Bill Text: TX SB17 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
By: Creighton, et al. | S.B. No. 17 |
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relating to the powers and duties of the governing boards of public | ||
institutions of higher education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.352(d), Education Code, is amended to | ||
read as follows: | ||
(d) In addition to powers and duties specifically granted by | ||
this code or other law, each governing board shall: | ||
(1) establish, for each institution under its control | ||
and management, goals consistent with the role and mission of the | ||
institution; | ||
(2) appoint the chancellor or other chief executive | ||
officer of the system, if the board governs a university system; | ||
(3) appoint the president or other chief executive | ||
officer of each institution under the board's control and | ||
management and evaluate the chief executive officer of each | ||
component institution and assist the officer in the achievement of | ||
performance goals; | ||
(4) ensure that a majority of the members of a search | ||
committee for the position of president or other chief executive | ||
officer of an institution under the board's control and management | ||
are members of the board; | ||
(5) set campus admission standards consistent with the | ||
role and mission of the institution and considering the admission | ||
standards of similar institutions nationwide having a similar role | ||
and mission, as determined by the coordinating board; and | ||
(6) [ |
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of importance to the institutions under its governance is made | ||
clear to the coordinating board when such matters are under | ||
consideration by the coordinating board. | ||
SECTION 2. 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 office of the attorney general 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 office of the | ||
attorney general 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 office of the attorney | ||
general for the sole purpose of ensuring compliance with any | ||
applicable court order or state or federal law; and | ||
(2) adopts policies and procedures for disciplining an | ||
employee or contractor of the institution who engages in conduct in | ||
violation of Subdivision (1), including by termination, as | ||
appropriate. | ||
(b-1) An accrediting agency may not take or threaten to take | ||
adverse action against an institution of higher education based on | ||
the institution's compliance with this section. If an accrediting | ||
agency takes or threatens to take adverse action against an | ||
institution of higher education in violation of this subsection, | ||
the attorney general, the institution, or an employee of the | ||
institution may bring an action for declaratory or injunctive | ||
relief against the agency. | ||
(b-2) 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, | ||
color, ethnicity or sex; | ||
(6) data collection; or | ||
(7) student admissions. | ||
(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 Subsection (b) during the preceding | ||
state fiscal year. | ||
(c-1) 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 Subsection (b). | ||
(d) 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. | ||
(e) If the state auditor determines pursuant to a compliance | ||
audit conducted under Subsection (d) that an institution of higher | ||
education has spent state money in violation of this section, the | ||
institution is ineligible to receive state funds for the state | ||
fiscal year immediately following the state fiscal year in which | ||
the determination is made, other than state funds appropriated to | ||
pay debt service on bonds or notes previously authorized for the | ||
institution. | ||
(f) 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. | ||
SECTION 3. (a) Except as provided by Subsection (b) of this | ||
section, this Act applies beginning with the 2023-2024 academic | ||
year. | ||
(b) Section 51.3525(c), 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. If any provision of this Act or its application | ||
to any person or circumstance is held invalid, the invalidity does | ||
not affect other provisions or applications of this Act that can be | ||
given effect without the invalid provision or application, and to | ||
this end the provisions of this Act are declared to be severable. | ||
SECTION 5. 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, 2023. |