Bill Text: TX SB17 | 2023-2024 | 88th Legislature | Enrolled


Bill Title: Relating to diversity, equity, and inclusion initiatives at public institutions of higher education.

Spectrum: Partisan Bill (Republican 17-0)

Status: (Passed) 2023-06-17 - Effective on 1/1/24 [SB17 Detail]

Download: Texas-2023-SB17-Enrolled.html
 
 
  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
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