SB2233 - Relating to a prohibition on certain persons endorsing or espousing terrorist activity at public institutions of higher education.

      By: Hinojosa of Nueces S.B. No. 2233     A BILL TO BE ENTITLED   AN ACT   relating to a prohibition on certain persons endorsing or espousing   terrorist activity at public institutions of higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.989 to read as follows:           Sec.   51.989.     PROHIBITION ON CERTAIN PERSONS SUPPORTING   TERRORIST ACTIVITY. (a)   In this section:                 (1)     "Institution of higher education" has the meaning   assigned by Section 61.003.                 (2)     "Terrorist activity" and "terrorist organization"   have the meanings assigned by 8 U.S.C. Section 1182.           (b)     An institution of higher education shall adopt a policy   prohibiting a student enrolled at or employee of the institution   who holds a nonimmigrant visa from:                 (1)     publicly endorsing or espousing terrorist   activity related to an ongoing conflict; or                 (2)     persuading others to endorse or espouse terrorist   activity related to an ongoing conflict or to endorse a terrorist   organization.           (c)     If an institution of higher education receives a report   that a student enrolled at or employee of the institution who holds   a nonimmigrant visa has violated the policy adopted under   Subsection (b), the institution shall conduct an investigation in   consultation with an appropriate law enforcement agency to   determine whether a violation occurred.           (d)     If an institution of higher education determines by a   preponderance of the evidence that a student enrolled at or   employee of the institution who holds a nonimmigrant visa violated   the policy adopted under Subsection (b), the institution shall take   the following actions in accordance with the institution's   applicable student and employee disciplinary procedures:                 (1)     for the first violation, suspend the student or   the employee's employment for a period of at least one year;                   (2)     for the second violation, expel the student or   terminate the employee's employment; and                 (3)     promptly report the suspension, expulsion, or   termination to the United States Department of Homeland Security   through the Student and Exchange Visitor Information System   (SEVIS).           (e)     An institution of higher education may not knowingly   admit to or hire at the institution a person:                 (1)     who has been suspended under Subsection (d)(1)   during the period of the suspension; or                 (2)     who has been expelled or whose employment was   terminated under Subsection (d)(2).           (f)     The attorney general may bring an action against an   institution of higher education to compel the institution to comply   with this section.   If the court determines that the institution has   failed to comply with this section, the court may impose on the   institution a fine in an amount not to exceed one percent of the   institution's annual budget per instance of failure to comply.           (g)     This section may not be construed to infringe on a free   speech right protected by the First Amendment to the United States   Constitution or by Section 8, Article I, Texas Constitution.          SECTION 2.  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.