89R9791 KJE-D By: Hinojosa of Nueces S.B. No. 2233 A BILL TO BE ENTITLED AN ACT relating to a prohibition on certain persons supporting terrorist activity 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 51.989 to read as follows: Sec. 51.989. PROHIBITION ON CERTAIN PERSONS SUPPORTING TERRORIST ACTIVITY. (a) In this section: (1) "Institution of higher education" has the meaning assigned by Section 61.003. (2) "Terrorist activity" and "terrorist organization" have the meanings assigned by 8 U.S.C. Section 1182. (b) An institution of higher education shall adopt a policy prohibiting a student enrolled at or employee of the institution who holds a nonimmigrant visa from: (1) publicly supporting terrorist activity related to an ongoing conflict; or (2) at any time or place, persuading others to support terrorist activity related to an ongoing conflict or to support a terrorist organization, unless it is the policy or practice of the United States to support that activity or organization. (c) If an institution of higher education receives a report that a student enrolled at or employee of the institution who holds a nonimmigrant visa has violated the policy adopted under Subsection (b), the institution shall conduct an investigation to determine whether a violation occurred. (d) If an institution of higher education determines by a preponderance of the evidence that a student enrolled at or employee of the institution who holds a nonimmigrant visa violated the policy adopted under Subsection (b), the institution shall: (1) for the first violation, suspend the student or the employee's employment for a period of at least one year; (2) for the second violation, expel the student or terminate the employee's employment; and (3) promptly report the suspension, expulsion, or termination to the United States Department of Homeland Security through the Student and Exchange Visitor Information System (SEVIS). (e) An institution of higher education may not admit to or hire at the institution a person: (1) who has been suspended under Subsection (d)(1) during the period of the suspension; or (2) who has been expelled or whose employment was terminated under Subsection (d)(2). (f) The attorney general may bring an action against an institution of higher education to compel the institution to comply with this section. If the court determines that the institution has failed to comply with this section, the court may impose on the institution a fine in an amount not to exceed one percent of the institution's annual budget per instance of failure to comply. SECTION 2. 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.