HB 120 would prohibit public institutions of higher education in Texas from offering certificate or degree programs, majors, minors, or courses in LGBTQ studies or in diversity, equity, and inclusion (DEI) studies. The bill defines “male” and “female” in biological terms and requires all programs and courses at institutions of higher education to comply with the bill’s stated view that there are only two sexes and that sex is not changeable.
The bill also creates enforcement mechanisms. The Texas State Auditor would conduct annual compliance audits of each public institution of higher education to determine whether state money was spent in violation of the bill. If a violation is found, the institution would be barred from receiving state funding until it comes into compliance. Students could sue for injunctive or declaratory relief if required to participate in a prohibited program or course, and institutions would be required to discipline employees found to have violated the law, including unpaid leave for a first violation and discharge for a second or subsequent violation. The Texas Higher Education Coordinating Board would maintain a list of disciplined employees and restrict rehiring by other institutions for a set period.
The bill would amend the Texas Education Code by adding a new section to Chapter 51 and would apply beginning with the 2026-2027 academic year. It would affect public colleges and universities, their faculty and staff, students, and state funding arrangements, while also expanding the role of the State Auditor and the Coordinating Board in monitoring compliance.
Because no committee transcripts or votes were provided, there is no recorded discussion or voting history in the supplied materials to indicate formal support or opposition. Based on the bill’s text, the measure appears highly contentious because it targets academic programs focused on LGBTQ identity and DEI, imposes funding penalties and employment consequences, and creates a private right of action for students. Likely points of dispute include academic freedom, discrimination concerns, the scope of state oversight, and the bill’s definitions of sex and inclusion-related instruction.
HB 120 would add Section 51.988 to the Texas Education Code and directly regulate public institutions of higher education by banning LGBTQ studies and DEI programs and courses. It would also create annual state-audit enforcement, suspend state funding for noncompliant institutions, authorize student lawsuits for injunctive or declaratory relief, and require institutional discipline and statewide tracking of employees found to have violated the prohibition. The bill would therefore affect university curriculum, faculty employment, student access to programs, and state appropriations to higher education institutions.
No committee discussion or vote record was provided, so there is no documented legislative sentiment in the supplied materials. From the bill text alone, the measure is framed in strongly restrictive terms and would likely draw polarized reactions: support from those favoring limits on DEI and LGBTQ-related instruction, and opposition from those concerned about academic freedom, discrimination, and state interference in university governance.
The main points of contention are likely to be the ban on LGBTQ and DEI studies, the bill’s biological definitions of sex, and the enforcement structure. Opponents would likely object to the restrictions on curriculum, the threat of loss of state funding, employee discipline requirements, and the student right to sue. Supporters would likely argue that public universities should not use state funds for what the bill characterizes as ideological instruction or differential treatment based on race, color, or ethnicity. The absence of hearing or vote data means no specific lawmakers or groups are identified in the record provided.