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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of diversity, equity, and inclusion |
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offices and employees at public institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9317 to read as follows: |
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Sec. 51.9317. DIVERSITY, EQUITY, AND INCLUSION OFFICES AND |
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EMPLOYEES PROHIBITED. (a) In this section: |
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(1) "Diversity, equity, and inclusion office" means an |
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office, center, department, division, or other unit of an |
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institution of higher education established for the purpose of: |
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(A) influencing the composition of the faculty or |
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student body of the institution with respect to race, sex, color, or |
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ethnicity, other than through the use of color-blind and |
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sex-neutral admissions and hiring processes in accordance with any |
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applicable state and federal antidiscrimination laws; |
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(B) promoting differential treatment of or |
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providing special benefits to individuals on the basis of race, |
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color, or ethnicity; |
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(C) promoting policies or procedures designed or |
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implemented in reference to race, color, or ethnicity; |
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(D) conducting trainings, programs, or |
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activities designed or implemented in reference to race, color, |
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ethnicity, gender identity, or sexual orientation; or |
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(E) promoting a particular, widely contested |
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opinion regarding unconscious or implicit bias, cultural |
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appropriation, allyship, transgender ideology, microaggressions, |
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group marginalization, antiracism, systemic oppression, social |
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justice, intersectionality, neo-pronouns, heteronormativity, |
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disparate impact, gender theory, racial or sexual privilege, or |
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other closely related concepts. |
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(2) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(b) An institution of higher education may not establish or |
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maintain a diversity, equity, and inclusion office or hire or |
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assign an employee of the institution, or contract with a third |
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party, to perform the duties of a diversity, equity, and inclusion |
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office. |
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(c) Subsection (b) may not be construed to: |
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(1) restrict: |
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(A) an institution of higher education's |
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academic course instruction or research; |
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(B) the activities of student organizations |
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registered with or recognized by an institution of higher |
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education; |
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(C) the guest speakers or performers who may be |
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invited to speak or perform at an institution of higher education; |
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or |
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(D) physical or mental health services an |
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institution of higher education may provide to students, faculty, |
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or staff; or |
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(2) prohibit an institution of higher education from: |
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(A) establishing or maintaining a legal office or |
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other unit, hiring or assigning an employee who is an attorney, or |
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contracting with a third-party attorney or law firm to ensure the |
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institution's compliance with: |
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(i) Title IX of the Education Amendments of |
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1972 (20 U.S.C. Section 1681 et seq.); |
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(ii) the Americans with Disabilities Act of |
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1990 (42 U.S.C. Section 12101 et seq.); |
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(iii) the Age Discrimination in Employment |
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Act of 1967 (29 U.S.C. Section 621 et seq.); |
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(iv) Title VI of the Civil Rights Act of |
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1964 (42 U.S.C. Section 2000d et seq.); |
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(v) any applicable court order; or |
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(vi) other applicable state or federal law; |
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or |
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(B) establishing or maintaining: |
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(i) an academic department or other unit |
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whose primary purpose is to offer courses for credit toward a degree |
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or certificate program and that does not establish policy or |
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procedures for other departments or units; or |
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(ii) an office or other unit whose sole duty |
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is the recruitment of prospective students. |
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(d) Nothing in this section may be construed as prohibiting |
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bona fide qualifications based on sex that are reasonably necessary |
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to the normal operation of an institution of higher education. |
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(e) If an institution of higher education fails to comply |
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with this section, the attorney general may file suit for a writ of |
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mandamus compelling the institution to comply with this section. |
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(f) A student or faculty member of an institution of higher |
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education who is adversely affected by the institution's violation |
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of this section may bring an action against the institution for |
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injunctive relief, court costs, and reasonable attorney's fees. |
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(g) In addition to the venue provided under Section |
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15.002(a), Civil Practice and Remedies Code, an action under |
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Subsection (f) may be brought in a county contiguous to the county |
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in which all or a substantial part of the events or omissions giving |
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rise to the claim occurred. |
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(h) Sovereign or governmental immunity of an institution of |
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higher education to suit is waived and abolished to the extent of |
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liability created by this section. |
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SECTION 2. Section 51.9317, Education Code, as added by |
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this Act, applies beginning with the 2023-2024 academic year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |