Texas 2025 - 89th Regular

Texas Senate Bill SB2946 Compare Versions

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11 89R19910 TYPED
22 By: Hagenbuch S.B. No. 2946
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to prohibiting public institutions of higher education
1010 from offering programs or courses in DEI studies.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subchapter Z, Chapter 51, Education Code, is
1313 amended by adding Section 51.988 to read as follows:
1414 Sec. 51.988. PROHIBITION ON COURSES. (a) In this section:
1515 (1) "Institution of higher education" has the meaning
1616 assigned by Section 61.003.
1717 (2) "Coordinating board" means the Texas Higher
1818 Education Coordinating Board.
1919 (a) An institution of higher education may not offer a
2020 certificate or degree program, including any major or minor, or
2121 course, in diversity, equity, and inclusion, including but not
2222 limited to, promoting differential treatment of individuals on the
2323 basis of race, color, or ethnicity.
2424 (b) The state auditor shall conduct a compliance audit of
2525 each institution of higher education every year to determine
2626 whether the institution has spent state money in violation of this
2727 section.
2828 (c) If the state auditor determines pursuant to a compliance
2929 audit conducted under Subsection (e) that an institution of higher
3030 education has spent money in violation of this section, the
3131 institution may not receive state funding until the institution
3232 complies with this section.
3333 (d) A student of an institution of higher education who is
3434 required to participate in a certificate or degree program,
3535 including any major or minor, or course in violation of this section
3636 may bring an action against the institution for injunctive or
3737 declaratory relief.
3838 (e) If an institution of higher education determines that an
3939 employee of the institution has violated this section, the
4040 institution shall:
4141 (1) take the following action against the employee:
4242 (A) for the first violation, place the employee
4343 on unpaid leave for the next academic year; or
4444 (B) for the second or a subsequent violation,
4545 discharge the employee; and
4646 (2) report the determination and the action taken by
4747 the institution to the coordinating board.
4848 (i) The coordinating board shall maintain and provide to
4949 each institution of higher education a list of persons against whom
5050 action has been taken under Subsection (h).
5151 (j) An institution of higher education may not hire an
5252 employee who is included on the coordinating board's list
5353 maintained under Subsection (i) before:
5454 (1) if the employee was placed on unpaid leave under
5555 Subsection (h)(1)(A), the end of the academic year for which the
5656 employee is placed on unpaid leave; or
5757 (2) if the employee was discharged under Subsection
5858 (h)(1)(B), the fifth anniversary of the date on which the employee
5959 was discharged.
6060 SECTION 2. This Act applies beginning with the 2026-2027
6161 academic year.
6262 SECTION 3. This Act takes effect immediately if it receives
6363 a vote of two-thirds of all the members elected to each house, as
6464 provided by Section 39, Article III, Texas Constitution. If this
6565 Act does not receive the vote necessary for immediate effect, this
6666 Act takes effect September 1, 2025.