Bill Text: TX HB2339 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to prohibiting public institutions of higher education from offering programs or courses in LGBTQ or DEI studies.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2025-03-14 - Referred to Higher Education [HB2339 Detail]
Download: Texas-2025-HB2339-Introduced.html
| By: Harrison | H.B. No. 2339 | |
|
|
||
|
|
||
| relating to prohibiting public institutions of higher education | ||
| from offering programs or courses in LGBTQ or DEI studies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.988 to read as follows: | ||
| Sec. 51.988. PROHIBITION ON LGBTQ PROGRAMS AND COURSES. | ||
| (a) In this section: | ||
| (1) "Institution of higher education" has the meaning | ||
| assigned by Section 61.003. | ||
| (2) "Coordinating board" means the Texas Higher | ||
| Education Coordinating Board. | ||
| (3) "Male" means a person belonging, at conception, to | ||
| the sex that produces the small reproductive cell. | ||
| (4) "Female" means a person belonging, at conception, | ||
| to the sex that produces the large reproductive cell. | ||
| (b) An institution of higher education may not offer a | ||
| certificate or degree program, including any major or minor, or | ||
| course in lesbian, gay, bisexual, transgender, or queer studies. | ||
| (c) All certificate or degree programs, including any major | ||
| or minor, or courses, at an institute of higher education must | ||
| comply with the biological reality that there are only two sexes, | ||
| male and female, and these sexes are not changeable. | ||
| (d) An institution of higher education may not offer a | ||
| certificate or degree program, including any major or minor, or | ||
| course, in diversity, equity, and inclusion, including but not | ||
| limited to, promoting differential treatment of individuals on the | ||
| basis of race, color, or ethnicity. | ||
| (e) The state auditor shall conduct a compliance audit of | ||
| each institution of higher education every year to determine | ||
| whether the institution has spent state money in violation of this | ||
| section. | ||
| (f) If the state auditor determines pursuant to a compliance | ||
| audit conducted under Subsection (e) that an institution of higher | ||
| education has spent money in violation of this section, the | ||
| institution may not receive state funding until the institution | ||
| complies with this section. | ||
| (g) A student of an institution of higher education who is | ||
| required to participate in a certificate or degree program, | ||
| including any major or minor, or course in violation of this section | ||
| may bring an action against the institution for injunctive or | ||
| declaratory relief. | ||
| (h) If an institution of higher education determines that an | ||
| employee of the institution has violated this section, the | ||
| institution shall: | ||
| (1) take the following action against the employee: | ||
| (A) for the first violation, place the employee | ||
| on unpaid leave for the next academic year; or | ||
| (B) for the second or a subsequent violation, | ||
| discharge the employee; and | ||
| (2) report the determination and the action taken by | ||
| the institution to the coordinating board. | ||
| (i) The coordinating board shall maintain and provide to | ||
| each institution of higher education a list of persons against whom | ||
| action has been taken under Subsection (h). | ||
| (j) An institution of higher education may not hire an | ||
| employee who is included on the coordinating board's list | ||
| maintained under Subsection (i) before: | ||
| (1) if the employee was placed on unpaid leave under | ||
| Subsection (h)(1)(A), the end of the academic year for which the | ||
| employee is placed on unpaid leave; or | ||
| (2) if the employee was discharged under Subsection | ||
| (h)(1)(B), the fifth anniversary of the date on which the employee | ||
| was discharged. | ||
| SECTION 2. This Act applies beginning with the 2026-2027 | ||
| academic year. | ||
| SECTION 3. 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. | ||
