Monitoring the Session

HB 2391

Capriglione Bill Has Schools Use The State’s Antisemitism Definition

Companion SB 326 became law

Verdict: No flags

No flagsInitial review
Rep. Giovanni CapriglioneRHouse 98

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

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.

Caption from analyzed text · version H.

Summary

Only for conduct that already breaks the code. No penalty, no added punishment.

The bill requires Texas public schools, charter schools and public colleges to use the state's existing definition of antisemitism, including its listed examples, as a guide when deciding whether a student's code-of-conduct violation was motivated by antisemitism. It touches students facing discipline for behavior that already breaks their school's code of conduct, and the school officials who decide that discipline. Starting with the 2025-2026 school year, those officials must weigh that definition whenever the behavior may reasonably be seen as antisemitic, though the bill sets no penalty and no added punishment.

Labels

Labels: ACROSS THE AISLE. Joint authors: 4 Republicans, 1 Democrat. Party as the Legislative Reference Library lists it for the 89th Legislature.

Receipt

The receipt

89R-HB2391 · 2025-02-04

SOLD BY

Rep. Giovanni CapriglioneRHouse 98 Rep. John McQueeneyRHouse 97 Rep. Will MetcalfRHouse 16

+ 2 more authors, 2 coauthors

ITEM

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.

WHAT IT DOES

Only for conduct that already breaks the code. No penalty, no added punishment.

The bill requires Texas public schools, charter schools and public colleges to use the state's existing definition of antisemitism, including its listed examples, as a guide when deciding whether a student's code-of-conduct violation was motivated by antisemitism. It touches students facing discipline for behavior that already breaks their school's code of conduct, and the school officials who decide that discipline. Starting with the 2025-2026 school year, those officials must weigh that definition whenever the behavior may reasonably be seen as antisemitic, though the bill sets no penalty and no added punishment.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · March 31, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to State Affairs
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
  8. Considered in public hearing
  9. Reported favorably w/o amendment(s)
  10. Comte report filed with Committee Coordinator
  11. Committee report distributed
  12. Committee report sent to Calendars
  13. Considered in Calendars
  14. Placed on General State Calendar
  15. Read 2nd time
  16. Postponed 4/29/25 10:00 AM
  17. Companion considered in lieu of SB 326
  18. Laid on the table subject to call
FILED UNDER

SPEECH AND LAWFARE

THE TEXT

…“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”

Bill text, House committee report version (H)

The bill ties student discipline decisions to a state definition of antisemitism and its examples, which shapes how schools judge the motive behind student conduct, including what students say.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Giovanni Capriglione

Donors

Capital One Financial Corporation Associates Political Fund$5KMurt Arnold$5,000Jason Itkin$5,000

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 31, 2024 to Oct 29, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Capital One Financial Corporation Associates Political Fund$5,000.00

Capital One Financial Corporation Associates Political Fund

$5,000.00

Cash
$5,000.00
Paid by others
$0.00
Total
$5,000.00

Also funds 1 other sitting lawmakers.

Derived recipient stock · Dec 14, 2024 to Jul 14, 2025. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Jul 14, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101030508.

Murt Arnold$5,000.00
Jason Itkin$5,000.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Capital One Financial Corporation Associates Political Fund

$5,000.00

Cash
$5,000.00
Paid by others
$0.00
Total
$5,000.00

Also funds 1 other sitting lawmakers.

Derived recipient stock · Dec 14, 2024 to Jul 14, 2025. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Jul 14, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101030508.

Votes

No floor vote loaded for this bill.

Witnesses15
For
6
Against
9
On
0
Names

For

  • Self2 registrations
  • Self; Anti-Defamation League1 registration
  • Self; Shalom Austin1 registration
  • Texas Association of School Administrators1 registration
  • Texas Association of School Boards1 registration

Against

  • Self7 registrations
  • Self; Texas Right To Know1 registration
  • Texas Civil Rights Project1 registration
Sources

15 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · March 31, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas House · Filed Feb 4, 2025

04/29/2025 H Laid on the table subject to call

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

Coauthors
Cody HarrisRHouse 8 Terri Leo WilsonRHouse 23

House committee · State Affairs · Committee vote 14 aye, 0 nay, 1 absent · Out of committee

Companion

SB 326 by King (identical)

Subjects

Education--Higher--General

Education--Primary & Secondary--Discipline

Human Relations

Religion

DISCRIMINATION

Text

The text as introduced · 336 words

89R1592 CXP-D

By: Capriglione
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.