88R29956 KJE-F     By: Creighton, et al. S.B. No. 17     (Kuempel, Shaheen, Bonnen)     Substitute the following for S.B. No. 17:  No.       A BILL TO BE ENTITLED   AN ACT   relating to the purpose of public institutions of higher education   and the powers and duties of the governing boards of those   institutions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 3, Education Code, is amended   by adding Chapter 50 to read as follows:   CHAPTER 50. HIGHER EDUCATION PURPOSE          Sec. 50.001.  HIGHER EDUCATION PURPOSE. A public   institution of higher education must be committed to creating an   environment of:                (1)  intellectual inquiry and academic freedom so that   all students are equipped for participation in the workforce and   the betterment of society; and                (2)  intellectual diversity so that all students are   respected and educated regardless of race, sex, or ethnicity or   social, political, or religious background or belief.          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)  engaging in hiring or employment practices at the   institution that give preferential treatment on the basis of race,   sex, color, or ethnicity, other than through the use of   nondiscriminatory hiring processes in accordance with any   applicable state and federal antidiscrimination laws;                (2)  providing differential treatment to individuals   on the basis of race, sex, color, or ethnicity;                (3)  implementing policies or procedures that give   preferential treatment on the basis of race, sex, color, or   ethnicity, other than policies or procedures approved in writing by   the institution's general counsel for the purpose of ensuring   compliance with any applicable court order or state or federal law   in accordance with institutional policy; or                (4)  conducting trainings, programs, or activities   that advocate for or give preferential treatment on the basis of   race, sex, 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 for the purpose of ensuring   compliance with any applicable court order or state or federal law   in accordance with institutional policy.          (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 or as   provided by Subsection (c):                      (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 that advocates for or gives preferential treatment on the   basis of race, sex, 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 for the purpose of ensuring   compliance with any applicable court order or state or federal law   in accordance with institutional policy; 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)  The governing board of an institution of higher   education may approve the institution's implementation of a program   described by Subsection (b)(1) if the governing board determines   that the program:                (1)  otherwise complies with applicable state and   federal law; and                (2)  is necessary for the institution to comply with:                      (A)  the terms of a grant awarded by or contract   with the federal government, a private entity, or a nonprofit   organization; or                      (B)  the standards or requirements of the   institution's accrediting agency.          (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 program or activity to enhance student academic   achievement or postgraduate outcomes that allows participation   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.          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(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 September 1, 2023.