Harrison Bill Puts A Two-Sexes Rule On Every College Course

The text as introduced · 592 words

By: Harrison
H.B. No. 2339

A BILL TO BE ENTITLED

AN ACT

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.