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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting diversity, equity, and inclusion practices |
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at school districts; authorizing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 11, Education Code, is |
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amended by adding Section 11.005 to read as follows: |
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Sec. 11.005. PROHIBITION ON DIVERSITY, EQUITY, AND |
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INCLUSION PRACTICES. (a) In this section, "diversity, equity, and |
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inclusion practices" means: |
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(1) influencing hiring or employment practices with |
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respect to race, sex, color, or ethnicity except as necessary to |
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comply with state or federal antidiscrimination laws; |
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(2) promoting differential treatment of or providing |
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special benefits to individuals on the basis of race, color, or |
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ethnicity; |
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(3) developing or implementing policies, procedures, |
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or training programs that reference race, color, ethnicity, gender |
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identity, or sexual orientation except as necessary to comply with |
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state or federal law; and |
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(4) compelling, requiring, inducing, or soliciting |
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any person to provide a diversity, equity, and inclusion statement |
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or giving preferential consideration to any person based on the |
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provision of a diversity, equity, and inclusion statement. |
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(b) A school district shall promote a colorblind |
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meritocracy to ensure equal service and support for all students, |
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regardless of race, ethnicity, religion, or nationality. |
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(c) A school district may not: |
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(1) use state or local money to pay for, or contract |
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with a third party for, a department or program that uses diversity, |
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equity, and inclusion practices; |
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(2) contract with a vendor to provide training in or |
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services or programs for diversity, equity, and inclusion |
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practices; |
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(3) promote an event, meeting, or club that favors |
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persons of one race over persons of another race; |
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(4) provide professional development training for |
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teachers, parents, students, or public stakeholders on diversity, |
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equity, and inclusion practices; |
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(5) host a field trip to an event or meeting that |
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promotes racially exclusive rhetoric; |
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(6) provide financial support to a student-led |
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organization, club, or association that excludes participants |
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based on race or ethnicity; |
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(7) give preferential treatment in disciplinary |
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practices or procedures to a student based on the student's race or |
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ethnicity; |
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(8) create or use a curriculum based on diversity, |
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equity, and inclusion practices; |
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(9) discriminate against a person of a certain race |
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for actions committed by the person's ancestor; |
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(10) create or promote a scholarship that favors |
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students of one race over students of another race; or |
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(11) use restorative justice practices. |
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(d) The board of trustees of a school district may not adopt |
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a policy or resolution that supports diversity, equity, and |
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inclusion practices. |
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(e) A member of the board of trustees of a school district or |
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an employee of the district may not attend, in the person's capacity |
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as a member or employee, a conference that promotes or teaches |
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diversity, equity, and inclusion practices. |
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(f) If the commissioner determines that a school district |
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violated this section: |
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(1) the district may not receive state money for the |
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state fiscal year following the state fiscal year in which the |
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district violated this section; and |
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(2) the agency shall assess an administrative penalty |
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against the district in an amount not to exceed $1,000,000. |
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(g) The attorney general may bring an action for injunctive |
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relief against a school district or a member of the board of |
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trustees or employee of the district to compel the district, |
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member, or employee to comply with this section. |
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(h) The commissioner may adopt rules as necessary to enforce |
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this section. |
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SECTION 2. Section 37.0013(a), Education Code, is amended |
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to read as follows: |
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(a) Each school district and open-enrollment charter school |
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may develop and implement a program, in consultation with campus |
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behavior coordinators employed by the district or school and |
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representatives of a regional education service center, that |
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provides a disciplinary alternative for a student enrolled in a |
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grade level below grade three who engages in conduct described by |
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Section 37.005(a) and is not subject to Section 37.005(c). The |
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program must: |
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(1) be age-appropriate and research-based; |
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(2) provide models for positive behavior; |
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(3) promote a positive school environment; |
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(4) provide alternative disciplinary courses of |
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action that do not rely on the use of in-school suspension, |
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out-of-school suspension, or placement in a disciplinary |
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alternative education program to manage student behavior; and |
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(5) provide behavior management strategies, |
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including: |
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(A) positive behavioral intervention and |
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support; |
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(B) trauma-informed practices; |
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(C) social and emotional learning; and |
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(D) a referral for services, as necessary[; and |
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[(E) restorative practices]. |
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SECTION 3. Section 48.115(b), Education Code, is amended to |
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read as follows: |
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(b) Funds allocated under this section must be used to |
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improve school safety and security, including costs associated |
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with: |
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(1) securing school facilities in accordance with the |
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requirements of Section 37.351, including: |
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(A) improvements to school infrastructure; |
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(B) the use or installation of perimeter security |
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fencing conducive to a public school learning environment or |
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physical barriers, which may not include razor wire; |
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(C) exterior door and window safety and security |
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upgrades, including exterior door numbering and locking systems and |
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security film that provides resistance to a forced entry; and |
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(D) the purchase and maintenance of: |
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(i) security cameras and, if the district |
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has already installed security cameras, other security equipment, |
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including video surveillance as provided by Section 29.022; and |
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(ii) technology, including communications |
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systems or devices, such as silent panic alert devices, two-way |
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radios, or wireless Internet booster equipment, that facilitates |
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communication and information sharing between students, school |
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personnel, and first responders in an emergency; |
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(2) providing security for the district, including: |
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(A) employing school district peace officers, |
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private security officers, and school marshals; and |
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(B) collaborating with local law enforcement |
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agencies, such as entering into a memorandum of understanding for |
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the assignment of school resource officers to schools in the |
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district; |
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(3) school safety and security measures, including: |
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(A) active shooter and emergency response |
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training; |
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(B) prevention and treatment programs relating |
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to addressing adverse childhood experiences; and |
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(C) the prevention, identification, and |
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management of emergencies and threats, using evidence-based, |
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effective prevention practices and including: |
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(i) providing licensed counselors, social |
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workers, and chaplains[, and individuals trained in restorative |
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discipline and restorative justice practices]; |
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(ii) providing mental health personnel and |
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support, including chaplains; |
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(iii) providing behavioral health |
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services, including services provided by chaplains; |
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(iv) establishing threat reporting |
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systems; and |
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(v) developing and implementing programs |
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focused on [restorative justice practices,] culturally relevant |
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instruction[,] and providing mental health support, including |
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support provided by chaplains; |
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(4) providing programs related to suicide prevention, |
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intervention, and postvention, including programs provided by |
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chaplains; and |
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(5) employing a school safety director and other |
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personnel to manage and monitor school safety initiatives and the |
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implementation of school safety requirements for the district. |
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SECTION 4. Section 1701.262(c), Occupations Code, is |
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amended to read as follows: |
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(c) The curriculum developed under this section must |
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incorporate learning objectives regarding: |
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(1) child and adolescent development and psychology; |
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(2) positive behavioral interventions and supports |
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and[,] conflict resolution techniques[, and restorative justice |
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techniques]; |
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(3) de-escalation techniques and techniques for |
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limiting the use of force, including the use of physical, |
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mechanical, and chemical restraints; |
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(4) the mental and behavioral health needs of children |
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with disabilities or special needs; and |
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(5) mental health crisis intervention. |
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SECTION 5. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |