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Texas HB 89 — Anti-BDS Law (2017)

  • Law: Texas House Bill 89, codified at Texas Government Code Chapter 2270
  • Passed: May 2017 (Texas Legislature); signed by Governor Greg Abbott
  • Vote: Passed the Texas House 131–0; Senate 25–5
  • Signed by: Governor Greg Abbott

What It Does​

Texas HB 89 prohibits state agencies and political subdivisions from entering into contracts with any company that is "boycotting Israel." It also directs public retirement systems and pension funds to divest from companies that boycott Israel.

Key provisions:

  • Any company with 10 or more full-time employees seeking a state contract worth $100,000 or more must certify in writing that it does not and will not boycott Israel for the duration of the contract.
  • The Texas Pension Review Board was directed to identify and report investment in companies engaged in boycotts of Israel.
  • "Boycott" is defined broadly as refusing to deal with, terminating business activities with, or taking other actions intended to limit commercial relations with Israel or persons doing business in Israel.

The Dickinson Hurricane-Aid Controversy​

In 2017, following Hurricane Harvey, the City of Dickinson, Texas included a requirement in its disaster-relief application form that applicants certify they would not boycott Israel as a condition of receiving aid. The form read: "Applicant verifies that it will not engage in any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel…"

  • The requirement applied to individual homeowners and small businesses seeking storm-damage repair funds — not just contractors.
  • The ACLU and civil liberties groups flagged it nationally as an example of how anti-BDS certification requirements extend into everyday government interactions and condition emergency assistance on a political oath.
  • Dickinson revised the form after national attention; the incident became a widely-cited illustration of the practical overreach of anti-BDS laws.

Why Critics Oppose It​

  • Government-coerced political speech — Requiring a pledge of political loyalty to a foreign country's policies as a condition of a state contract forces a political viewpoint test that the First Amendment was designed to prohibit.
  • Breadth of definition — The law's definition of "boycott" can sweep in non-commercial decisions — such as a nonprofit's choice of conference location or a journalist's editorial choices — that have no commercial character.
  • Individual application — The Dickinson example showed these laws reach individual citizens seeking government services, not just corporate vendors.
  • No comparable requirement — No Texas law requires similar certification regarding any other country's policies; critics argue this reflects discriminatory enforcement of political viewpoints.
  • Texas HB 89 has been challenged in federal court. In Bahia Amawi v. Pflugerville Independent School District (W.D. Tex. 2019), a federal district court issued a preliminary injunction blocking enforcement of the law against a speech-language pathologist who refused to sign the certification, finding it likely violated the First Amendment.
  • The 5th Circuit reversed, holding that contractors have no First Amendment right to refuse to sign certifications that regulate their commercial conduct, not their personal speech.
  • The case reflects the deeper circuit split on whether anti-BDS certifications regulate protected speech or unprotected commercial conduct.

Key Votes to Screen​

Texas legislators who voted YES on HB 89 are on record voting for government-enforced political loyalty oaths as a condition of state contracting. The bill passed the House 131–0 and Senate 25–5 — nearly unanimous — making a NO vote rare and notable in Texas.

Why This Matters for We The Citizens​

A Texas legislator who voted for HB 89 voted to make citizens' business with the state conditional on their political views about a foreign country. This is one of the clearest state-level examples of political viewpoint discrimination embedded in law.

See also: Anti-BDS State Laws Overview | State Bad Laws Overview

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