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AN ACT
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relating to the procedure for determining whether a student's |
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violation of a public school's or public institution of higher |
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education's student code of conduct was motivated by antisemitism. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.0095 to read as follows: |
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Sec. 37.0095. ANTISEMITISM: DISCIPLINARY ACTION. In |
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taking disciplinary action against a student for behavior that |
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violates the student code of conduct adopted under Section 37.001 |
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and that may reasonably be determined to have been motivated by |
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antisemitism, a school district or open-enrollment charter school |
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shall use the definition of antisemitism provided by Section |
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448.001, Government Code, including the examples referenced in that |
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term, in determining whether the student's behavior was motivated |
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by antisemitism. |
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SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9791 to read as follows: |
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Sec. 51.9791. ANTISEMITISM: DISCIPLINARY ACTION. (a) In |
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this section, "institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(b) In taking disciplinary action against a student for |
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behavior that violates the institution's student code of conduct |
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and that may reasonably be determined to have been motivated by |
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antisemitism, an institution of higher education shall use the |
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definition of antisemitism provided by Section 448.001, Government |
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Code, including the examples referenced in that term, in |
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determining whether the student's behavior was motivated by |
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antisemitism. |
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SECTION 3. It is the intent of the legislature that this |
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legislation not be used to punish speech protected by the First |
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Amendment to the United States Constitution or Section 8, Article |
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I, Texas Constitution, that is engaged in by a student enrolled at a |
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school district, open-enrollment charter school, or public |
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institution of higher education unless the speech is accompanied by |
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actions that violate the district's, school's, or institution's |
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student code of conduct. |
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SECTION 4. (a) Section 37.0095, Education Code, as added by |
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this Act, applies beginning with the 2025-2026 school year. |
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(b) Section 51.9791, Education Code, as added by this Act, |
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applies beginning with the 2025-2026 academic year. |
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SECTION 5. 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 326 passed the Senate on |
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April 14, 2025, by the following vote: Yeas 29, Nays 2; and that |
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the Senate concurred in House amendment on May 7, 2025, by the |
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following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 326 passed the House, with |
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amendment, on April 30, 2025, by the following vote: Yeas 129, |
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Nays 8, four present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |