89R8471 CXP-D By: Shaheen H.B. No. 5112 A BILL TO BE ENTITLED AN ACT relating to a policy prohibiting antisemitism at public institutions of higher education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.9317 to read as follows: Sec. 51.9317. ANTISEMITISM PROHIBITED. (a) In this section: (1) "Antisemitism" has the meaning assigned by Section 448.001, Government Code, including the examples referenced in that term. (2) "Institution of higher education" has the meaning assigned by Section 61.003. (b) Each institution of higher education shall adopt a policy that: (1) prohibits students and student organizations from engaging in antisemitism-motivated violence or speech intended to imminently incite violence or other unlawful action against or toward a Jewish person or the Jewish community; and (2) establishes disciplinary sanctions for students and student organizations, including expulsion from the institution or disbanding of the student organization, that engage in conduct prohibited by Subdivision (1). (c) An institution of higher education may not spend money appropriated to the institution for a state fiscal year until the governing board of the institution submits to the legislature and the Texas Higher Education Coordinating Board a report certifying the institution's compliance with this section during the preceding state fiscal year. SECTION 2. (a) Except as provided by Subsection (b) of this section, this Act applies beginning with the 2025-2026 academic year. (b) Section 51.9317(c), Education Code, as added by this Act, applies beginning with money appropriated to a public institution of higher education for a state fiscal year beginning September 1, 2026. 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.