By: Harrison H.B. No. 2339
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting public institutions of higher education
from offering programs or courses in LGBTQ or DEI studies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.988 to read as follows:
Sec. 51.988. PROHIBITION ON LGBTQ PROGRAMS AND COURSES.
(a) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(3) "Male" means a person belonging, at conception, to
the sex that produces the small reproductive cell.
(4) "Female" means a person belonging, at conception,
to the sex that produces the large reproductive cell.
(b) An institution of higher education may not offer a
certificate or degree program, including any major or minor, or
course in lesbian, gay, bisexual, transgender, or queer studies.
(c) All certificate or degree programs, including any major
or minor, or courses, at an institute of higher education must
comply with the biological reality that there are only two sexes,
male and female, and these sexes are not changeable.
(d) An institution of higher education may not offer a
certificate or degree program, including any major or minor, or
course, in diversity, equity, and inclusion, including but not
limited to, promoting differential treatment of individuals on the
basis of race, color, or ethnicity.
(e) The state auditor shall conduct a compliance audit of
each institution of higher education every year to determine
whether the institution has spent state money in violation of this
section.
(f) If the state auditor determines pursuant to a compliance
audit conducted under Subsection (e) that an institution of higher
education has spent money in violation of this section, the
institution may not receive state funding until the institution
complies with this section.
(g) A student of an institution of higher education who is
required to participate in a certificate or degree program,
including any major or minor, or course in violation of this section
may bring an action against the institution for injunctive or
declaratory relief.
(h) If an institution of higher education determines that an
employee of the institution has violated this section, the
institution shall:
(1) take the following action against the employee:
(A) for the first violation, place the employee
on unpaid leave for the next academic year; or
(B) for the second or a subsequent violation,
discharge the employee; and
(2) report the determination and the action taken by
the institution to the coordinating board.
(i) The coordinating board shall maintain and provide to
each institution of higher education a list of persons against whom
action has been taken under Subsection (h).
(j) An institution of higher education may not hire an
employee who is included on the coordinating board's list
maintained under Subsection (i) before:
(1) if the employee was placed on unpaid leave under
Subsection (h)(1)(A), the end of the academic year for which the
employee is placed on unpaid leave; or
(2) if the employee was discharged under Subsection
(h)(1)(B), the fifth anniversary of the date on which the employee
was discharged.
SECTION 2. This Act applies beginning with the 2026-2027
academic year.
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.