State Investments

This anti-boycott bill prohibits state investment in and state contracts with entities that engage in boycotts of Israel or companies based in Israel or territories it occupies. The bill requires the state to create a [blacklist] of corporations, non-profits, and groups engaged in prohibited boycotts. State agencies may not enter into contracts with blacklisted entities, and contractors must provide written certification that they are not on the blacklist. The state comptroller and public retirement funds are prohibited from investing in entities engaged in prohibited boycotts. Related bill: A 5847.

HR 2645 is an anti-boycott bill that prohibits the Thrift Savings Fund, a retirement fund for federal employees, from investing “in any company that boycotts Israel.” The bill defines a boycott of Israel as “actions that are politically motivated and are intended to penalize, inflict economic harm on, or otherwise limit commercial relations with Israel or companies based in Israel or territories controlled by Israel,” thereby including boycotts of illegal Israeli settlements. The bill penalizes constitutionally protected political boycotts that companies may engage in.

HB 279 is an anti-boycott bill that prohibits state contracts with and state investment in companies that boycott Israel or territories occupied by Israel. For contracts worth more than $50,000, contractors must provide written certification that they are not and will not for the duration of the contract engage in boycotts of Israel. 

HB 4674 is an anti-boycott bill that prohibits state contracts with and state investment in companies, including sole proprietorships, that boycott Israel or persons or entities doing business in Israel or territories it occupies. Contractors must provide written certification that they are not and will not for the duration of the contract engage in such boycotts. The bill also calls for the creation of a blacklist of companies that boycott Israel and requires the state treasurer and state retirement systems to divest from companies on the list. HB 4674 also prohibits public entities from adopting policies that have “the effect of inducing or requiring a person or company to boycott Israel,” in an effort to target divestment or other BDS campaigns at public universities.

This anti-boycott executive order creates a blacklist of institutions and companies that engage in political boycotts of Israel or persons doing business in Israel and prohibits state investment in blacklisted entities. Blacklisted entities can request removal from the list by providing written evidence that they are no longer engaged in prohibited boycotts. Governor Cuomo adopted the order following the failure of several legislative efforts targeting boycotts for Palestinian rights.

AB 1551 is an anti-boycott bill that prohibits the investment of state funds, including state retirement funds, in businesses and financial institutions engaged in “discriminatory business practices in furtherance of or in compliance with” politically-motivated boycotts of Israel or territories occupied by Israel. To identify entities engaged in prohibited boycotts, the bill requires the state to rely on a federal report on BDS activities, but no such report existed at the time this bill was introduced. AB 1551 absolves a financial institution or business from the bill’s investment ban if the entity’’s governing body adopts prescribed language promising not to renew, expand, or engage in prohibited practices. 

HB 793 amends Texas’ 2017 anti-boycott law (HB 89) to exclude sole proprietors, companies with fewer than 10 employees, and contracts worth less than $100,000 from the prohibition on state contracts with companies that boycott Israel or persons or entities doing business in Israel or territories it occupies. A federal court blocked enforcement of HB 89 in April 2019, finding that the law would likely violate the First Amendment. These amendments, which are designed to remove the plaintiffs challenging the law from its reach, may reduce the number of individuals affected by the law, but fail to resolve the underlying constitutional issues.  

The amended law leaves in place the written certification requirement for state contractors as well as the creation of a blacklist of companies in which state retirement plans are prohibited from investing. Related Bill: SB 491.

This anti-boycott bill prohibits state contracts with and state investment in companies, including sole proprietorships, that boycott Israel or persons or entities doing business in Israel or territories occupied by Israel. The bill requires contractors to sign a written certification that they do not and will not engage in boycotts of Israel. The bill calls for the creation of a blacklist of companies that boycott Israel and prohibits public retirement systems from investing in such companies. 

A federal court blocked enforcement of the law in April 2019, finding the plaintiffs were likely to succeed in showing that the law violates their First Amendment rights and that the state’s continued enforcement of it would cause them irreparable harm. Texas amended the law (HB 793) so it no longer applied to individuals like the plaintiffs. The amendments altered the prohibitions related to state contracts, leaving in place those related to state investments. Related bills: SB 29, SB 134.

SB 491 amends Texas’ 2017 anti-boycott law (HB 89) to exclude sole proprietors, companies with fewer than 10 employees, and contracts worth less than $100,000 from the prohibition on state contracts with companies that boycott Israel or persons or entities doing business in Israel or territories it occupies. A federal court blocked enforcement of HB 89 in April 2019, finding that the law would likely violate the First Amendment. These amendments, which are designed to remove the plaintiffs challenging the law from its reach, may reduce the number of individuals affected by the law, but fail to resolve the underlying constitutional issues. Related Bill: HB 793 (passed).

This anti-boycott bill prohibits state contracts with and state investment in companies, including sole proprietorships, that boycott Israel or persons or entities doing business in Israel or territories occupied by Israel. The bill requires contractors to sign a written certification that they do not and will not engage in boycotts of Israel. The bill calls for the creation of a blacklist of companies that boycott Israel and prohibits public retirement systems from investing in such companies. Related bills: HB 89 (passed), SB 134.