HB 4040

relating to prohibiting diversity, equity, and inclusion practices
at school districts; authorizing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter A, Chapter 11, Education Code, is
amended by adding Section 11.005 to read as follows:
Sec. 11.005.  PROHIBITION ON DIVERSITY, EQUITY, AND
INCLUSION PRACTICES.  (a)  In this section, "diversity, equity, and
(1)  influencing hiring or employment practices with
respect to race, sex, color, or ethnicity except as necessary to
comply with state or federal antidiscrimination laws;
(2)  promoting differential treatment of or providing
special benefits to individuals on the basis of race, color, or
(3)  developing or implementing policies, procedures,
or training programs that reference race, color, ethnicity, gender
identity, or sexual orientation except as necessary to comply with
(4)  compelling, requiring, inducing, or soliciting
any person to provide a diversity, equity, and inclusion statement
or giving preferential consideration to any person based on the
provision of a diversity, equity, and inclusion statement.
(b)  A school district shall promote a colorblind
meritocracy to ensure equal service and support for all students,
regardless of race, ethnicity, religion, or nationality.
(c)  A school district may not:
(1)  use state or local money to pay for, or contract
with a third party for, a department or program that uses diversity,
equity, and inclusion practices;
(2)  contract with a vendor to provide training in or
services or programs for diversity, equity, and inclusion
(3)  promote an event, meeting, or club that favors
persons of one race over persons of another race;
(4)  provide professional development training for
teachers, parents, students, or public stakeholders on diversity,
equity, and inclusion practices;
(5)  host a field trip to an event or meeting that
promotes racially exclusive rhetoric;
(6)  provide financial support to a student-led
organization, club, or association that excludes participants
(7)  give preferential treatment in disciplinary
practices or procedures to a student based on the student's race or
(8)  create or use a curriculum based on diversity,
equity, and inclusion practices;
(9)  discriminate against a person of a certain race
for actions committed by the person's ancestor;
(10)  create or promote a scholarship that favors
students of one race over students of another race; or
(11)  use restorative justice practices.
(d)  The board of trustees of a school district may not adopt
a policy or resolution that supports diversity, equity, and
(e)  A member of the board of trustees of a school district or
an employee of the district may not attend, in the person's capacity
as a member or employee, a conference that promotes or teaches
diversity, equity, and inclusion practices.
(f)  If the commissioner determines that a school district
(1)  the district may not receive state money for the
state fiscal year following the state fiscal year in which the
district violated this section; and
(2)  the agency shall assess an administrative penalty
against the district in an amount not to exceed $1,000,000.
(g)  The attorney general may bring an action for injunctive
relief against a school district or a member of the board of
trustees or employee of the district to compel the district,
member, or employee to comply with this section.
(h)  The commissioner may adopt rules as necessary to enforce
SECTION 2.  Section 37.0013(a), Education Code, is amended
(a)  Each school district and open-enrollment charter school
may develop and implement a program, in consultation with campus
behavior coordinators employed by the district or school and
representatives of a regional education service center, that
provides a disciplinary alternative for a student enrolled in a
grade level below grade three who engages in conduct described by
Section 37.005(a) and is not subject to Section 37.005(c).  The
(1)  be age-appropriate and research-based;
(2)  provide models for positive behavior;
(3)  promote a positive school environment;
(4)  provide alternative disciplinary courses of
action that do not rely on the use of in-school suspension,
out-of-school suspension, or placement in a disciplinary
alternative education program to manage student behavior; and
(5)  provide behavior management strategies,
(A)  positive behavioral intervention and
(B)  trauma-informed practices;
(C)  social and emotional learning; and
(D)  a referral for services, as necessary[; and
SECTION 3.  Section 48.115(b), Education Code, is amended to
(b)  Funds allocated under this section must be used to
improve school safety and security, including costs associated
(1)  securing school facilities in accordance with the
requirements of Section 37.351, including:
(A)  improvements to school infrastructure;
(B)  the use or installation of perimeter security
fencing conducive to a public school learning environment or
physical barriers, which may not include razor wire;
(C)  exterior door and window safety and security
upgrades, including exterior door numbering and locking systems and
security film that provides resistance to a forced entry; and
(D)  the purchase and maintenance of:
(i)  security cameras and, if the district
has already installed security cameras, other security equipment,
including video surveillance as provided by Section 29.022; and
(ii)  technology, including communications
systems or devices, such as silent panic alert devices, two-way
radios, or wireless Internet booster equipment, that facilitates
communication and information sharing between students, school
personnel, and first responders in an emergency;
(2)  providing security for the district, including:
(A)  employing school district peace officers,
private security officers, and school marshals; and
(B)  collaborating with local law enforcement
agencies, such as entering into a memorandum of understanding for
the assignment of school resource officers to schools in the
(3)  school safety and security measures, including:
(A)  active shooter and emergency response
(B)  prevention and treatment programs relating
to addressing adverse childhood experiences; and
(C)  the prevention, identification, and
management of emergencies and threats, using evidence-based,
effective prevention practices and including:
(i)  providing licensed counselors, social
workers, and chaplains[, and individuals trained in restorative
discipline and restorative justice practices];
(ii)  providing mental health personnel and
(iii)  providing behavioral health
services, including services provided by chaplains;
(iv)  establishing threat reporting
(v)  developing and implementing programs
focused on [restorative justice practices,] culturally relevant
instruction[,] and providing mental health support, including
(4)  providing programs related to suicide prevention,
intervention, and postvention, including programs provided by
(5)  employing a school safety director and other
personnel to manage and monitor school safety initiatives and the
implementation of school safety requirements for the district.
SECTION 4.  Section 1701.262(c), Occupations Code, is
(c)  The curriculum developed under this section must
incorporate learning objectives regarding:
(1)  child and adolescent development and psychology;
(2)  positive behavioral interventions and supports
and[,] conflict resolution techniques[, and restorative justice
(3)  de-escalation techniques and techniques for
limiting the use of force, including the use of physical,
mechanical, and chemical restraints;
(4)  the mental and behavioral health needs of children
with disabilities or special needs; and
(5)  mental health crisis intervention.
SECTION 5.  This Act applies beginning with the 2025-2026
SECTION 6.  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.