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A BILL TO BE ENTITLED
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AN ACT
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relating to the mission of governing boards of public institutions |
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of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.352, Education Code, is amended by |
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adding Code, is amended by amending Subsection (a) and renumbering |
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as follows: |
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(a) It is the policy of this state that the governing boards |
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of institutions of higher education, being composed of lay members, |
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shall exercise the traditional and time-honored role for such |
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boards as their role has evolved in the United States and shall |
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constitute the keystone of the governance structure. In this |
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regard each governing board: |
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(1) is expected to preserve institutional |
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independence and to defend its right to manage its own affairs |
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through its chosen administrators and employees; |
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(2) shall enhance the public image of each institution |
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under its governance; |
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(3) shall interpret the community to the campus and |
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interpret the campus to the community; |
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(4) shall nurture each institution under its |
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governance to the end that each institution achieves its full |
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potential within its role and mission to ensure each and every |
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student has an equal, meaningful opportunity to succeed in their |
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academic and professional development; and |
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(5) shall insist on clarity of focus and mission of |
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each institution under its governance. |
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SECTION 2. Section 51.3525, Education Code, is amended by |
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amending Subsection (b) to read as follows: |
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(b) The governing board of an institution of higher |
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education shall ensure that each unit of the institution: |
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(1) does not, except as required by federal law and for |
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the purposes of fulfilling the governing board's mission under |
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section 51.352(a)(4): |
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(A) establish or maintain a diversity, equity, |
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and inclusion office; |
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(B) hire or assign an employee of the institution |
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or contract with a third party to perform the duties of a diversity, |
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equity, and inclusion office; |
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(C) compel, require, induce, or solicit any |
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person to provide a diversity, equity, and inclusion statement or |
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give preferential consideration to any person based on the |
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provision of a diversity, equity, and inclusion statement; |
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(D) give preference on the basis of race, sex, |
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color, ethnicity, or national origin to an applicant for |
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employment, an employee, or a participant in any function of the |
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institution; or |
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(E) require as a condition of enrolling at the |
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institution or performing any institution function any person to |
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participate in diversity, equity, and inclusion training, which: |
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(i) includes a training, program, or |
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activity designed or implemented in reference to race, color, |
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ethnicity, gender identity, or sexual orientation; and |
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(ii) does not include a training, program, |
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or activity developed by an attorney and approved in writing by the |
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institution's general counsel and the Texas Higher Education |
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Coordinating Board for the sole purpose of ensuring compliance with |
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any applicable court order or state or federal law; and |
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(2) adopts policies and procedures for appropriately |
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disciplining, including by termination, an employee or contractor |
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of the institution who engages in conduct in violation of |
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Subdivision (1). |
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SECTION 3. This Act takes effect September 1, 2025. |