Bill Text: TX HB2595 | 2025-2026 | 89th Legislature | Introduced

---

Bill Title: Relating to prohibiting certain dealings with foreign adversaries by public schools and public institutions of higher education; providing civil penalties; creating criminal offenses.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2025-03-17 - Referred to Homeland Security, Public Safety & Veterans' Affairs [HB2595 Detail]

Download: Texas-2025-HB2595-Introduced.html

---

89R10651 CXP-F
By: Cain H.B. No. 2595

A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain dealings with foreign adversaries
by public schools and public institutions of higher education;
providing civil penalties; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.1561 to read as follows:
Sec. 11.1561. PROHIBITIONS ON CERTAIN DEALINGS WITH FOREIGN
ADVERSARIES; OFFENSE. (a) In this section:
(1) "Contract" includes:
(A) an agreement involving the exchange of
faculty, staff, or students through any form of collaboration,
including a research partnership, joint academic program, faculty
or staff exchange, study abroad program, or student exchange
program; and
(B) an arrangement involving the transfer or
sharing of intellectual property or proprietary information.
(2) "Foreign adversary" means:
(A) the People's Republic of China, including the
Hong Kong and Macau special administrative regions but not
including Taiwan;
(B) the Islamic Republic of Iran;
(C) the Democratic People's Republic of Korea;
(D) the Russian Federation; or
(E) an agent, instrumentality, or entity owned,
operated, or directed by a country described by Paragraph (A), (B),
(C), or (D).
(b) Notwithstanding any other law:
(1) a school district may not:
(A) enter into a contract with a foreign
adversary for the adversary to directly or indirectly operate,
direct, or organize any academic program, including through the
selection of teachers or educational resources;
(B) use in any medium an educational material
produced or sold by a foreign adversary, unless the material has
been reviewed and approved by the agency; or
(C) carry an insurance policy that covers a
violation of this section; and
(2) a school district employee may not provide
material support for an academic or nonacademic program operated by
a foreign adversary.
(c) The agency shall make available to the public on the
agency's Internet website each educational material produced or
sold by a foreign adversary that the agency has reviewed and
approved under Subsection (b)(1)(B). If a technical or legal
constraint prevents publication of an educational material on the
agency's Internet website, the agency shall make a copy of the
material available for inspection at a reasonable time on request.
(d) This section, except Subsection (b)(1)(B), does not
apply to a noninstructional sports, games, music, or fine arts
competition.
(e) A school district that violates this section is liable
to this state for a civil penalty in the amount of $50,000 for each
violation.
(f) The attorney general may sue to collect the civil
penalty under Subsection (e). A suit under this subsection may be
filed in a district court in Travis County.
(g) A person commits an offense if the person knowingly
violates this section. An offense under this subsection is a felony
of the first degree.
(h) Sovereign, governmental, or official immunity, as
applicable, and any qualified immunity are waived and abolished to
the extent of liability created by this section.
SECTION 2. Section 12.013(b), Education Code, is amended to
read as follows:
(b) A home-rule school district is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) a provision of this title relating to limitations
on liability; and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) educator certification under Chapter 21 and
educator rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records under Subchapter C,
Chapter 22;
(D) student admissions under Section 25.001;
(E) school attendance under Sections 25.085,
25.086, and 25.087;
(F) inter-district or inter-county transfers of
students under Subchapter B, Chapter 25;
(G) elementary class size limits under Section
25.112, in the case of any campus in the district that fails to
satisfy any standard under Section 39.054(e);
(H) high school graduation under Section 28.025;
(I) special education programs under Subchapter
A, Chapter 29;
(J) bilingual education under Subchapter B,
Chapter 29;
(K) prekindergarten programs under Subchapter E,
Chapter 29;
(L) safety provisions relating to the
transportation of students under Sections 34.002, 34.003, 34.004,
and 34.008;
(M) computation and distribution of state aid
under Chapters 31, 43, and 48;
(N) extracurricular activities under Section
33.081;
(O) health and safety under Chapter 38;
(P) the provisions of Subchapter A, Chapter 39;
(Q) public school accountability and special
investigations under Subchapters A, B, C, D, and J, Chapter 39, and
Chapter 39A;
(R) options for local revenue levels in excess of
entitlement under Chapter 49;
(S) a bond or other obligation or tax rate under
Chapters 43, 45, and 48;
(T) purchasing under Chapter 44; [and]
(U) parental options to retain a student under
Section 28.02124; and
(V) certain dealings with foreign adversaries
under Section 11.1561.
SECTION 3. Section 12.056(b), Education Code, is amended to
read as follows:
(b) A campus or program for which a charter is granted under
this subchapter is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) high school graduation under Section 28.025;
(D) special education programs under Subchapter
A, Chapter 29;
(E) bilingual education under Subchapter B,
Chapter 29;
(F) prekindergarten programs under Subchapter E,
Chapter 29, except class size limits for prekindergarten classes
imposed under Section 25.112, which do not apply;
(G) extracurricular activities under Section
33.081;
(H) health and safety under Chapter 38;
(I) the provisions of Subchapter A, Chapter 39;
(J) public school accountability and special
investigations under Subchapters A, B, C, D, F, and J, Chapter 39,
and Chapter 39A;
(K) the duty to discharge or refuse to hire
certain employees or applicants for employment under Section
12.1059; [and]
(L) parental options to retain a student under
Section 28.02124; and
(M) certain dealings with foreign adversaries
under Section 11.1561.
SECTION 4. Section 12.104(b), Education Code, is amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 21.006 to
report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
37.2071 and Subchapter J, Chapter 37;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; [and]
(Y) parental options to retain a student under
Section 28.02124; and
(Z) certain dealings with foreign adversaries
under Section 11.1561.
SECTION 5. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.985 to read as follows:
Sec. 51.985. PROHIBITIONS ON CERTAIN DEALINGS WITH FOREIGN
ADVERSARIES; OFFENSE. (a) In this section:
(1) "Board" and "institution of higher education" have
the meanings assigned by Section 61.003.
(2) "Contract" and "foreign adversary" have the
meanings assigned by Section 11.1561.
(b) Notwithstanding any other law:
(1) an institution of higher education may not:
(A) enter into a contract with a foreign
adversary for the adversary to directly or indirectly operate,
direct, or organize any academic program, including through the
selection of faculty members or educational resources;
(B) use in any medium an educational material
produced or sold by a foreign adversary, unless the material has
been reviewed and approved by the board; or
(C) carry an insurance policy that covers a
violation of this section; and
(2) an employee of an institution of higher education
may not provide material support for an academic or nonacademic
program operated by a foreign adversary.
(c) The board shall make available to the public on the
board's Internet website each educational material produced or sold
by a foreign adversary that the board has reviewed and approved
under Subsection (b)(1)(B). If a technical or legal constraint
prevents publication of an educational material on the board's
Internet website, the board shall make a copy of the material
available for inspection at a reasonable time on request.
(d) This section, except Subsection (b)(1)(B), does not
apply to a noninstructional sports, games, music, or fine arts
competition.
(e) An institution of higher education that violates this
section is liable to this state for a civil penalty in the amount of
$50,000 for each violation.
(f) The attorney general may sue to collect the civil
penalty under Subsection (e). A suit under this subsection may be
filed in a district court in Travis County.
(g) A person commits an offense if the person knowingly
violates this section. An offense under this subsection is a felony
of the first degree.
(h) Sovereign, governmental, or official immunity, as
applicable, and any qualified immunity are waived and abolished to
the extent of liability created by this section.
SECTION 6. Sections 11.1561 and 51.985, Education Code, as
added by this Act, apply only to a contract entered into on or after
the effective date of this Act. A contract entered into before that
date is governed by the law in effect on the date the contract was
entered into, and the former law is continued in effect for that
purpose.
SECTION 7. This Act takes effect September 1, 2025.