By: Bowers H.B. No. 3283
A BILL TO BE ENTITLED
AN ACT
relating to the mission of governing boards of public institutions
of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.352, Education Code, is amended by
adding Code, is amended by amending Subsection (a) and renumbering
as follows:
(a) It is the policy of this state that the governing boards
of institutions of higher education, being composed of lay members,
shall exercise the traditional and time-honored role for such
boards as their role has evolved in the United States and shall
constitute the keystone of the governance structure. In this
regard each governing board:
(1) is expected to preserve institutional
independence and to defend its right to manage its own affairs
through its chosen administrators and employees;
(2) shall enhance the public image of each institution
under its governance;
(3) shall interpret the community to the campus and
interpret the campus to the community;
(4) shall nurture each institution under its
governance to the end that each institution achieves its full
potential within its role and mission to ensure each and every
student has an equal, meaningful opportunity to succeed in their
academic and professional development; and
(5) shall insist on clarity of focus and mission of
each institution under its governance.
SECTION 2. Section 51.3525, Education Code, is amended by
amending Subsection (b) to read as follows:
(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 and for
the purposes of fulfilling the governing board's mission under
section 51.352(a)(4):
(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).
SECTION 3. This Act takes effect September 1, 2025.