By: Middleton S.B. No. 2714               A BILL TO BE ENTITLED   AN ACT   relating to a prohibition on public institutions of higher   education requiring students to enroll in certain courses to   complete a certificate or degree program, using such courses to   satisfy general education requirements, funding such courses using   state appropriations, or requiring related faculty practices, and   to freshman student orientation at those institutions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter F, Chapter 51, Education Code, is   amended by adding Section 51.311 to read as follows:          Sec. 51.311.  PROHIBITION ON REQUIRING CERTAIN COURSES. (a)   In this section:                 (1)  "governing board" and "institution of higher   education" have the meanings assigned by Section 61.003.                (2)  "general education curriculum" means "core   curriculum" as assigned by Section 61.821(1) and any content-based   academic course requirement or guideline applicable to all students   of a college within a university.                (3)  "constrain" means:                       (A)  establishing required curricular course   classifications based upon, or                       (B)  failing during any semester to provide   sufficient open seats in alternative courses for a student to   complete or progress toward completion of a degree or program   requirements.          (b)  Except as provided by Subsections (d) and (e), the   governing board of an institution of higher education shall   prescribe courses and programs at the institution in a manner that   does not require or constrain students enrolled at the institution   to complete, as part of any program or degree requirement, a course   whose course description, course overview, course objectives,   proposed student learning outcomes, written examinations, or   written or oral assignments for which the student will receive a   grade do any of the following:                 (1)  relate to contemporary American society the topic   of critical theory, whiteness, systemic racism, institutional   racism, anti-racism, microaggressions, systemic or structural   bias, implicit bias, unconscious bias, intersectionality, gender   identity, social justice, cultural competence, decolonization,   allyship, race-based reparations, race- or gender-based privilege,   race- or gender-based diversity, race- or gender-based equity,   race- or gender-based inclusion, race- or gender-based   stratification, race- or gender-based power, or race- or   gender-based marginalization;                (2)  promote the idea that racially neutral or   colorblind laws, policies, or institutions perpetuate oppression,   injustice, race-based privilege, including white supremacy or   white privilege, or inequity by failing to actively differentiate   on the basis of race, sex, or gender;                (3)  promote the differential treatment of any   individual or group of individuals based on race or ethnicity in   contemporary American society;                (4)  promote the idea that a student is biased on   account of the student's race or sex.          (c)  Except as provided by Subsections (d) and (e), an   institution of higher education or the institution's employee may   not require, solicit, or incentivize the institution's faculty   members to, as a condition of approving a course, certificate, or   degree program or as a factor in the faculty member's performance   assessment or a decision regarding the faculty member's promotion,   tenure, salary, or any other incentive:                (1)  include in a course content described by   Subsection (b);                (2)  include or curate instructional materials on the   basis of the race, sex, or gender identity of the author or authors;                (3)  participate in a workshop, training, seminar or   professional development on content described by Subsection (b).          (d)  The governing board of an institution of higher   education may exempt in writing from the prohibitions under   Subsections (b) and (c) courses required for a certificate or   degree program whose title clearly establishes the program's course   of study as primarily focused on racial, ethnic, or gender studies,   provided that each of the following applies:                 (1)  a student enrolled at the institution is not   required or constrained to enroll in such a course to satisfy the   requirements of any other certificate or degree program.                (2)  courses offered or listed under such programs   shall satisfy the academic degree program requirements of those   respective programs only and shall not be used to satisfy the degree   or program requirements for general education or other major,   minor, or certificate requirements beyond satisfying overall   university credit hour graduation requirements.                (3)  the title of any currently established department   or degree or certificate program is not altered or replaced to   establish an emphasis on racial, ethnic, or gender studies.          (e)  Subsections (b) and (c) shall not be construed to   prohibit:                (1)  identifying and discussing historical movements,   ideologies or instances of racial hatred or discrimination,   including, but not limited to slavery, Indian removal, the   Holocaust, or Japanese-American internment.                (2)  identifying genetic predispositions,   epidemiology, or physiology in medical education or biological   sciences that does not posit race-based injustice, discrimination,   or oppression.                (3)  the identification of differences between, or bona   fide qualifications based on, biological sex that are reasonably   necessary to the normal operation of public institutions.          (f)  The governing board of an institution of higher   education shall prescribe general education curricula in a manner   that does not include courses that distort significant historical   events or include curriculum that teaches identity politics or is   based on theories that systemic racism, sexism, oppression, and   privilege are inherent in the institutions of the United States and   were created to maintain social, political, and economic   inequities.          (g)  Nothing in this section may be construed to limit any   programming explicitly required by, and limited to, the institution   of higher education's obligations to comply with state or federal   anti-discrimination law or an applicable court order.          (h)  A public institution of higher education may not require   a student to complete an additional course to meet a course   requirement that was completed by the student with a course that has   since been removed as meeting a general education or program   requirement.          (i)  Beginning with the fiscal year beginning September 1,   2026, each public institution of higher education shall include as   part of its annual report to the Texas Higher Education   Coordinating Board as provided by Section 51.3525, Subsection (e)   certification of its compliance with this section. Violations of   this section shall be subject to the procedures provided by Section   51.3525, Subsections (g) through (i).          SECTION 2.  Subchapter F, Chapter 51, Education Code, is   amended by adding Section 51.312 to read as follows:          Sec. 51.312.  REQUIRED SOURCES OF FUNDING FOR CERTAIN   COURSES. (a) Instructional expenses associated with courses   specified in Section 51.311(b) shall not be funded by state   appropriations.          Section 3. SEVERABILITY. 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 4.  This Act applies beginning with the 2025-2026   academic year.          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, 2025.