By: Harrison H.B. No. 2311
A BILL TO BE ENTITLED
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. Sections 51.3525(c)-(j), Education Code, are
amended to read as follows:
(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 c) 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.
(fd) 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.
(ge) 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.
(hf) If the state auditor determines pursuant to a
compliance audit conducted under Subsection (ge) 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.
(Ig) 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.
(jh) 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. 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, 2025.