S.B. No. 326         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 use the definition of antisemitism provided by Section   448.001, Government Code, including the examples referenced in that   term, 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 use the   definition of antisemitism provided by Section 448.001, Government   Code, including the examples referenced in that term, in   determining whether the student's behavior was motivated by   antisemitism.          SECTION 3.  It is the intent of the legislature that this   legislation not be used to punish speech protected by the First   Amendment to the United States Constitution or Section 8, Article   I, Texas Constitution, that is engaged in by a student enrolled at a   school district, open-enrollment charter school, or public   institution of higher education unless the speech is accompanied by   actions that violate the district's, school's, or institution's   student code of conduct.          SECTION 4.  (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 5.  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.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 326 passed the Senate on   April 14, 2025, by the following vote: Yeas 29, Nays 2; and that   the Senate concurred in House amendment on May 7, 2025, by the   following vote: Yeas 29, Nays 2.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 326 passed the House, with   amendment, on April 30, 2025, by the following vote: Yeas 129,   Nays 8, four present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor