| 1 | 1 | | By: Harrison H.B. No. 2339 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to prohibiting public institutions of higher education |
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| 9 | 9 | | from offering programs or courses in LGBTQ or DEI studies. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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| 12 | 12 | | amended by adding Section 51.988 to read as follows: |
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| 13 | 13 | | Sec. 51.988. PROHIBITION ON LGBTQ PROGRAMS AND COURSES. |
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| 14 | 14 | | (a) In this section: |
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| 15 | 15 | | (1) "Institution of higher education" has the meaning |
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| 16 | 16 | | assigned by Section 61.003. |
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| 17 | 17 | | (2) "Coordinating board" means the Texas Higher |
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| 18 | 18 | | Education Coordinating Board. |
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| 19 | 19 | | (3) "Male" means a person belonging, at conception, to |
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| 20 | 20 | | the sex that produces the small reproductive cell. |
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| 21 | 21 | | (4) "Female" means a person belonging, at conception, |
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| 22 | 22 | | to the sex that produces the large reproductive cell. |
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| 23 | 23 | | (b) An institution of higher education may not offer a |
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| 24 | 24 | | certificate or degree program, including any major or minor, or |
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| 25 | 25 | | course in lesbian, gay, bisexual, transgender, or queer studies. |
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| 26 | 26 | | (c) All certificate or degree programs, including any major |
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| 27 | 27 | | or minor, or courses, at an institute of higher education must |
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| 28 | 28 | | comply with the biological reality that there are only two sexes, |
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| 29 | 29 | | male and female, and these sexes are not changeable. |
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| 30 | 30 | | (d) An institution of higher education may not offer a |
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| 31 | 31 | | certificate or degree program, including any major or minor, or |
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| 32 | 32 | | course, in diversity, equity, and inclusion, including but not |
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| 33 | 33 | | limited to, promoting differential treatment of individuals on the |
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| 34 | 34 | | basis of race, color, or ethnicity. |
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| 35 | 35 | | (e) The state auditor shall conduct a compliance audit of |
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| 36 | 36 | | each institution of higher education every year to determine |
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| 37 | 37 | | whether the institution has spent state money in violation of this |
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| 38 | 38 | | section. |
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| 39 | 39 | | (f) If the state auditor determines pursuant to a compliance |
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| 40 | 40 | | audit conducted under Subsection (e) that an institution of higher |
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| 41 | 41 | | education has spent money in violation of this section, the |
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| 42 | 42 | | institution may not receive state funding until the institution |
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| 43 | 43 | | complies with this section. |
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| 44 | 44 | | (g) A student of an institution of higher education who is |
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| 45 | 45 | | required to participate in a certificate or degree program, |
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| 46 | 46 | | including any major or minor, or course in violation of this section |
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| 47 | 47 | | may bring an action against the institution for injunctive or |
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| 48 | 48 | | declaratory relief. |
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| 49 | 49 | | (h) If an institution of higher education determines that an |
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| 50 | 50 | | employee of the institution has violated this section, the |
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| 51 | 51 | | institution shall: |
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| 52 | 52 | | (1) take the following action against the employee: |
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| 53 | 53 | | (A) for the first violation, place the employee |
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| 54 | 54 | | on unpaid leave for the next academic year; or |
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| 55 | 55 | | (B) for the second or a subsequent violation, |
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| 56 | 56 | | discharge the employee; and |
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| 57 | 57 | | (2) report the determination and the action taken by |
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| 58 | 58 | | the institution to the coordinating board. |
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| 59 | 59 | | (i) The coordinating board shall maintain and provide to |
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| 60 | 60 | | each institution of higher education a list of persons against whom |
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| 61 | 61 | | action has been taken under Subsection (h). |
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| 62 | 62 | | (j) An institution of higher education may not hire an |
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| 63 | 63 | | employee who is included on the coordinating board's list |
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| 64 | 64 | | maintained under Subsection (i) before: |
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| 65 | 65 | | (1) if the employee was placed on unpaid leave under |
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| 66 | 66 | | Subsection (h)(1)(A), the end of the academic year for which the |
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| 67 | 67 | | employee is placed on unpaid leave; or |
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| 68 | 68 | | (2) if the employee was discharged under Subsection |
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| 69 | 69 | | (h)(1)(B), the fifth anniversary of the date on which the employee |
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| 70 | 70 | | was discharged. |
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| 71 | 71 | | SECTION 2. This Act applies beginning with the 2026-2027 |
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| 72 | 72 | | academic year. |
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| 73 | 73 | | SECTION 3. This Act takes effect immediately if it receives |
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| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
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| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
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| 77 | 77 | | Act takes effect September 1, 2025. |
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