Texas 2025 - 89th Regular

Texas House Bill HB2391 Latest Draft

Bill / Comm Sub Version Filed 04/16/2025

                            89R1592 CXP-D
 By: Capriglione, McQueeney, Metcalf H.B. No. 2391




 A BILL TO BE ENTITLED
 AN ACT
 relating to the procedure for determining whether a student's
 violation of a public school's or public institution of higher
 education's student code of conduct was motivated by antisemitism.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter A, Chapter 37, Education Code, is
 amended by adding Section 37.0095 to read as follows:
 Sec. 37.0095.  ANTISEMITISM: DISCIPLINARY ACTION. 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.
 SECTION 2.  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
 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 behavior was
 motivated by antisemitism.
 SECTION 3.  (a) Section 37.0095, Education Code, as added by
 this Act, applies 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 4.  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.