By: King, Blanco, Parker S.B. No. 326
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 use the definition of antisemitism provided by Section
448.001, Government Code, including the examples referenced in that
term, 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 use the
definition of antisemitism provided by Section 448.001, Government
Code, including the examples referenced in that term, 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.