Texas 2025 - 89th Regular

Texas House Bill HB1279 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Schoolcraft H.B. No. 1279
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to prohibiting teaching in Texas public elementary and
9	9	secondary schools of hateful, divisive and discriminatory
10	10	practices and beliefs that could lead to discriminatory treatment
11	11	of individuals because of such individual's race, color, ethnicity,
12	12	sex, national origin or religion and the establishment of remedies
13	13	and penalties for discriminatory treatment.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. - Chapter 1, Education Code, is amended by adding
16	16	Section 1.010 to read as follows:
17	17	Sec. 1.010. Prohibited Instruction
18	18	(1) As used in this Chapter, the term "personal
19	19	identity characteristics " means the same as that term is defined in
20	20	Chapter 3, Texas Government Code.
21	21	(2) A public elementary or secondary school may not
22	22	instruct any student:
23	23	(a) that one personal identity characteristic is inherently
24	24	superior or inferior to another personal identity characteristic;
25	25	(b) that an individual, by virtue of the individual's
26	26	personal identity characteristics, is inherently privileged,
27	27	oppressed, racist, sexist, oppressive, or a victim, whether
28	28	consciously or unconsciously;
29	29	(c) that an individual should be discriminated against in
30	30	violation of Title VI, Title VII, and Title IX, receive adverse
31	31	treatment, be advanced, or receive beneficial treatment because of
32	32	the individual's personal identity characteristics;
33	33	(d) that an individual's moral character is determined by
34	34	the individual's personal identity characteristics;
35	35	(e) that an individual, by virtue of the individual's
36	36	personal identity characteristics, bears responsibility for
37	37	actions committed in the past by other individuals with the same
38	38	personal identity characteristics;
39	39	(f) that an individual should feel discomfort, guilt,
40	40	anguish, or other psychological distress solely because of the
41	41	individual's personal identity characteristics;
42	42	(g) that meritocracy is inherently racist or sexist;
43	43	(h) that socio-political structures are inherently a series
44	44	of power relationships and struggles among racial groups;
45	45	(i) values that promote resentment between, or resentment
46	46	of, individuals by virtue of their personal identity
47	47	characteristics;
48	48	(j) statements that ascribe values, morals, or ethical
49	49	codes, privileges, or beliefs to an individual because of the
50	50	individual's personal identity characteristics.
51	51	(3) The prohibition in section (2) does not prohibit
52	52	an impartial discussion or study of ideologies or beliefs that
53	53	include the prohibited behaviors as long as the institution does
54	54	not directly or indirectly attempt to encourage those behaviors or
55	55	impose those beliefs on a student.
56	56	SECTION 2. - PENALTIES FOR VIOLATION
57	57	Chapter 1, Education Code, is amended by adding Section 1.011 to
58	58	read as follows:
59	59	Sec. 1.011. PROHIBITED INSTRUCTION; OFFENSE; MANDAMUS;
60	60	INJUNCTION.
61	61	(1) A person may bring an action by mandamus or
62	62	injunction to stop, prevent, or reverse a violation or threatened
63	63	violation of Sections 1.010.
64	64	(2) The court may assess costs of litigation and
65	65	reasonable attorney fees incurred by a plaintiff or defendant who
66	66	substantially prevails in an action under Subsection (1). In
67	67	exercising its discretion, the court shall consider whether the
68	68	action was brought in good faith and whether the conduct of the
69	69	governmental employer had a reasonable basis in law.
70	70	(3) The attorney general may bring an action by
71	71	mandamus or injunction to stop, prevent, or reverse a violation or
72	72	threatened violation of Sections 1.010.
73	73	(4) (d) A suit filed by the attorney general under
74	74	this section must be filed in a district court of Travis County or
75	75	of the county in which the school district is located.
76	76	SECTION 3. - PROHIBITED INSTRUCTION; CRIMINAL PENALTY
77	77	Chapter 1, Education Code, is amended by adding Section 1.012 to
78	78	read as follows:
79	79	Sec. 1.012. PROHIBITED INSTRUCTION; OFFENSE; PENALTY.
80	80	(1) On or after January 1, 2026, a person commits an
81	81	offense if the person, on behalf of a school district:
82	82	(a) knowingly engages in, promotes or facilitates a
83	83	discriminatory practice; or
84	84	(b) knowingly requests or requires a person to produce or
85	85	provide a prohibited submission; or knowingly conducts, promotes or
86	86	facilitates a prohibited training.
87	87	(c) provides classroom instruction that is prohibited under
88	88	section 1.010.
89	89	(2) An offense under Subsection (1) is a misdemeanor
90	90	punishable by:
91	91	(a) a fine of not less than $100 or more than $500;
92	92	(b) confinement in the county jail for not less than one
93	93	month or more than six months; or
94	94	(c) both the fine and confinement.
95	95	SECTION 3. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2025.