Texas 2025 - 89th Regular

Texas House Bill HB2311 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Harrison H.B. No. 2311
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to diversity, equity, and inclusion initiatives at public
9	9	institutions of higher education.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 51.3525(c)-(j), Education Code, are
12	12	amended to read as follows:
13	13	(c) Nothing in this section may be construed to limit or
14	14	prohibit an institution of higher education or an employee of an
15	15	institution of higher education from, for purposes of applying for
16	16	a grant or complying with the terms of accreditation by an
17	17	accrediting agency, submitting to the grantor or accrediting agency
18	18	a statement that:
19	19	(1) highlights the institution's work in supporting:
20	20	(A) first-generation college students;
21	21	(B) low-income students; or
22	22	(C) underserved student populations; or
23	23	(2) certifies compliance with state and federal
24	24	antidiscrimination laws.
25	25	(d) Subsection (b)(1) may not be construed to apply to:
26	26	(1) academic course instruction;
27	27	(2) scholarly research or a creative work by an
28	28	institution of higher education's students, faculty, or other
29	29	research personnel or the dissemination of that research or work;
30	30	(3) an activity of a student organization registered
31	31	with or recognized by an institution of higher education;
32	32	(4) guest speakers or performers on short-term
33	33	engagements;
34	34	(5) a policy, practice, procedure, program, or
35	35	activity to enhance student academic achievement or postgraduate
36	36	outcomes that is designed and implemented without regard to race,
37	37	sex, color, or ethnicity;
38	38	(6) data collection; or
39	39	(7) student recruitment or admissions.
40	40	(e c) An institution of higher education may not spend money
41	41	appropriated to the institution for a state fiscal year until the
42	42	governing board of the institution submits to the legislature and
43	43	the Texas Higher Education Coordinating Board a report certifying
44	44	the board's compliance with this section during the preceding state
45	45	fiscal year.
46	46	(fd) In the interim between each regular session of the
47	47	legislature, the governing board of each institution of higher
48	48	education, or the board's designee, shall testify before the
49	49	standing legislative committees with primary jurisdiction over
50	50	higher education at a public hearing of the committee regarding the
51	51	board's compliance with this section.
52	52	(ge) The state auditor shall periodically conduct a
53	53	compliance audit of each institution of higher education to
54	54	determine whether the institution has spent state money in
55	55	violation of this section. The state auditor shall adopt a schedule
56	56	by which the state auditor will conduct compliance audits under
57	57	this subsection. The schedule must ensure that each institution of
58	58	higher education is audited at least once every four years.
59	59	(hf) If the state auditor determines pursuant to a
60	60	compliance audit conducted under Subsection (ge) that an
61	61	institution of higher education has spent state money in violation
62	62	of this section, the institution:
63	63	(1) must cure the violation not later than the 180th
64	64	day after the date on which the determination is made; and
65	65	(2) if the institution fails to cure the violation
66	66	during the period described by Subdivision (1), is ineligible to
67	67	receive formula funding increases, institutional enhancements, or
68	68	exceptional items during the state fiscal biennium immediately
69	69	following the state fiscal biennium in which the determination is
70	70	made.
71	71	(Ig) A student or employee of an institution of higher
72	72	education who is required to participate in training in violation
73	73	of Subsection (b)(1)(E) may bring an action against the institution
74	74	for injunctive or declaratory relief.
75	75	(jh) The Texas Higher Education Coordinating Board, in
76	76	coordination with institutions of higher education, shall conduct a
77	77	biennial study to identify the impact of the implementation of this
78	78	section on the application rate, acceptance rate, matriculation
79	79	rate, retention rate, grade point average, and graduation rate of
80	80	students at institutions of higher education, disaggregated by
81	81	race, sex, and ethnicity. Not later than December 1 of each
82	82	even-numbered year, the coordinating board shall submit to the
83	83	legislature a report on the results of the study and any
84	84	recommendations for legislative or other action. This subsection
85	85	expires September 1, 2029.
86	86	SECTION 2. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2025.