Capitol Action

Click poster to enlarge.  ~  Links to Testimonies below

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TEXAS PROPOSED ANTISEMITISM AND HOLOCAUST BILLS 

See list of bills with links to authors's office contact:

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April 4, 2025 Note from Sheila Hemphill:

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The following colored texts are responses conveyed to Sheila Hemphill by multiply attorneys, legislative policy staff in various Texas House and Senate offices from March 19 through April 3 pertaining to:

The current state law Texas Govt Code § 448.001(2) codified in 2021, 
which defines:“Antisemitism” means a certain perception of Jews that may be expressed as hatred toward Jews."

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1.  How do you adjudicate perception of speech?  "You can't" 
 

2.  Do you have a right to express hatred? "Yes", so long as it does not fall into ​Categories of Unprotected Speech:"

a.  Incitement -  Brandenburg v. Ohio (1969)

b.  True Threats - Virginia v. Black (2003)

c.  Fighting Words - Fighting words

d.  Obscenity - Miller v. California (1973)

e.  Defamation - The First Amendment protects false speech, with very limited exceptions: see list

"Contrary to popular misconception, there is no First Amendment exception for so-called hate speech. The First Amendment fully protects speech that is unpopular or that some may find downright offensive."  Foundation for Individual Rights and Expression

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3.  Would these bills establish a selected, protect class based upon race, religion and/or nationality? "Yes"

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4.  Do these bills have the hallmark of a "Thought Crime? "Yes"

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5.  Given the 11"included but not limited to:" examples from the "Working Definition of Antisemitism" where #9 states, "classic antisemitism (e.g., claims of Jews killing Jesus ", could any scripture from the Christian Bible be considered antisemitic?  "Yes"

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"Prior to the first hearing of any antisemitic bills on March 25, 2025, I personally contacted the offices of the authors of these bills to see if they or their staff were aware that the 11 examples of antisemitism were included in state law, pointing out #9, and none were aware.

 

I was rather shocked when one of the authors told me that
'It's a done deal' and handed me a copy of Governor Abbott's March 27, 2024 executive order, GA-44.    
 

I didn't get a chance to say, that's
NOT HOW  IT WORKS IN TEXAS!"

Sheila Hemphill

 

04/01/25 Two page Antisemitism Summary

03/25/25 One page Antisemitism summary

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​A. Antisemitism and Religious Freedom Bill Hearings:
 

-  MM 00:58:26 - HB 295         Shaheen layout    Link to Submitted Comments:              Relating to including antisemitism in the definition of bullying for the purpose of school discipline policies.

-  MM 1:12:05 - Sheila Hemphill testimony    Two page Antisemitism Summary

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04/02/25 House State Affairs Committee: 

-  MM 1:11:05 - HB 2391        Capriglione layout   Link to Submitted Comments:  

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.

-  MM 1:12:05 - Sheila Hemphill testimony  Two page Antisemitism Summary

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-  MM 0:28:50 - HB 1805        Oliverson | et al. layout  Link to Submitted Comments:    Relating to the creation of the Religious Freedom Commission.

-  MM 0:58:00 - Sheila Hemphill testimony

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03/25/25 Education K-16  SB 326 King and HB 2391 Capriglione identical 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.

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See one page summary or letter delivered by Sheila Hemphll in her testimony before the Senate Education K-16 Committee on 3/25/25.

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B. Excerpt from Texas Govt Code § 448.001(2) “Antisemitism” means a certain perception of Jews that may be expressed as hatred toward Jews. The term includes rhetorical and physical acts of antisemitism directed toward Jewish or non-Jewish individuals or their property or toward Jewish community institutions and religious facilities. Examples of antisemitism are included with the International Holocaust Remembrance Alliance’s “Working Definition of Antisemitism” adopted on May 26, 2016.

Bill: HB 3257   06/16/2021 E Effective on 9/1/21

Caption Text:Relating to the creation of the Texas Holocaust, Genocide, and Antisemitism Advisory Commission.

Author:King, Phil | Goldman | Parker | Moody | Hernandez

Coauthor:Allison | Anderson | Button | Campos | Deshotel | Howard | Jetton | Johnson, Ann | Johnson, Julie | Larson | Leach | Lopez | Martinez Fischer | Meza | Middleton | Morales Shaw | Morales, Christina | Perez | Sanford | Sherman, Sr. | Thompson, Ed | Turner, John | Zwiener

 

Though not listed in state statute, the following italic text is codified in state law:

 

  "Contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere could, taking into account the overall context, include, but are not limited to:

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1. Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion.

2. Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective — such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions.

3. Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews.

4. Denying the fact, scope, mechanisms (e.g. gas chambers) or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust).

5. Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust.

6. Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations.

7. Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor.

8. Applying double standards by requiring of it a behavior not expected or demanded of any other democratic nation.

9. Using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis.

10. Drawing comparisons of contemporary Israeli policy to that of the Nazis.

11. Holding Jews collectively responsible for actions of the state of Israel.
     

Antisemitic acts are criminal when they are so defined by law (for example, denial of the Holocaust or distribution of antisemitic materials in some countries).

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Criminal acts are antisemitic when the targets of attacks, whether they are people or property – such as buildings, schools, places of worship and cemeteries – are selected because they are, or are perceived to be, Jewish or linked to Jews.

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Antisemitic discrimination is the denial to Jews of opportunities or services available to others and is illegal in many countries."

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C.  See testimonies by ​Sheila Hemphill and others - please watch comments following her testimony:

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• Bill author, Senator Phil King / SD-10 Weatherford, asking, "where are you finding that in the list of examples," about #9, ...classic antisemitism (e.g. claims  of Jews killing Jesus or blood libel).  

• Senator Paul Bettencourt / SD-7 Houston went on to read from the TX Gov Code 448.001 including definitions of the Holocaust.

• Both Senators appeared that they were not aware that the above 11 examples of antisemitism listed were codified in state law in 2021.

 

On March 19, 2025 all seven legislator offices of authors of antisemitism bills were personally contacted and shown the #9 example and all appeared to be unaware of the 11"included but not limited to" examples above were codified in state law in 2021. 

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Please listen to the four Jewish Texans, three non-Jewish Texans testify against SB 326, citing dangers of this bill to the Jewish community and how various Jewish organization oppose the definition of antisemitism as defined by the International Holocaust Remembrance Alliance.  There were comments from others that SB 326 violated our 1st Amendment Rights to free speech.  By the definition of  antisemitism, the actions of offense listed are based upon "perception" and "expressed as hatred"  and that this bill meets the definition of a "THOUGHT-POLICE" BILL.

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"In the context of George Orwell's Nineteen Eighty-Four, "thoughtcrime" refers to holding thoughts that are considered dangerous or subversive to the ruling Party, even if those thoughts are never expressed or acted upon."

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If you want to know who rules over you,

just look for who you are not allowed to criticize.”  ― Voltaire

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NOTE:  For Hearings on House bills, HB XX, move video minute marker to hour:minute:second to view testimony.

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03/12/25 Senate Health and Human Resources Commmittee: 
SB 125 Hall:  Relating to the provision of autologous and direct blood donations for medical procedures performed at hospitals.

Sheila Hemphill

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03/12/25 - Delivery of Government Efficiency

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HB 12          Bell, Keith                               
Relating to the review and audit of certain state agency operations.
MM 06:15:00 Sheila Hemphill

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HB 675         Vasut                                     
Relating to the imposition of charges by a governmental body for providing copies of public information under the public information law.

MM 06:34:40 Sheila Hemphill

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03/11/25 Senate Health and Human Resources Commmittee:

SB 379 - Middleton: Relating to prohibiting the purchase of certain food and drink items under the supplemental nutrition assistance program.

Sheila Hemphill

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3/10/25 House Public Health

HB 5 - Craddick: Relating to the creation of the Dementia Prevention and Research Institute of Texas.  $3 billion over 10 years

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MM 02:13:10 Dr. Francisco Gonzalez_Lima

MM 03:40:05 Sheila Hemphill

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2/26/25 Senate Health and Human Resources Commmittee:

SB 25 - Kokhhorst:  Relating to health and nutrition standards to promote healthy living; authorizing a civil penalty.

Sheila Hemphill

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SB 314 - Hughes: Relating to prohibiting certain food additives from being included in free or reduced-price meals provided by school districts.

Sheila Hemphill​​

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3/3/25 Senate State of Affairs:

SB 3 - Perry:  Relating to the regulation of consumable hemp products and the hemp-derived cannabinoids contained in those products; requiring a registration; imposing fees; creating criminal offenses; providing an administrative penalty.

​Sheila Hemphill    See Senator Bettencourt inquiry on intermediary testing equipment.