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.

89(R) HB 2391 - House Committee Report version - Bill Text

89R1592 CXP-D

By: Capriglione, McQueeney, Metcalf

H.B. No. 2391

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.