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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on certain persons endorsing or espousing |
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terrorist activity at public institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.989 to read as follows: |
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Sec. 51.989. PROHIBITION ON CERTAIN PERSONS SUPPORTING |
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TERRORIST ACTIVITY. (a) In this section: |
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(1) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(2) "Terrorist activity" and "terrorist organization" |
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have the meanings assigned by 8 U.S.C. Section 1182. |
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(b) An institution of higher education shall adopt a policy |
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prohibiting a student enrolled at or employee of the institution |
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who holds a nonimmigrant visa from: |
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(1) publicly endorsing or espousing terrorist |
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activity related to an ongoing conflict; or |
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(2) persuading others to endorse or espouse terrorist |
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activity related to an ongoing conflict or to endorse a terrorist |
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organization. |
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(c) If an institution of higher education receives a report |
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that a student enrolled at or employee of the institution who holds |
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a nonimmigrant visa has violated the policy adopted under |
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Subsection (b), the institution shall conduct an investigation in |
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consultation with an appropriate law enforcement agency to |
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determine whether a violation occurred. |
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(d) If an institution of higher education determines by a |
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preponderance of the evidence that a student enrolled at or |
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employee of the institution who holds a nonimmigrant visa violated |
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the policy adopted under Subsection (b), the institution shall take |
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the following actions in accordance with the institution's |
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applicable student and employee disciplinary procedures: |
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(1) for the first violation, suspend the student or |
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the employee's employment for a period of at least one year; |
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(2) for the second violation, expel the student or |
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terminate the employee's employment; and |
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(3) promptly report the suspension, expulsion, or |
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termination to the United States Department of Homeland Security |
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through the Student and Exchange Visitor Information System |
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(SEVIS). |
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(e) An institution of higher education may not knowingly |
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admit to or hire at the institution a person: |
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(1) who has been suspended under Subsection (d)(1) |
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during the period of the suspension; or |
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(2) who has been expelled or whose employment was |
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terminated under Subsection (d)(2). |
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(f) The attorney general may bring an action against an |
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institution of higher education to compel the institution to comply |
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with this section. If the court determines that the institution has |
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failed to comply with this section, the court may impose on the |
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institution a fine in an amount not to exceed one percent of the |
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institution's annual budget per instance of failure to comply. |
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(g) This section may not be construed to infringe on a free |
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speech right protected by the First Amendment to the United States |
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Constitution or by Section 8, Article I, Texas Constitution. |
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SECTION 2. 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. |