By: Schoolcraft H.B. No. 1279
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting teaching in Texas public elementary and
secondary schools of hateful, divisive and discriminatory
practices and beliefs that could lead to discriminatory treatment
of individuals because of such individual's race, color, ethnicity,
sex, national origin or religion and the establishment of remedies
and penalties for discriminatory treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. - Chapter 1, Education Code, is amended by adding
Section 1.010 to read as follows:
Sec. 1.010. Prohibited Instruction
(1) As used in this Chapter, the term "personal
identity characteristics " means the same as that term is defined in
Chapter 3, Texas Government Code.
(2) A public elementary or secondary school may not
instruct any student:
(a) that one personal identity characteristic is inherently
superior or inferior to another personal identity characteristic;
(b) that an individual, by virtue of the individual's
personal identity characteristics, is inherently privileged,
oppressed, racist, sexist, oppressive, or a victim, whether
consciously or unconsciously;
(c) that an individual should be discriminated against in
violation of Title VI, Title VII, and Title IX, receive adverse
treatment, be advanced, or receive beneficial treatment because of
the individual's personal identity characteristics;
(d) that an individual's moral character is determined by
the individual's personal identity characteristics;
(e) that an individual, by virtue of the individual's
personal identity characteristics, bears responsibility for
actions committed in the past by other individuals with the same
personal identity characteristics;
(f) that an individual should feel discomfort, guilt,
anguish, or other psychological distress solely because of the
individual's personal identity characteristics;
(g) that meritocracy is inherently racist or sexist;
(h) that socio-political structures are inherently a series
of power relationships and struggles among racial groups;
(i) values that promote resentment between, or resentment
of, individuals by virtue of their personal identity
characteristics;
(j) statements that ascribe values, morals, or ethical
codes, privileges, or beliefs to an individual because of the
individual's personal identity characteristics.
(3) The prohibition in section (2) does not prohibit
an impartial discussion or study of ideologies or beliefs that
include the prohibited behaviors as long as the institution does
not directly or indirectly attempt to encourage those behaviors or
impose those beliefs on a student.
SECTION 2. - PENALTIES FOR VIOLATION
Chapter 1, Education Code, is amended by adding Section 1.011 to
read as follows:
Sec. 1.011. PROHIBITED INSTRUCTION; OFFENSE; MANDAMUS;
INJUNCTION.
(1) A person may bring an action by mandamus or
injunction to stop, prevent, or reverse a violation or threatened
violation of Sections 1.010.
(2) The court may assess costs of litigation and
reasonable attorney fees incurred by a plaintiff or defendant who
substantially prevails in an action under Subsection (1). In
exercising its discretion, the court shall consider whether the
action was brought in good faith and whether the conduct of the
governmental employer had a reasonable basis in law.
(3) The attorney general may bring an action by
mandamus or injunction to stop, prevent, or reverse a violation or
threatened violation of Sections 1.010.
(4) (d) A suit filed by the attorney general under
this section must be filed in a district court of Travis County or
of the county in which the school district is located.
SECTION 3. - PROHIBITED INSTRUCTION; CRIMINAL PENALTY
Chapter 1, Education Code, is amended by adding Section 1.012 to
read as follows:
Sec. 1.012. PROHIBITED INSTRUCTION; OFFENSE; PENALTY.
(1) On or after January 1, 2026, a person commits an
offense if the person, on behalf of a school district:
(a) knowingly engages in, promotes or facilitates a
discriminatory practice; or
(b) knowingly requests or requires a person to produce or
provide a prohibited submission; or knowingly conducts, promotes or
facilitates a prohibited training.
(c) provides classroom instruction that is prohibited under
section 1.010.
(2) An offense under Subsection (1) is a misdemeanor
punishable by:
(a) a fine of not less than $100 or more than $500;
(b) confinement in the county jail for not less than one
month or more than six months; or
(c) both the fine and confinement.
SECTION 3. 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.