By: Schoolcraft H.B. No. 1279

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting teaching in Texas public elementary and secondary schools of hateful, divisive and discriminatory practices and beliefs that could lead to discriminatory treatment of individuals because of such individual's race, color, ethnicity, sex, national origin or religion and the establishment of remedies and penalties for discriminatory treatment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. - Chapter 1, Education Code, is amended by adding Section 1.010 to read as follows:

Sec. 1.010. Prohibited Instruction

(1) As used in this Chapter, the term "personal identity characteristics " means the same as that term is defined in Chapter 3, Texas Government Code.

(2) A public elementary or secondary school may not instruct any student:

(a) that one personal identity characteristic is inherently superior or inferior to another personal identity characteristic;

(b) that an individual, by virtue of the individual's personal identity characteristics, is inherently privileged, oppressed, racist, sexist, oppressive, or a victim, whether consciously or unconsciously;

(c) that an individual should be discriminated against in violation of Title VI, Title VII, and Title IX, receive adverse treatment, be advanced, or receive beneficial treatment because of the individual's personal identity characteristics;

(d) that an individual's moral character is determined by the individual's personal identity characteristics;

(e) that an individual, by virtue of the individual's personal identity characteristics, bears responsibility for actions committed in the past by other individuals with the same personal identity characteristics;

(f) that an individual should feel discomfort, guilt, anguish, or other psychological distress solely because of the individual's personal identity characteristics;

(g) that meritocracy is inherently racist or sexist;

(h) that socio-political structures are inherently a series of power relationships and struggles among racial groups;

(i) values that promote resentment between, or resentment of, individuals by virtue of their personal identity characteristics;

(j) statements that ascribe values, morals, or ethical codes, privileges, or beliefs to an individual because of the individual's personal identity characteristics.

(3) The prohibition in section (2) does not prohibit an impartial discussion or study of ideologies or beliefs that include the prohibited behaviors as long as the institution does not directly or indirectly attempt to encourage those behaviors or impose those beliefs on a student.

SECTION 2. - PENALTIES FOR VIOLATION Chapter 1, Education Code, is amended by adding Section 1.011 to read as follows:

Sec. 1.011. PROHIBITED INSTRUCTION; OFFENSE; MANDAMUS; INJUNCTION.

(1) A person may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of Sections 1.010.

(2) The court may assess costs of litigation and reasonable attorney fees incurred by a plaintiff or defendant who substantially prevails in an action under Subsection (1). In exercising its discretion, the court shall consider whether the action was brought in good faith and whether the conduct of the governmental employer had a reasonable basis in law.

(3) The attorney general may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of Sections 1.010.

(4) (d) A suit filed by the attorney general under this section must be filed in a district court of Travis County or of the county in which the school district is located.

SECTION 3. - PROHIBITED INSTRUCTION; CRIMINAL PENALTY Chapter 1, Education Code, is amended by adding Section 1.012 to read as follows:

Sec. 1.012. PROHIBITED INSTRUCTION; OFFENSE; PENALTY.

(1) On or after January 1, 2026, a person commits an offense if the person, on behalf of a school district:

(a) knowingly engages in, promotes or facilitates a discriminatory practice; or

(b) knowingly requests or requires a person to produce or provide a prohibited submission; or knowingly conducts, promotes or facilitates a prohibited training.

(c) provides classroom instruction that is prohibited under section 1.010.

(2) An offense under Subsection (1) is a misdemeanor punishable by:

(a) a fine of not less than $100 or more than $500;

(b) confinement in the county jail for not less than one month or more than six months; or

(c) both the fine and confinement.

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.