Texas 2023 - 88th Regular

Texas House Bill HB3164 Compare Versions

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1	1	88R9334 JTZ-D
2	2	By: Tepper H.B. No. 3164
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibition of diversity, equity, and inclusion
8	8	offices and employees at public institutions of higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
11	11	amended by adding Section 51.9317 to read as follows:
12	12	Sec. 51.9317. DIVERSITY, EQUITY, AND INCLUSION OFFICES AND
13	13	EMPLOYEES PROHIBITED. (a) In this section:
14	14	(1) "Diversity, equity, and inclusion office" means an
15	15	office, center, department, division, or other unit of an
16	16	institution of higher education established for the purpose of:
17	17	(A) influencing the composition of the faculty or
18	18	student body of the institution with respect to race, sex, color, or
19	19	ethnicity, other than through the use of color-blind and
20	20	sex-neutral admissions and hiring processes in accordance with any
21	21	applicable state and federal antidiscrimination laws;
22	22	(B) promoting differential treatment of or
23	23	providing special benefits to individuals on the basis of race,
24	24	color, or ethnicity;
25	25	(C) promoting policies or procedures designed or
26	26	implemented in reference to race, color, or ethnicity;
27	27	(D) conducting trainings, programs, or
28	28	activities designed or implemented in reference to race, color,
29	29	ethnicity, gender identity, or sexual orientation; or
30	30	(E) promoting a particular, widely contested
31	31	opinion regarding unconscious or implicit bias, cultural
32	32	appropriation, allyship, transgender ideology, microaggressions,
33	33	group marginalization, antiracism, systemic oppression, social
34	34	justice, intersectionality, neo-pronouns, heteronormativity,
35	35	disparate impact, gender theory, racial or sexual privilege, or
36	36	other closely related concepts.
37	37	(2) "Institution of higher education" has the meaning
38	38	assigned by Section 61.003.
39	39	(b) An institution of higher education may not establish or
40	40	maintain a diversity, equity, and inclusion office or hire or
41	41	assign an employee of the institution, or contract with a third
42	42	party, to perform the duties of a diversity, equity, and inclusion
43	43	office.
44	44	(c) Subsection (b) may not be construed to:
45	45	(1) restrict:
46	46	(A) an institution of higher education's
47	47	academic course instruction or research;
48	48	(B) the activities of student organizations
49	49	registered with or recognized by an institution of higher
50	50	education;
51	51	(C) the guest speakers or performers who may be
52	52	invited to speak or perform at an institution of higher education;
53	53	or
54	54	(D) physical or mental health services an
55	55	institution of higher education may provide to students, faculty,
56	56	or staff; or
57	57	(2) prohibit an institution of higher education from:
58	58	(A) establishing or maintaining a legal office or
59	59	other unit, hiring or assigning an employee who is an attorney, or
60	60	contracting with a third-party attorney or law firm to ensure the
61	61	institution's compliance with:
62	62	(i) Title IX of the Education Amendments of
63	63	1972 (20 U.S.C. Section 1681 et seq.);
64	64	(ii) the Americans with Disabilities Act of
65	65	1990 (42 U.S.C. Section 12101 et seq.);
66	66	(iii) the Age Discrimination in Employment
67	67	Act of 1967 (29 U.S.C. Section 621 et seq.);
68	68	(iv) Title VI of the Civil Rights Act of
69	69	1964 (42 U.S.C. Section 2000d et seq.);
70	70	(v) any applicable court order; or
71	71	(vi) other applicable state or federal law;
72	72	or
73	73	(B) establishing or maintaining:
74	74	(i) an academic department or other unit
75	75	whose primary purpose is to offer courses for credit toward a degree
76	76	or certificate program and that does not establish policy or
77	77	procedures for other departments or units; or
78	78	(ii) an office or other unit whose sole duty
79	79	is the recruitment of prospective students.
80	80	(d) Nothing in this section may be construed as prohibiting
81	81	bona fide qualifications based on sex that are reasonably necessary
82	82	to the normal operation of an institution of higher education.
83	83	(e) If an institution of higher education fails to comply
84	84	with this section, the attorney general may file suit for a writ of
85	85	mandamus compelling the institution to comply with this section.
86	86	(f) A student or faculty member of an institution of higher
87	87	education who is adversely affected by the institution's violation
88	88	of this section may bring an action against the institution for
89	89	injunctive relief, court costs, and reasonable attorney's fees.
90	90	(g) In addition to the venue provided under Section
91	91	15.002(a), Civil Practice and Remedies Code, an action under
92	92	Subsection (f) may be brought in a county contiguous to the county
93	93	in which all or a substantial part of the events or omissions giving
94	94	rise to the claim occurred.
95	95	(h) Sovereign or governmental immunity of an institution of
96	96	higher education to suit is waived and abolished to the extent of
97	97	liability created by this section.
98	98	SECTION 2. Section 51.9317, Education Code, as added by
99	99	this Act, applies beginning with the 2023-2024 academic year.
100	100	SECTION 3. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2023.