Texas 2025 - 89th Regular

Texas House Bill HB2102 Compare Versions

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

Old	New	Differences
1	1	89R8470 CXP-D
2	2	By: Leo Wilson H.B. No. 2102
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibiting discrimination and conduct motivated by
10	10	antisemitism by public schools and institutions of higher education
11	11	and providing antisemitism awareness training and instruction at
12	12	those schools and institutions.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 1, Education Code, is amended by adding
15	15	Sections 1.009 and 1.012 to read as follows:
16	16	Sec. 1.009. PROHIBITED DISCRIMINATION. (a) In this
17	17	section:
18	18	(1) "Antisemitism" has the meaning assigned by Section
19	19	448.001, Government Code, including the examples referenced in that
20	20	term. The term does not include criticism of Israel that is similar
21	21	to criticism of any other country.
22	22	(2) "Institution of higher education" has the meaning
23	23	assigned by Section 61.003.
24	24	(3) "Public elementary or secondary school" means a
25	25	school district and a district, campus, program, or school
26	26	operating under a charter under Chapter 12.
27	27	(b) This section may not be construed to:
28	28	(1) diminish or infringe on any right protected under
29	29	the First Amendment to the United States Constitution or by Section
30	30	8, Article I, Texas Constitution; or
31	31	(2) conflict with federal, state, or local
32	32	discrimination laws.
33	33	(c) Notwithstanding any other law and subject to Subsection
34	34	(d), a public elementary or secondary school or institution of
35	35	higher education may not discriminate against a person on the basis
36	36	of race, ethnicity, national origin, gender, disability, religion,
37	37	or marital status. Discrimination prohibited under this subsection
38	38	includes discrimination affecting a person's:
39	39	(1) admission to a program or course;
40	40	(2) participation in a program or activity;
41	41	(3) access to guidance or counseling services;
42	42	(4) access to financial assistance or any other
43	43	opportunity or benefit; or
44	44	(5) employment, including employment conditions and
45	45	practices.
46	46	(d) This section does not affect the provision of programs
47	47	designed to meet the needs of emergent bilingual students, as
48	48	defined by Section 29.052, gifted and talented students, students
49	49	with disabilities, or other students who require specialized
50	50	education services.
51	51	(e) For purposes of this section, discrimination motivated
52	52	by antisemitism is considered discrimination motivated by race.
53	53	(f) The Texas Education Agency shall monitor each public
54	54	elementary or secondary school to ensure that the school complies
55	55	with this section and Sections 22.906 and 37.0095. The Texas Higher
56	56	Education Coordinating Board shall monitor each institution of
57	57	higher education to ensure that the institution complies with this
58	58	section and Section 51.9791.
59	59	Sec. 1.012. ANTISEMITISM AWARENESS TRAINING AND
60	60	INSTRUCTION. (a) In this section:
61	61	(1) "Antisemitism" and "public elementary or
62	62	secondary school" have the meanings assigned by Section 1.009.
63	63	(2) "Institution of higher education" has the meaning
64	64	assigned by Section 61.003.
65	65	(b) A public elementary or secondary school or institution
66	66	of higher education may provide:
67	67	(1) antisemitism awareness training to students,
68	68	faculty, administrators, and law enforcement officers of the school
69	69	or institution; and
70	70	(2) instruction to enrolled students for Jewish
71	71	American Heritage Month to improve understanding of historical and
72	72	modern Jewish experiences in the United States.
73	73	SECTION 2. Subchapter Z, Chapter 22, Education Code, is
74	74	amended by adding Section 22.906 to read as follows:
75	75	Sec. 22.906. ANTISEMITISM: DISCIPLINARY ACTION. (a) In
76	76	taking disciplinary action against an employee for behavior that
77	77	violates the district's or school's employee code of conduct and
78	78	that may reasonably be determined to have been motivated by
79	79	antisemitism, a school district or open-enrollment charter school
80	80	shall consider the definition of antisemitism provided by Section
81	81	448.001, Government Code, including the examples referenced in that
82	82	term, as instructive in determining whether the employee's behavior
83	83	was motivated by antisemitism.
84	84	(b) A school district or open-enrollment charter school
85	85	that determines an employee's violation of the district's or
86	86	school's employee code of conduct was motivated by antisemitism
87	87	shall take the same disciplinary action against the employee as the
88	88	district or school would take against the employee for a violation
89	89	motivated by racism.
90	90	SECTION 3. Subchapter A, Chapter 37, Education Code, is
91	91	amended by adding Section 37.0095 to read as follows:
92	92	Sec. 37.0095. ANTISEMITISM: DISCIPLINARY ACTION. (a) In
93	93	taking disciplinary action against a student for behavior that
94	94	violates the student code of conduct adopted under Section 37.001
95	95	and that may reasonably be determined to have been motivated by
96	96	antisemitism, a school district or open-enrollment charter school
97	97	shall consider the definition of antisemitism provided by Section
98	98	448.001, Government Code, including the examples referenced in that
99	99	term, as instructive in determining whether the student's behavior
100	100	was motivated by antisemitism.
101	101	(b) A school district or open-enrollment charter school
102	102	that determines a student's violation of the student code of
103	103	conduct adopted under Section 37.001 was motivated by antisemitism
104	104	shall take the same disciplinary action against the student as the
105	105	district or school would take against the student for a violation
106	106	motivated by racism.
107	107	SECTION 4. Subchapter Z, Chapter 51, Education Code, is
108	108	amended by adding Section 51.9791 to read as follows:
109	109	Sec. 51.9791. ANTISEMITISM: DISCIPLINARY ACTION. (a) In
110	110	this section, "institution of higher education" has the meaning
111	111	assigned by Section 61.003.
112	112	(b) In taking disciplinary action against a student for
113	113	behavior that violates the institution's student code of conduct or
114	114	an employee for behavior that violates the institution's employee
115	115	code of conduct and that may reasonably be determined to have been
116	116	motivated by antisemitism, an institution of higher education shall
117	117	consider the definition of antisemitism provided by Section
118	118	448.001, Government Code, including the examples referenced in that
119	119	term, as instructive in determining whether the student's or
120	120	employee's behavior was motivated by antisemitism.
121	121	(c) An institution of higher education that determines a
122	122	student's or employee's violation of the institution's student or
123	123	employee code of conduct, as applicable, was motivated by
124	124	antisemitism shall take the same disciplinary action against the
125	125	student or employee as the institution would take against the
126	126	student or employee for a violation motivated by racism.
127	127	SECTION 5. (a) Sections 22.906 and 37.0095, Education
128	128	Code, as added by this Act, apply beginning with the 2025-2026
129	129	school year.
130	130	(b) Section 51.9791, Education Code, as added by this Act,
131	131	applies beginning with the 2025-2026 academic year.
132	132	SECTION 6. This Act takes effect immediately if it receives
133	133	a vote of two-thirds of all the members elected to each house, as
134	134	provided by Section 39, Article III, Texas Constitution. If this
135	135	Act does not receive the vote necessary for immediate effect, this
136	136	Act takes effect September 1, 2025.