HB1279 - 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.

      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.