Texas 2023 - 88th Regular

Texas Senate Bill SB17 Compare Versions

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1	1	S.B. No. 17
2	2
3	3
4	4	AN ACT
5	5	relating to diversity, equity, and inclusion initiatives at public
6	6	institutions of higher education.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter G, Chapter 51, Education Code, is
9	9	amended by adding Section 51.3525 to read as follows:
10	10	Sec. 51.3525. RESPONSIBILITY OF GOVERNING BOARDS REGARDING
11	11	DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. (a) In this
12	12	section, "diversity, equity, and inclusion office" means an office,
13	13	division, or other unit of an institution of higher education
14	14	established for the purpose of:
15	15	(1) influencing hiring or employment practices at the
16	16	institution with respect to race, sex, color, or ethnicity, other
17	17	than through the use of color-blind and sex-neutral hiring
18	18	processes in accordance with any applicable state and federal
19	19	antidiscrimination laws;
20	20	(2) promoting differential treatment of or providing
21	21	special benefits to individuals on the basis of race, color, or
22	22	ethnicity;
23	23	(3) promoting policies or procedures designed or
24	24	implemented in reference to race, color, or ethnicity, other than
25	25	policies or procedures approved in writing by the institution's
26	26	general counsel and the Texas Higher Education Coordinating Board
27	27	for the sole purpose of ensuring compliance with any applicable
28	28	court order or state or federal law; or
29	29	(4) conducting trainings, programs, or activities
30	30	designed or implemented in reference to race, color, ethnicity,
31	31	gender identity, or sexual orientation, other than trainings,
32	32	programs, or activities developed by an attorney and approved in
33	33	writing by the institution's general counsel and the Texas Higher
34	34	Education Coordinating Board for the sole purpose of ensuring
35	35	compliance with any applicable court order or state or federal law.
36	36	(b) The governing board of an institution of higher
37	37	education shall ensure that each unit of the institution:
38	38	(1) does not, except as required by federal law:
39	39	(A) establish or maintain a diversity, equity,
40	40	and inclusion office;
41	41	(B) hire or assign an employee of the institution
42	42	or contract with a third party to perform the duties of a diversity,
43	43	equity, and inclusion office;
44	44	(C) compel, require, induce, or solicit any
45	45	person to provide a diversity, equity, and inclusion statement or
46	46	give preferential consideration to any person based on the
47	47	provision of a diversity, equity, and inclusion statement;
48	48	(D) give preference on the basis of race, sex,
49	49	color, ethnicity, or national origin to an applicant for
50	50	employment, an employee, or a participant in any function of the
51	51	institution; or
52	52	(E) require as a condition of enrolling at the
53	53	institution or performing any institution function any person to
54	54	participate in diversity, equity, and inclusion training, which:
55	55	(i) includes a training, program, or
56	56	activity designed or implemented in reference to race, color,
57	57	ethnicity, gender identity, or sexual orientation; and
58	58	(ii) does not include a training, program,
59	59	or activity developed by an attorney and approved in writing by the
60	60	institution's general counsel and the Texas Higher Education
61	61	Coordinating Board for the sole purpose of ensuring compliance with
62	62	any applicable court order or state or federal law; and
63	63	(2) adopts policies and procedures for appropriately
64	64	disciplining, including by termination, an employee or contractor
65	65	of the institution who engages in conduct in violation of
66	66	Subdivision (1).
67	67	(c) Nothing in this section may be construed to limit or
68	68	prohibit an institution of higher education or an employee of an
69	69	institution of higher education from, for purposes of applying for
70	70	a grant or complying with the terms of accreditation by an
71	71	accrediting agency, submitting to the grantor or accrediting agency
72	72	a statement that:
73	73	(1) highlights the institution's work in supporting:
74	74	(A) first-generation college students;
75	75	(B) low-income students; or
76	76	(C) underserved student populations; or
77	77	(2) certifies compliance with state and federal
78	78	antidiscrimination laws.
79	79	(d) Subsection (b)(1) may not be construed to apply to:
80	80	(1) academic course instruction;
81	81	(2) scholarly research or a creative work by an
82	82	institution of higher education's students, faculty, or other
83	83	research personnel or the dissemination of that research or work;
84	84	(3) an activity of a student organization registered
85	85	with or recognized by an institution of higher education;
86	86	(4) guest speakers or performers on short-term
87	87	engagements;
88	88	(5) a policy, practice, procedure, program, or
89	89	activity to enhance student academic achievement or postgraduate
90	90	outcomes that is designed and implemented without regard to race,
91	91	sex, color, or ethnicity;
92	92	(6) data collection; or
93	93	(7) student recruitment or admissions.
94	94	(e) An institution of higher education may not spend money
95	95	appropriated to the institution for a state fiscal year until the
96	96	governing board of the institution submits to the legislature and
97	97	the Texas Higher Education Coordinating Board a report certifying
98	98	the board's compliance with this section during the preceding state
99	99	fiscal year.
100	100	(f) In the interim between each regular session of the
101	101	legislature, the governing board of each institution of higher
102	102	education, or the board's designee, shall testify before the
103	103	standing legislative committees with primary jurisdiction over
104	104	higher education at a public hearing of the committee regarding the
105	105	board's compliance with this section.
106	106	(g) The state auditor shall periodically conduct a
107	107	compliance audit of each institution of higher education to
108	108	determine whether the institution has spent state money in
109	109	violation of this section. The state auditor shall adopt a schedule
110	110	by which the state auditor will conduct compliance audits under
111	111	this subsection. The schedule must ensure that each institution of
112	112	higher education is audited at least once every four years.
113	113	(h) If the state auditor determines pursuant to a compliance
114	114	audit conducted under Subsection (g) that an institution of higher
115	115	education has spent state money in violation of this section, the
116	116	institution:
117	117	(1) must cure the violation not later than the 180th
118	118	day after the date on which the determination is made; and
119	119	(2) if the institution fails to cure the violation
120	120	during the period described by Subdivision (1), is ineligible to
121	121	receive formula funding increases, institutional enhancements, or
122	122	exceptional items during the state fiscal biennium immediately
123	123	following the state fiscal biennium in which the determination is
124	124	made.
125	125	(i) A student or employee of an institution of higher
126	126	education who is required to participate in training in violation
127	127	of Subsection (b)(1)(E) may bring an action against the institution
128	128	for injunctive or declaratory relief.
129	129	(j) The Texas Higher Education Coordinating Board, in
130	130	coordination with institutions of higher education, shall conduct a
131	131	biennial study to identify the impact of the implementation of this
132	132	section on the application rate, acceptance rate, matriculation
133	133	rate, retention rate, grade point average, and graduation rate of
134	134	students at institutions of higher education, disaggregated by
135	135	race, sex, and ethnicity. Not later than December 1 of each
136	136	even-numbered year, the coordinating board shall submit to the
137	137	legislature a report on the results of the study and any
138	138	recommendations for legislative or other action. This subsection
139	139	expires September 1, 2029.
140	140	SECTION 2. A public institution of higher education may
141	141	provide to each employee in good standing at the institution whose
142	142	position is eliminated as a result of the implementation of Section
143	143	51.3525, Education Code, as added by this Act, a letter of
144	144	recommendation for employment for a position at the institution or
145	145	elsewhere.
146	146	SECTION 3. (a) Except as provided by Subsection (b) of this
147	147	section, this Act applies beginning with the spring semester of the
148	148	2023-2024 academic year.
149	149	(b) Section 51.3525(e), Education Code, as added by this
150	150	Act, applies beginning with money appropriated to a public
151	151	institution of higher education for the state fiscal year beginning
152	152	September 1, 2024.
153	153	SECTION 4. This Act takes effect immediately if it receives
154	154	a vote of two-thirds of all the members elected to each house, as
155	155	provided by Section 39, Article III, Texas Constitution. If this
156	156	Act does not receive the vote necessary for immediate effect, this
157	157	Act takes effect January 1, 2024.
158	158	______________________________ ______________________________
159	159	President of the Senate Speaker of the House
160	160	I hereby certify that S.B. No. 17 passed the Senate on
161	161	April 19, 2023, by the following vote: Yeas 19, Nays 12;
162	162	May 25, 2023, Senate refused to concur in House amendments and
163	163	requested appointment of Conference Committee; May 26, 2023, House
164	164	granted request of the Senate; May 28, 2023, Senate adopted
165	165	Conference Committee Report by the following vote: Yeas 19,
166	166	Nays 12.
167	167	______________________________
168	168	Secretary of the Senate
169	169	I hereby certify that S.B. No. 17 passed the House, with
170	170	amendments, on May 22, 2023, by the following vote: Yeas 83,
171	171	Nays 62, one present not voting; May 26, 2023, House granted
172	172	request of the Senate for appointment of Conference Committee;
173	173	May 28, 2023, House adopted Conference Committee Report by the
174	174	following vote: Yeas 82, Nays 61, one present not voting.
175	175	______________________________
176	176	Chief Clerk of the House
177	177	Approved:
178	178	______________________________
179	179	Date
180	180	______________________________
181	181	Governor