S.B. No. 17
AN ACT
relating to diversity, equity, and inclusion initiatives at public
institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) influencing hiring or employment practices at the
institution with respect to race, sex, color, or ethnicity, other
than through the use of color-blind and sex-neutral hiring
processes in accordance with any applicable state and federal
antidiscrimination laws;
(2) promoting differential treatment of or providing
special benefits to individuals on the basis of race, color, or
ethnicity;
(3) promoting policies or procedures designed or
implemented in reference to race, color, or ethnicity, other than
policies or procedures approved in writing by the institution's
general counsel and the Texas Higher Education Coordinating Board
for the sole purpose of ensuring compliance with any applicable
court order or state or federal law; or
(4) conducting trainings, programs, or activities
designed or implemented in reference to race, 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 and the Texas Higher
Education Coordinating Board for the sole purpose of ensuring
compliance with any applicable court order or state or federal law.
(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:
(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 designed or implemented in reference to race, 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 and the Texas Higher Education
Coordinating Board for the sole purpose of ensuring compliance with
any applicable court order or state or federal law; 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) Nothing in this section may be construed to limit or
prohibit an institution of higher education or an employee of an
institution of higher education from, for purposes of applying for
a grant or complying with the terms of accreditation by an
accrediting agency, submitting to the grantor or accrediting agency
a statement that:
(1) highlights the institution's work in supporting:
(A) first-generation college students;
(B) low-income students; or
(C) underserved student populations; or
(2) certifies compliance with state and federal
antidiscrimination laws.
(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 policy, practice, procedure, program, or
activity to enhance student academic achievement or postgraduate
outcomes that is designed and implemented 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.
(g) The state auditor shall periodically conduct a
compliance audit of each institution of higher education to
determine whether the institution has spent state money in
violation of this section. The state auditor shall adopt a schedule
by which the state auditor will conduct compliance audits under
this subsection. The schedule must ensure that each institution of
higher education is audited at least once every four years.
(h) If the state auditor determines pursuant to a compliance
audit conducted under Subsection (g) that an institution of higher
education has spent state money in violation of this section, the
institution:
(1) must cure the violation not later than the 180th
day after the date on which the determination is made; and
(2) if the institution fails to cure the violation
during the period described by Subdivision (1), is ineligible to
receive formula funding increases, institutional enhancements, or
exceptional items during the state fiscal biennium immediately
following the state fiscal biennium in which the determination is
made.
(i) A student or employee of an institution of higher
education who is required to participate in training in violation
of Subsection (b)(1)(E) may bring an action against the institution
for injunctive or declaratory relief.
(j) The Texas Higher Education Coordinating Board, in
coordination with institutions of higher education, shall conduct a
biennial study to identify the impact of the implementation of this
section on the application rate, acceptance rate, matriculation
rate, retention rate, grade point average, and graduation rate of
students at institutions of higher education, disaggregated by
race, sex, and ethnicity. Not later than December 1 of each
even-numbered year, the coordinating board shall submit to the
legislature a report on the results of the study and any
recommendations for legislative or other action. This subsection
expires September 1, 2029.
SECTION 2. A public institution of higher education may
provide to each employee in good standing at the institution whose
position is eliminated as a result of the implementation of Section
51.3525, Education Code, as added by this Act, a letter of
recommendation for employment for a position at the institution or
elsewhere.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act applies beginning with the spring semester of 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 January 1, 2024.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 17 passed the Senate on
April 19, 2023, by the following vote: Yeas 19, Nays 12;
May 25, 2023, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 26, 2023, House
granted request of the Senate; May 28, 2023, Senate adopted
Conference Committee Report by the following vote: Yeas 19,
Nays 12.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 17 passed the House, with
amendments, on May 22, 2023, by the following vote: Yeas 83,
Nays 62, one present not voting; May 26, 2023, House granted
request of the Senate for appointment of Conference Committee;
May 28, 2023, House adopted Conference Committee Report by the
following vote: Yeas 82, Nays 61, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor