89R1592 CXP-D
 
  By: King 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 consider the definition of antisemitism provided by Section
  448.001, Government Code, including the examples referenced in that
  term, as instructive 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 consider the
  definition of antisemitism provided by Section 448.001, Government
  Code, including the examples referenced in that term, as
  instructive 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.