BILL ANALYSIS Senate Research Center S.B. 1909 89R8471 CXP-D By: Creighton Education K-16 4/14/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In March 2024, Governor Abbott issued Executive Order GA-44 to fight acts of antisemitism on the campuses of Texas colleges and universities and to ensure a safe learning environment for all students. S.B. 1909 effectively codifies GA-44's provisions by statutorily requiring that all higher education institutions in Texas include the definition of antisemitism in their free speech policies, review their free speech policies to establish appropriate punishments for antisemitic rhetoric that incites violence on college and university campuses, including expulsion from the institution, penalize and discipline official student organizations and individual students for acts of violence or speech intended to imminently incites violence or other lawless action against or towards the Jewish community, and require universities to certify compliance with these requirements, along with a penalty for failure to comply to these requirements. As proposed, S.B. 1909 amends current law relating to a policy prohibiting antisemitism at public institutions of higher education. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter Z, Chapter 51, Education Code, by adding Section 51.9317, as follows: Sec. 51.9317. ANTISEMITISM PROHIBITED. (a) Defines "antisemitism" and "institution of higher education." (b) Requires each institution of higher education to 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) Prohibits an institution of higher education from spending 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) Provides that, except as provided by Subsection (b) of this section, this Act applies beginning with the 20252026 academic year. (b) Provides that 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. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1909
89R8471 CXP-D By: Creighton
Education K-16
4/14/2025
As Filed
Senate Research Center
S.B. 1909
89R8471 CXP-D
By: Creighton
Education K-16
4/14/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In March 2024, Governor Abbott issued Executive Order GA-44 to fight acts of antisemitism on the campuses of Texas colleges and universities and to ensure a safe learning environment for all students.
S.B. 1909 effectively codifies GA-44's provisions by statutorily requiring that all higher education institutions in Texas include the definition of antisemitism in their free speech policies, review their free speech policies to establish appropriate punishments for antisemitic rhetoric that incites violence on college and university campuses, including expulsion from the institution, penalize and discipline official student organizations and individual students for acts of violence or speech intended to imminently incites violence or other lawless action against or towards the Jewish community, and require universities to certify compliance with these requirements, along with a penalty for failure to comply to these requirements.
As proposed, S.B. 1909 amends current law relating to a policy prohibiting antisemitism at public institutions of higher education.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter Z, Chapter 51, Education Code, by adding Section 51.9317, as follows:
Sec. 51.9317. ANTISEMITISM PROHIBITED. (a) Defines "antisemitism" and "institution of higher education."
(b) Requires each institution of higher education to 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) Prohibits an institution of higher education from spending 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) Provides that, except as provided by Subsection (b) of this section, this Act applies beginning with the 20252026 academic year.
(b) Provides that 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. Effective date: upon passage or September 1, 2025.