| 1 | 1 | | 89R8471 CXP-D |
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| 2 | 2 | | By: Shaheen H.B. No. 5112 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a policy prohibiting antisemitism at public |
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| 10 | 10 | | institutions of higher education. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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| 13 | 13 | | amended by adding Section 51.9317 to read as follows: |
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| 14 | 14 | | Sec. 51.9317. ANTISEMITISM PROHIBITED. (a) In this |
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| 15 | 15 | | section: |
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| 16 | 16 | | (1) "Antisemitism" has the meaning assigned by Section |
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| 17 | 17 | | 448.001, Government Code, including the examples referenced in that |
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| 18 | 18 | | term. |
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| 19 | 19 | | (2) "Institution of higher education" has the meaning |
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| 20 | 20 | | assigned by Section 61.003. |
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| 21 | 21 | | (b) Each institution of higher education shall adopt a |
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| 22 | 22 | | policy that: |
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| 23 | 23 | | (1) prohibits students and student organizations from |
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| 24 | 24 | | engaging in antisemitism-motivated violence or speech intended to |
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| 25 | 25 | | imminently incite violence or other unlawful action against or |
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| 26 | 26 | | toward a Jewish person or the Jewish community; and |
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| 27 | 27 | | (2) establishes disciplinary sanctions for students |
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| 28 | 28 | | and student organizations, including expulsion from the |
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| 29 | 29 | | institution or disbanding of the student organization, that engage |
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| 30 | 30 | | in conduct prohibited by Subdivision (1). |
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| 31 | 31 | | (c) An institution of higher education may not spend money |
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| 32 | 32 | | appropriated to the institution for a state fiscal year until the |
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| 33 | 33 | | governing board of the institution submits to the legislature and |
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| 34 | 34 | | the Texas Higher Education Coordinating Board a report certifying |
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| 35 | 35 | | the institution's compliance with this section during the preceding |
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| 36 | 36 | | state fiscal year. |
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| 37 | 37 | | SECTION 2. (a) Except as provided by Subsection (b) of this |
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| 38 | 38 | | section, this Act applies beginning with the 2025-2026 academic |
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| 39 | 39 | | year. |
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| 40 | 40 | | (b) Section 51.9317(c), Education Code, as added by this |
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| 41 | 41 | | Act, applies beginning with money appropriated to a public |
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| 42 | 42 | | institution of higher education for a state fiscal year beginning |
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| 43 | 43 | | September 1, 2026. |
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| 44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2025. |
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