By: Creighton, et al. S.B. No. 17               A BILL TO BE ENTITLED   AN ACT   relating to public higher education reform; authorizing   administrative penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 51.352, Education Code, is amended by   amending Subsection (d) and adding Subsection (g) 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)  restrict the membership of a search committee for   the position of president or other chief executive officer of an   institution under the board's control and management to members of   the governing board;                (5)  approve or deny the hiring of a person for the   position of vice president, provost, associate or assistant   provost, dean, or associate or assistant dean or a similar position   by each institution under the board's control and management;                (6)  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;                (7)  approve or deny each course in the core   curriculum, as that term is defined by Section 61.821, at each   institution under the board's control and management;                (8)  approve or deny each posting or other   advertisement for a tenured faculty position at each institution   under the board's control and management; and                (9) [(5)]  ensure that its formal position on matters   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.          (g)  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 Subsections (d)(2), (3), (5), (7), and   (8) during the preceding state fiscal year.          SECTION 2.  Chapter 51, Education Code, is amended by adding   Subchapter L to read as follows:   SUBCHAPTER L. PROHIBITIONS REGARDING IDEOLOGICAL OATHS OR   STATEMENTS          Sec. 51.601.  PURPOSE. The purpose of this subchapter is to   prohibit institutions of higher education from requiring or giving   preferential consideration for certain ideological oaths or   statements that undermine academic freedom and open inquiry and   impede the discovery, preservation, and transmission of knowledge.          Sec. 51.602.  DEFINITIONS. In this subchapter:                (1)  "Coordinating board" means the Texas Higher   Education Coordinating Board.                (2)  "Institution of higher education" has the meaning   assigned by Section 61.003.          Sec. 51.603.  PROHIBITIONS REGARDING IDEOLOGICAL OATHS OR   STATEMENTS. (a) An institution of higher education may not:                (1)  compel, require, induce, or solicit a student   enrolled at the institution, an employee or contractor of the   institution, or an applicant for admission to or employment or   contracting at the institution to:                      (A)  endorse an ideology that promotes the   differential treatment of an individual or group of individuals   based on race, color, or ethnicity; or                      (B)  provide a statement of the person's:                            (i)  race, color, ethnicity, or national   origin, except to record any necessary demographic information;                            (ii)  views on, experience with, or past or   planned contributions to efforts involving diversity, equity, and   inclusion, marginalized groups, antiracism, social justice,   intersectionality, or related concepts; or                            (iii)  views on or experience with race,   color, ethnicity, national origin, or other immutable   characteristics; or                (2)  provide preferential consideration to a student   enrolled at the institution, an employee or contractor of the   institution, or an applicant for admission to or employment or   contracting at the institution on the basis of the person's   unsolicited statement in support of an ideology described by   Subdivision (1)(A).          (b)  This section may not be construed to:                (1)  restrict academic research or coursework;                (2)  prevent a person from providing to an institution   of higher education information described by Subsection (a) on the   person's own initiative separate from any specific requirement or   request from the institution; or                (3)  prevent an institution of higher education from   requiring an applicant for admission to or employment or   contracting at the institution to:                      (A)  disclose or discuss the content of the   applicant's research or artistic creations;                      (B)  certify compliance with state and federal   antidiscrimination law; or                      (C)  discuss pedagogical approaches or experience   with students with learning disabilities.          (c)  Not later than December 1 of each year, each institution   of higher education shall submit to the lieutenant governor and the   speaker of the house of representatives a report certifying the   institution's compliance with this section.          SECTION 3.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Sections 51.9317, 51.9318, and 51.9319 to read as   follows:          Sec. 51.9317.  DIVERSITY, EQUITY, AND INCLUSION OFFICES AND   EMPLOYEES PROHIBITED. (a) In this section:                (1)  "Coordinating board" means the Texas Higher   Education Coordinating Board.                (2)  "Diversity, equity, and inclusion office" means an   office, division, or other unit of an institution of higher   education established for the purpose of:                      (A)  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;                      (B)  promoting differential treatment of or   providing special benefits to individuals on the basis of race,   color, or ethnicity;                      (C)  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                      (D)  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.                (3)  "Institution of higher education" has the meaning   assigned by Section 61.003.          (b)  An institution of higher education may not establish or   maintain a diversity, equity, and inclusion office or 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)  Subsection (b) may not be construed to:                (1)  restrict:                      (A)  academic course instruction;                      (B)  research or creative works by an institution   of higher education's students or faculty;                      (C)  the activities of student organizations   registered with or recognized by an institution of higher   education;                      (D)  the guest speakers or performers who may be   invited to speak or perform at an institution of higher education   for short-term engagements;                      (E)  health services provided by licensed   professionals at an institution of higher education;                      (F)  services provided by appropriate   professionals at an institution of higher education to veterans of   the armed forces of the United States or persons with a physical or   cognitive disability; or                      (G)  an institution of higher education's ability   to:                            (i)  respond to a request for information   from a grantmaking agency or athletic association; or                            (ii)  collect data; or                (2)  prohibit an institution of higher education from:                      (A)  establishing or maintaining a legal office or   other unit, hiring or assigning an employee who is an attorney, or   contracting with a third-party attorney or law firm to ensure the   institution's compliance with any applicable court order or state   or federal law;                      (B)  establishing or maintaining an academic   department that does not establish policy or procedures for other   departments; or                      (C)  registering or recognizing student   organizations at the institution.          (d)  Nothing in this section may be construed as prohibiting   bona fide qualifications based on sex that are reasonably necessary   to the normal operation of an institution of higher education.          (e)  Any person may notify the attorney general of a   violation or potential violation of this section by an institution   of higher education. The attorney general may file suit for a writ   of mandamus compelling the institution to comply with this section.          (i)  If an institution of higher education determines that an   employee of the institution has violated this section, the   institution shall:                (1)  take the following action against the employee:                      (A)  for the first violation, place the employee   on unpaid leave for the next academic year; or                      (B)  for the second or a subsequent violation,   discharge the employee; and                (2)  report the determination and the action taken by   the institution to the coordinating board.          (j)  The coordinating board shall maintain and provide to   each institution of higher education a list of persons against whom   action has been taken under Subsection (i).          (k)  An institution of higher education may not hire an   employee who is included on the coordinating board's list   maintained under Subsection (j) before:                (1)  if the employee was placed on unpaid leave under   Subsection (i)(1)(A), the end of the academic year for which the   employee is placed on unpaid leave; or                (2)  if the employee was discharged under Subsection   (i)(1)(B), the fifth anniversary of the date on which the employee   was discharged.          (l)  If the coordinating board determines that an   institution of higher education has violated this section, the   coordinating board shall assess an administrative penalty against   the institution in an amount equal to the lesser of $1 million or   one percent of the amount of the institution's operating expenses   budgeted for the state fiscal year preceding the state fiscal year   in which the violation occurred.          (m)  An administrative penalty collected under Subsection   (l) may only be appropriated to an institution of higher education   that the coordinating board has not determined to have violated   this section during the two state fiscal years preceding the state   fiscal year for which the appropriation is made.          Sec. 51.9318.  STATEMENTS REQUIRED TO BE INCLUDED IN MISSION   STATEMENT, BYLAWS, FACULTY HANDBOOK, AND STUDENT HANDBOOK. (a) In   this section, "institution of higher education" has the meaning   assigned by Section 61.003.          (b)  Each institution of higher education shall adopt an   institutional mission statement that includes, or incorporate into   the institution's institutional mission statement if the   institution has already adopted an institutional mission   statement, the following statements in whole and without   interruption:                (1)  "We affirm that (name of institution) will educate   students by means of free, open, and rigorous intellectual inquiry   to seek the truth.";                (2)  "We affirm our duty to equip students with the   intellectual skills they need to reach their own informed   conclusions on matters of social and political importance.";                (3)  "We affirm the value of viewpoint diversity in   campus intellectual life, including in faculty recruitment and   hiring.";                (4)  "We affirm our duty to ensure that no aspects of   (name of institution) life, in or outside the classroom, require,   favor, disfavor, or prohibit speech or action that supports any   political, social, or religious belief.";                (5)  "We affirm our commitment to create a community   dedicated to civil and free inquiry that respects the intellectual   freedom of each member, supports individual capacities for growth,   and tolerates the differences in opinion that naturally occur in a   public university community.";                (6)  "We affirm the value of institutional neutrality:   that institutions of higher education should not take collective   positions on political and social controversies of the day."; and                (7)  "These values take priority over any other value   we may also adopt."          (c)  Each institution of higher education shall incorporate   into the institution's bylaws, faculty handbook, and student   handbook the substance of the following reports issued by the   University of Chicago:                (1)  the Report of the Committee on Freedom of   Expression; and                (2)  the Kalven Committee Report on the University's   Role in Political and Social Action.          Sec. 51.9319.  CERTAIN MANDATORY TRAINING PROHIBITED. (a)   In this section:                (1)  "Coordinating board" means the Texas Higher   Education Coordinating Board.                (2)  "Institution of higher education" has the meaning   assigned by Section 61.003.                (3)  "Training" includes a training, seminar,   discussion group, workshop, or other instructional program,   whether provided in person, online, or by any other means, with a   purpose of advising, counseling, influencing, or teaching   participants. The term does not include:                      (A)  an academic course offered for credit; or                      (B)  an activity of a student organization   registered with or recognized by an institution of higher education   that affects only the organization's members.          (b)  An institution of higher education may not require a   student, employee, or applicant for employment at the institution   to participate in training on diversity, equity, inclusion, bias,   oppression, gender identity, or related concepts as a condition of:                (1)  admission to or enrollment at the institution;                (2)  employment or promotion at the institution;                (3)  participating in any function of the institution;   or                (4)  graduating from the institution.          (c)  This section may not be construed to:                (1)  limit the academic freedom of any individual   faculty member to direct the instruction of a course taught by the   faculty member; or                (2)  prohibit any training:                      (A)  that is:                            (i)  developed by an attorney; and                            (ii)  approved in writing by the   institution's general counsel and the office of the attorney   general as being required to comply with any applicable court order   or state or federal law; and                      (B)  for which the materials are made publicly   available on the institution of higher education's Internet   website.          (d)  Any person may notify the attorney general of a   violation or potential violation of this section by an institution   of higher education. The attorney general may file suit for a writ   of mandamus compelling the institution to comply with this section.          (e)  A student or employee of an institution of higher   education who is required to participate in training in violation   of this section may bring an action against the institution for   injunctive or declaratory relief.          (h)  If an institution of higher education determines that an   employee of the institution has violated this section, the   institution shall:                (1)  take the following action against the employee:                      (A)  for the first violation, place the employee   on unpaid leave for the next academic year; or                      (B)  for the second or a subsequent violation,   discharge the employee; and                (2)  report the determination and the action taken by   the institution to the coordinating board.          (i)  The coordinating board shall maintain and provide to   each institution of higher education a list of persons against whom   action has been taken under Subsection (h).          (j)  An institution of higher education may not hire an   employee who is included on the coordinating board's list   maintained under Subsection (i) before:                (1)  if the employee was placed on unpaid leave under   Subsection (h)(1)(A), the end of the academic year for which the   employee is placed on unpaid leave; or                (2)  if the employee was discharged under Subsection   (h)(1)(B), the fifth anniversary of the date on which the employee   was discharged.          (k)  If the coordinating board determines that an   institution of higher education has violated this section, the   coordinating board shall assess an administrative penalty against   the institution in an amount equal to the lesser of $1 million or   one percent of the amount of the institution's operating expenses   budgeted for the state fiscal year preceding the state fiscal year   in which the violation occurred.          (l)  An administrative penalty collected under Subsection   (k) may only be appropriated to an institution of higher education   that the coordinating board has not determined to have violated   this section during the two state fiscal years preceding the state   fiscal year for which the appropriation is made.          SECTION 4.  Section 51.942, Education Code, is amended by   adding Subsection (c-1) to read as follows:          (c-1)  For purposes of Subsection (c)(5), good cause for   revoking the tenure of a faculty member includes the faculty   member's violation of Section 51.9317 or 51.9319.          SECTION 5.  (a) Section 51.352(d), Education Code, as   amended by this Act, applies beginning with the 2023-2024 academic   year.          (b)  Section 51.352(g), 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 6.  (a) Except as provided by Subsection (b) of this   section, Subchapter L, Chapter 51, and Sections 51.9317, 51.9318,   and 51.9319, Education Code, as added by this Act, apply beginning   with the 2023-2024 academic year.          (b)  Sections 51.9317(i) and 51.9319(h), Education Code, as   added by this Act, apply only to a person who enters into or renews   an employment contract at a public institution of higher education   on or after the effective date of this Act.          SECTION 7.  A public institution of higher education may not   spend money appropriated by the legislature for the state fiscal   biennium beginning September 1, 2025, until the institution's   governing board has filed with the Texas Higher Education   Coordinating Board and posted on the institution's Internet website   a report that:                (1)  states the steps taken by the institution to   comply with Section 51.9317, Education Code, as added by this Act;   and                (2)  certifies the institution's compliance with   Section 51.9317, Education Code, as added by this Act.          SECTION 8.  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.