89R8470 CXP-D
By: Leo Wilson H.B. No. 2102
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting discrimination and conduct motivated by
antisemitism by public schools and institutions of higher education
and providing antisemitism awareness training and instruction at
those schools and institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Education Code, is amended by adding
Sections 1.009 and 1.012 to read as follows:
Sec. 1.009. PROHIBITED DISCRIMINATION. (a) In this
section:
(1) "Antisemitism" has the meaning assigned by Section
448.001, Government Code, including the examples referenced in that
term. The term does not include criticism of Israel that is similar
to criticism of any other country.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(3) "Public elementary or secondary school" means a
school district and a district, campus, program, or school
operating under a charter under Chapter 12.
(b) This section may not be construed to:
(1) diminish or infringe on any right protected under
the First Amendment to the United States Constitution or by Section
8, Article I, Texas Constitution; or
(2) conflict with federal, state, or local
discrimination laws.
(c) Notwithstanding any other law and subject to Subsection
(d), a public elementary or secondary school or institution of
higher education may not discriminate against a person on the basis
of race, ethnicity, national origin, gender, disability, religion,
or marital status. Discrimination prohibited under this subsection
includes discrimination affecting a person's:
(1) admission to a program or course;
(2) participation in a program or activity;
(3) access to guidance or counseling services;
(4) access to financial assistance or any other
opportunity or benefit; or
(5) employment, including employment conditions and
practices.
(d) This section does not affect the provision of programs
designed to meet the needs of emergent bilingual students, as
defined by Section 29.052, gifted and talented students, students
with disabilities, or other students who require specialized
education services.
(e) For purposes of this section, discrimination motivated
by antisemitism is considered discrimination motivated by race.
(f) The Texas Education Agency shall monitor each public
elementary or secondary school to ensure that the school complies
with this section and Sections 22.906 and 37.0095. The Texas Higher
Education Coordinating Board shall monitor each institution of
higher education to ensure that the institution complies with this
section and Section 51.9791.
Sec. 1.012. ANTISEMITISM AWARENESS TRAINING AND
INSTRUCTION. (a) In this section:
(1) "Antisemitism" and "public elementary or
secondary school" have the meanings assigned by Section 1.009.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(b) A public elementary or secondary school or institution
of higher education may provide:
(1) antisemitism awareness training to students,
faculty, administrators, and law enforcement officers of the school
or institution; and
(2) instruction to enrolled students for Jewish
American Heritage Month to improve understanding of historical and
modern Jewish experiences in the United States.
SECTION 2. Subchapter Z, Chapter 22, Education Code, is
amended by adding Section 22.906 to read as follows:
Sec. 22.906. ANTISEMITISM: DISCIPLINARY ACTION. (a) In
taking disciplinary action against an employee for behavior that
violates the district's or school's employee code of conduct and
that may reasonably be determined to have been motivated by
antisemitism, a school district or open-enrollment charter school
shall consider the definition of antisemitism provided by Section
448.001, Government Code, including the examples referenced in that
term, as instructive in determining whether the employee's behavior
was motivated by antisemitism.
(b) A school district or open-enrollment charter school
that determines an employee's violation of the district's or
school's employee code of conduct was motivated by antisemitism
shall take the same disciplinary action against the employee as the
district or school would take against the employee for a violation
motivated by racism.
SECTION 3. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.0095 to read as follows:
Sec. 37.0095. ANTISEMITISM: DISCIPLINARY ACTION. (a) In
taking disciplinary action against a student for behavior that
violates the student code of conduct adopted under Section 37.001
and that may reasonably be determined to have been motivated by
antisemitism, a school district or open-enrollment charter school
shall consider the definition of antisemitism provided by Section
448.001, Government Code, including the examples referenced in that
term, as instructive in determining whether the student's behavior
was motivated by antisemitism.
(b) A school district or open-enrollment charter school
that determines a student's violation of the student code of
conduct adopted under Section 37.001 was motivated by antisemitism
shall take the same disciplinary action against the student as the
district or school would take against the student for a violation
motivated by racism.
SECTION 4. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9791 to read as follows:
Sec. 51.9791. ANTISEMITISM: DISCIPLINARY ACTION. (a) In
this section, "institution of higher education" has the meaning
assigned by Section 61.003.
(b) In taking disciplinary action against a student for
behavior that violates the institution's student code of conduct or
an employee for behavior that violates the institution's employee
code of conduct and that may reasonably be determined to have been
motivated by antisemitism, an institution of higher education shall
consider the definition of antisemitism provided by Section
448.001, Government Code, including the examples referenced in that
term, as instructive in determining whether the student's or
employee's behavior was motivated by antisemitism.
(c) An institution of higher education that determines a
student's or employee's violation of the institution's student or
employee code of conduct, as applicable, was motivated by
antisemitism shall take the same disciplinary action against the
student or employee as the institution would take against the
student or employee for a violation motivated by racism.
SECTION 5. (a) Sections 22.906 and 37.0095, Education
Code, as added by this Act, apply beginning with the 2025-2026
school year.
(b) Section 51.9791, Education Code, as added by this Act,
applies beginning with the 2025-2026 academic year.
SECTION 6. 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.