The text as introduced · 406 words
90R3779 AND-D
By: Reynolds
H.B. No. 790
A BILL TO BE ENTITLED
AN ACT
relating to certain prohibitions regarding diversity, equity, or
inclusion initiatives at public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 51.3525(a) and (c), Education Code, are
amended to read as follows:
(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) intentionally 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;
(2) intentionally promoting differential treatment of
or providing special benefits to individuals on the basis of race,
color, or ethnicity;
(3) 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 Texas Higher Education Coordinating Board
for the sole purpose of ensuring compliance with any applicable
court order or state or federal law; or
(4) 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 Texas Higher
Education Coordinating Board for the sole purpose of ensuring
compliance with any applicable court order or state or federal law.
(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:
(1) [ (A) ] first-generation college students;
(2) [ (B) ] low-income students; or
(3) [ (C) ] underserved student populations[ ; or
[ (2) certifies compliance with state and federal
antidiscrimination laws ].
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, 2027.