88R29956 KJE-F
By: Creighton, et al. S.B. No. 17
(Kuempel, Shaheen, Bonnen)
Substitute the following for S.B. No. 17: No.
A BILL TO BE ENTITLED
AN ACT
relating to the purpose of public institutions of higher education
and the powers and duties of the governing boards of those
institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Education Code, is amended
by adding Chapter 50 to read as follows:
CHAPTER 50. HIGHER EDUCATION PURPOSE
Sec. 50.001. HIGHER EDUCATION PURPOSE. A public
institution of higher education must be committed to creating an
environment of:
(1) intellectual inquiry and academic freedom so that
all students are equipped for participation in the workforce and
the betterment of society; and
(2) intellectual diversity so that all students are
respected and educated regardless of race, sex, or ethnicity or
social, political, or religious background or belief.
SECTION 2. Subchapter G, Chapter 51, Education Code, is
amended by adding Section 51.3525 to read as follows:
Sec. 51.3525. RESPONSIBILITY OF GOVERNING BOARDS REGARDING
DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. (a) In this
section, "diversity, equity, and inclusion office" means an office,
division, or other unit of an institution of higher education
established for the purpose of:
(1) engaging in hiring or employment practices at the
institution that give preferential treatment on the basis of race,
sex, color, or ethnicity, other than through the use of
nondiscriminatory hiring processes in accordance with any
applicable state and federal antidiscrimination laws;
(2) providing differential treatment to individuals
on the basis of race, sex, color, or ethnicity;
(3) implementing policies or procedures that give
preferential treatment on the basis of race, sex, color, or
ethnicity, other than policies or procedures approved in writing by
the institution's general counsel for the purpose of ensuring
compliance with any applicable court order or state or federal law
in accordance with institutional policy; or
(4) conducting trainings, programs, or activities
that advocate for or give preferential treatment on the basis of
race, sex, color, ethnicity, gender identity, or sexual
orientation, other than trainings, programs, or activities
developed by an attorney and approved in writing by the
institution's general counsel for the purpose of ensuring
compliance with any applicable court order or state or federal law
in accordance with institutional policy.
(b) The governing board of an institution of higher
education shall ensure that each unit of the institution:
(1) does not, except as required by federal law or as
provided by Subsection (c):
(A) establish or maintain a diversity, equity,
and inclusion office;
(B) hire or assign an employee of the institution
or contract with a third party to perform the duties of a diversity,
equity, and inclusion office;
(C) compel, require, induce, or solicit any
person to provide a diversity, equity, and inclusion statement or
give preferential consideration to any person based on the
provision of a diversity, equity, and inclusion statement;
(D) give preference on the basis of race, sex,
color, ethnicity, or national origin to an applicant for
employment, an employee, or a participant in any function of the
institution; or
(E) require as a condition of enrolling at the
institution or performing any institution function any person to
participate in diversity, equity, and inclusion training, which:
(i) includes a training, program, or
activity that advocates for or gives preferential treatment on the
basis of race, sex, color, ethnicity, gender identity, or sexual
orientation; and
(ii) does not include a training, program,
or activity developed by an attorney and approved in writing by the
institution's general counsel for the purpose of ensuring
compliance with any applicable court order or state or federal law
in accordance with institutional policy; and
(2) adopts policies and procedures for appropriately
disciplining, including by termination, an employee or contractor
of the institution who engages in conduct in violation of
Subdivision (1).
(c) The governing board of an institution of higher
education may approve the institution's implementation of a program
described by Subsection (b)(1) if the governing board determines
that the program:
(1) otherwise complies with applicable state and
federal law; and
(2) is necessary for the institution to comply with:
(A) the terms of a grant awarded by or contract
with the federal government, a private entity, or a nonprofit
organization; or
(B) the standards or requirements of the
institution's accrediting agency.
(d) Subsection (b)(1) may not be construed to apply to:
(1) academic course instruction;
(2) scholarly research or a creative work by an
institution of higher education's students, faculty, or other
research personnel or the dissemination of that research or work;
(3) an activity of a student organization registered
with or recognized by an institution of higher education;
(4) guest speakers or performers on short-term
engagements;
(5) a program or activity to enhance student academic
achievement or postgraduate outcomes that allows participation
without regard to race, sex, color, or ethnicity;
(6) data collection; or
(7) student recruitment or admissions.
(e) An institution of higher education may not spend money
appropriated to the institution for a state fiscal year until the
governing board of the institution submits to the legislature and
the Texas Higher Education Coordinating Board a report certifying
the board's compliance with this section during the preceding state
fiscal year.
(f) In the interim between each regular session of the
legislature, the governing board of each institution of higher
education, or the board's designee, shall testify before the
standing legislative committees with primary jurisdiction over
higher education at a public hearing of the committee regarding the
board's compliance with this section.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act applies beginning with the 2023-2024 academic
year.
(b) Section 51.3525(e), Education Code, as added by this
Act, applies beginning with money appropriated to a public
institution of higher education for the state fiscal year beginning
September 1, 2024.
SECTION 4. 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, 2023.