Bowers Bill Opens A Mission-Sized Exception In The DEI Ban

The text as introduced · 511 words

By: Bowers
H.B. No. 3283

A BILL TO BE ENTITLED

AN ACT

relating to the mission of governing boards of public institutions

of higher education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 51.352, Education Code, is amended by

adding Code, is amended by amending Subsection (a) and renumbering

as follows:

(a) It is the policy of this state that the governing boards

of institutions of higher education, being composed of lay members,

shall exercise the traditional and time-honored role for such

boards as their role has evolved in the United States and shall

constitute the keystone of the governance structure. In this

regard each governing board:

(1) is expected to preserve institutional

independence and to defend its right to manage its own affairs

through its chosen administrators and employees;

(2) shall enhance the public image of each institution

under its governance;

(3) shall interpret the community to the campus and

interpret the campus to the community;

(4) shall nurture each institution under its

governance to the end that each institution achieves its full

potential within its role and mission to ensure each and every

student has an equal, meaningful opportunity to succeed in their

academic and professional development ; and

(5) shall insist on clarity of focus and mission of

each institution under its governance.

SECTION 2. Section 51.3525, Education Code, is amended by

amending Subsection (b) to read as follows:

(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 and for

the purposes of fulfilling the governing board's mission under

section 51.352(a)(4) :

(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).

SECTION 3. This Act takes effect September 1, 2025.