Relating to prohibiting public institutions of higher education from offering programs or courses in LGBTQ or DEI studies.
HB 2339 would prohibit Texas public institutions of higher education from offering certificate or degree programs, majors, minors, or courses in LGBTQ studies or in diversity, equity, and inclusion (DEI) studies. The bill also requires all programs and courses at public colleges and universities to comply with the bill’s stated definition of sex as strictly male and female, and it defines those terms in biological terms tied to conception.
The bill creates enforcement mechanisms through annual compliance audits by the state auditor. If an institution is found to have spent state money in violation of the bill, it would be barred from receiving state funding until it comes into compliance. It also gives students a private right of action to seek injunctive or declaratory relief if they are required to participate in a prohibited program or course. In addition, institutions would be required to discipline employees found to have violated the law, including unpaid leave for a first violation and discharge for repeat violations, and the Texas Higher Education Coordinating Board would maintain a list of affected employees that would limit future hiring by public institutions.
The bill would amend the Texas Education Code by adding a new section governing public higher education institutions and would apply beginning with the 2026-2027 academic year. It would affect universities, faculty, students, and the Texas Higher Education Coordinating Board, as well as the state auditor and state funding for higher education institutions. The bill also includes an immediate-effect clause if it receives a two-thirds vote in both chambers, otherwise it would take effect on September 1, 2025.
Because the bill was only referred to the House Higher Education Committee and no committee transcript or vote record is provided, there is no recorded floor debate or vote history in the materials. Based on the bill text, the measure appears highly contentious, as it would sharply restrict academic offerings and impose penalties on institutions and employees for programs related to LGBTQ identity and DEI, while supporters would likely frame it as protecting biological sex definitions and limiting what they view as ideological programming in public universities.
HB 2339 would add Section 51.988 to the Texas Education Code and impose new restrictions on public institutions of higher education. It would prohibit LGBTQ studies and DEI programs or courses, require compliance with the bill’s sex definitions, authorize annual state auditor compliance audits, condition state funding on compliance, create student enforcement rights, and require institutional discipline and reporting for employee violations. The bill would directly affect public colleges and universities, the Texas Higher Education Coordinating Board, the state auditor, students, faculty, and institutional funding.
No committee testimony or vote record is included, so there is no documented public sentiment in the provided materials. From the bill’s text and caption, the measure appears to be strongly ideological and likely polarizing: supporters would likely view it as a higher-education policy limiting DEI and LGBTQ programming, while opponents would likely see it as a broad ban on academic content and a threat to institutional autonomy, faculty employment, and student access to coursework.
The main points of contention are the bill’s prohibition on LGBTQ and DEI studies, its requirement that all programs conform to a strict male/female sex definition, and its enforcement provisions. Opponents would likely object to the restrictions on academic freedom, the private right of action for students, the state auditor’s annual audits, and the funding penalty that could cut off state money. Supporters would likely argue that public universities should not offer programs they view as promoting DEI or challenging biological sex categories. No specific named stakeholders or recorded committee positions are provided in the materials.