Harrison Bill Widens The DEI Ban To Classes And Research

The text as introduced · 706 words

By: Harrison
H.B. No. 2311

A BILL TO BE ENTITLED

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. Sections 51.3525(c)-(j), Education Code, are

amended to read as follows:

(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;

(B) low-income students; or

(C) underserved student populations; or

(2) certifies compliance with state and federal

antidiscrimination laws.

(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 policy, practice, procedure, program, or

activity to enhance student academic achievement or postgraduate

outcomes that is designed and implemented without regard to race,

sex, color, or ethnicity;

(6) data collection; or

(7) student recruitment or admissions.

(e 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 this section during the preceding state

fiscal year.

( f d ) 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.

( g e ) 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.

( h f ) If the state auditor determines pursuant to a

compliance audit conducted under Subsection ( g e ) that an

institution of higher education has spent state money in violation

of this section, the institution:

(1) must cure the violation not later than the 180th

day after the date on which the determination is made; and

(2) if the institution fails to cure the violation

during the period described by Subdivision (1), is ineligible to

receive formula funding increases, institutional enhancements, or

exceptional items during the state fiscal biennium immediately

following the state fiscal biennium in which the determination is

made.

( I g ) 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.

( j h ) The Texas Higher Education Coordinating Board, in

coordination with institutions of higher education, shall conduct a

biennial study to identify the impact of the implementation of this

section on the application rate, acceptance rate, matriculation

rate, retention rate, grade point average, and graduation rate of

students at institutions of higher education, disaggregated by

race, sex, and ethnicity. Not later than December 1 of each

even-numbered year, the coordinating board shall submit to the

legislature a report on the results of the study and any

recommendations for legislative or other action. This subsection

expires September 1, 2029.

SECTION 2. 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.