Divisive Teaching Ban Could Reach Neutral Lessons, With Jail Time

The text as introduced · 734 words

By: Schoolcraft
H.B. No. 1279

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting teaching in Texas public elementary and

secondary schools of hateful, divisive and discriminatory

practices and beliefs that could lead to discriminatory treatment

of individuals because of such individual's race, color, ethnicity,

sex, national origin or religion and the establishment of remedies

and penalties for discriminatory treatment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. - Chapter 1, Education Code, is amended by adding

Section 1.010 to read as follows:

Sec. 1.010. Prohibited Instruction

(1) As used in this Chapter, the term "personal

identity characteristics " means the same as that term is defined in

Chapter 3, Texas Government Code.

(2) A public elementary or secondary school may not

instruct any student:

(a) that one personal identity characteristic is inherently

superior or inferior to another personal identity characteristic;

(b) that an individual, by virtue of the individual's

personal identity characteristics, is inherently privileged,

oppressed, racist, sexist, oppressive, or a victim, whether

consciously or unconsciously;

(c) that an individual should be discriminated against in

violation of Title VI, Title VII, and Title IX, receive adverse

treatment, be advanced, or receive beneficial treatment because of

the individual's personal identity characteristics;

(d) that an individual's moral character is determined by

the individual's personal identity characteristics;

(e) that an individual, by virtue of the individual's

personal identity characteristics, bears responsibility for

actions committed in the past by other individuals with the same

personal identity characteristics;

(f) that an individual should feel discomfort, guilt,

anguish, or other psychological distress solely because of the

individual's personal identity characteristics;

(g) that meritocracy is inherently racist or sexist;

(h) that socio-political structures are inherently a series

of power relationships and struggles among racial groups;

(i) values that promote resentment between, or resentment

of, individuals by virtue of their personal identity

characteristics;

(j) statements that ascribe values, morals, or ethical

codes, privileges, or beliefs to an individual because of the

individual's personal identity characteristics.

(3) The prohibition in section (2) does not prohibit

an impartial discussion or study of ideologies or beliefs that

include the prohibited behaviors as long as the institution does

not directly or indirectly attempt to encourage those behaviors or

impose those beliefs on a student.

SECTION 2. - PENALTIES FOR VIOLATION

Chapter 1, Education Code, is amended by adding Section 1.011 to

read as follows:

Sec. 1.011. PROHIBITED INSTRUCTION; OFFENSE; MANDAMUS;

INJUNCTION.

(1) A person may bring an action by mandamus or

injunction to stop, prevent, or reverse a violation or threatened

violation of Sections 1.010.

(2) The court may assess costs of litigation and

reasonable attorney fees incurred by a plaintiff or defendant who

substantially prevails in an action under Subsection (1). In

exercising its discretion, the court shall consider whether the

action was brought in good faith and whether the conduct of the

governmental employer had a reasonable basis in law.

(3) The attorney general may bring an action by

mandamus or injunction to stop, prevent, or reverse a violation or

threatened violation of Sections 1.010.

(4) (d) A suit filed by the attorney general under

this section must be filed in a district court of Travis County or

of the county in which the school district is located.

SECTION 3. - PROHIBITED INSTRUCTION; CRIMINAL PENALTY

Chapter 1, Education Code, is amended by adding Section 1.012 to

read as follows:

Sec. 1.012. PROHIBITED INSTRUCTION; OFFENSE; PENALTY.

(1) On or after January 1, 2026, a person commits an

offense if the person, on behalf of a school district:

(a) knowingly engages in, promotes or facilitates a

discriminatory practice; or

(b) knowingly requests or requires a person to produce or

provide a prohibited submission; or knowingly conducts, promotes or

facilitates a prohibited training.

(c) provides classroom instruction that is prohibited under

section 1.010.

(2) An offense under Subsection (1) is a misdemeanor

punishable by:

(a) a fine of not less than $100 or more than $500;

(b) confinement in the county jail for not less than one

month or more than six months; or

(c) both the fine and confinement.

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.