could lead to legal challenges or inconsistencies in enforcement across school districts.

Given these factors, Texas Policy Research is NEUTRAL on SB 965 recognizing both the importance of protecting individual religious liberties and the need to ensure government neutrality in public education. While the bill does not impose a direct fiscal burden on the state or local entities, its impact will likely be shaped by future legal interpretation and case law.

Related Legislation
View Bill Text and Status