Bill Summary – FastDemocracy

      
            S.B. No. 17
         
      Statutes affected: 
Introduced: Education Code 51.352, Education Code 51.942 (Education Code 51)
Senate Committee Report: Education Code 51.352 (Education Code 51)
Engrossed: Education Code 51.352 (Education Code 51)
House Committee Report:  (Education Code 51)
Enrolled:  (Education Code 51)

               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;




	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;