SB965

Regular Session

Relating to the right of a public school employee to engage in religious speech or prayer while on duty.

CriticalImmediate action required

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Education Agency • Texas State Courts (via civil litigation)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025 (Subject to immediate effect upon 2/3 vote).
Compliance Deadline: August 1, 2025. You must implement policy changes prior to the start of the 2025-2026 academic year and the commencement of fall athletic programs.
Agency Rulemaking: The Texas Education Agency (TEA) is not explicitly required to issue rules, leaving a regulatory vacuum. Definitions will likely be established via civil litigation in state courts.

Immediate Action Plan

1. Policy Audit: General Counsel must review and redact all "religious neutrality" policies in faculty handbooks before August 1, 2025.
2. Issue Directives: Send a memo to all campus administrators explicitly forbidding the prohibition of employee prayer unless it disrupts school operations or coerces students.
3. Update Evaluation Rubrics: Ensure teacher evaluation criteria (e.g., T-TESS) are not used to penalize religious expression under "Professionalism" domains.
4. Establish Legal Review Protocol: Mandate that no disciplinary action regarding speech be taken without General Counsel review to ensure the "Strict Scrutiny" test is met.

Operational Changes Required

Contracts

Employee Handbooks: Immediate revision required. Remove broad "neutrality" clauses or prohibitions on "religious activities during work hours." These are now facially unenforceable.
Codes of Conduct: Update "Professional Standards" sections to explicitly accommodate non-coercive religious speech.
Vendor Agreements: Education Management Organizations (EMOs) serving charter schools must update HR compliance modules to reflect Texas-specific strict scrutiny standards.

Hiring/Training

Administrator Training: Principals, Athletic Directors, and Department Heads require mandatory training on the "Strict Scrutiny" test. They must be instructed to cease automatic censorship of religious expression.
Disciplinary Protocol: HR staff must be retrained to stop processing "breach of neutrality" complaints unless there is evidence of student coercion.

Reporting & Record-Keeping

"Strict Scrutiny" Justification Logs: Create an internal legal privilege log. Before restricting any speech, administrators must document:
1. The specific "compelling state interest" (e.g., preventing student coercion).
2. The "least restrictive means" analysis (why the speech could not be accommodated).
Incident Reporting: Documentation of student complaints regarding employee speech must now focus specifically on *coercion* rather than mere *exposure* to religious content.

Fees & Costs

Litigation Reserves: While there are no new state fees, districts should anticipate increased legal defense costs.
Insurance Premiums: Consult your Employment Practices Liability Insurance (EPLI) carrier. Confirm coverage for First Amendment/religious discrimination claims, as plaintiff activity is expected to rise.

Strategic Ambiguities & Considerations

Definition of "Compelling State Interest": The statute does not define what constitutes a compelling interest sufficient to ban prayer. While *Kennedy v. Bremerton* suggests preventing coercion is compelling, the threshold for what counts as "coercion" remains undefined in Texas statute.
"On Duty" Scope: The law applies to employees "on duty." It is unclear how this applies to instructional time versus non-instructional time (e.g., passing periods, lunch, sideline coaching). Until clarified by the courts, assume protection extends to all timeframes unless instruction is actively disrupted.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsEducation Education--primary & Secondary Education--primary & Secondary--general Religion

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 965
89R108 JTZ-D	By: Parker et al.
	State Affairs
	2/18/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

On June 27, 2022, the United States Supreme Court ruled 6-3 in Kennedy v. Bremerton School District, finding in favor of a high school football coach, Joseph Kennedy, who sued Bremerton School District in Washington State because his contract was not renewed in response to Kennedy praying on the field immediately following games.

Grounded in the Kennedy decision, S.B. 956 codifies the right of school employees to engage in religious speech or prayer while on duty. As established in Kennedy, any infringement shall be analyzed under strict scrutiny, requiring the infringement to be (1) necessary to further a compelling state interest and (2) narrowly tailored using the least restrictive means to achieve that compelling state interest.

As proposed, S.B. 965 amends current law relating to the right of a public school employee to engage in religious speech or prayer while on duty.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 22, Education Code, by adding Section 22.012, as follows:

Sec. 22.012. RELIGIOUS SPEECH OR PRAYER. Prohibits the right of an employee of a school district or open-enrollment charter school to engage in religious speech or prayer while on duty from being infringed on by the district or school or another state governmental entity, unless the infringement is necessary to further a compelling state interest and narrowly tailored using the least restrictive means to achieve that compelling state interest.

SECTION 2. Effective date: upon passage or September 1, 2025.

Senate Authors

Sen. Tan ParkerRepublican · Primary Author

Joint Authors

Coauthors (1)

Peter Flores (R)

Bill Text(with markup)

S.B. No. 965

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the right of a public school employee to engage in
	religious speech or prayer while on duty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, Chapter 22, Education Code, is
	amended by adding Section 22.012 to read as follows:
	Sec. 22.012. RELIGIOUS SPEECH OR PRAYER. The right of an
	employee of a school district or open-enrollment charter school to
	engage in religious speech or prayer while on duty may not be
	infringed on by the district or school or another state
	governmental entity, unless the infringement is:
	(1) necessary to further a compelling state interest;
	and
	(2) narrowly tailored using the least restrictive
	means to achieve that compelling state interest.
	SECTION 2. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 1, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on State Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB965 by Parker (Relating to the right of a public school employee to engage in religious speech or prayer while on duty.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

701 Texas Education Agency

LBB Staff:

JMc, WP, ASA, ANa

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Frequently Asked Questions

Common questions about SB965

What does Texas SB965 do?

SB965 codifies the "strict scrutiny" standard for public school employee religious expression, effectively reversing the burden of proof in employment disputes. Public school districts and open-enrollment charter schools must immediately revise personnel policies to permit religious speech and prayer while on duty unless the administration can prove a "compelling state interest" to restrict it. Implementation Timeline Effective Date: September 1, 2025 (Subject to immediate effect upon 2/3 vote).

Who authored SB965?

SB965 was authored by Texas Senator Tan Parker during the Regular Session.

When was SB965 signed into law?

SB965 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB965?

SB965 is enforced by Texas Education Agency and Texas State Courts (via civil litigation).

How urgent is compliance with SB965?

The compliance urgency for SB965 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB965?

The cost impact of SB965 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB965 address?

SB965 addresses topics including education, education--primary & secondary, education--primary & secondary--general and religion.

Legislative data provided by LegiScanLast updated: November 25, 2025

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