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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting public institutions of higher education |
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from offering programs or courses in DEI studies. |
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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 51.988 to read as follows: |
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Sec. 51.988. PROHIBITION ON COURSES. (a) In this section: |
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(1) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(2) "Coordinating board" means the Texas Higher |
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Education Coordinating Board. |
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(a) An institution of higher education may not offer a |
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certificate or degree program, including any major or minor, or |
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course, in diversity, equity, and inclusion, including but not |
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limited to, promoting differential treatment of individuals on the |
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basis of race, color, or ethnicity. |
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(b) The state auditor shall conduct a compliance audit of |
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each institution of higher education every year to determine |
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whether the institution has spent state money in violation of this |
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section. |
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(c) If the state auditor determines pursuant to a compliance |
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audit conducted under Subsection (e) that an institution of higher |
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education has spent money in violation of this section, the |
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institution may not receive state funding until the institution |
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complies with this section. |
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(d) A student of an institution of higher education who is |
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required to participate in a certificate or degree program, |
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including any major or minor, or course in violation of this section |
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may bring an action against the institution for injunctive or |
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declaratory relief. |
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(e) If an institution of higher education determines that an |
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employee of the institution has violated this section, the |
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institution shall: |
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(1) take the following action against the employee: |
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(A) for the first violation, place the employee |
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on unpaid leave for the next academic year; or |
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(B) for the second or a subsequent violation, |
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discharge the employee; and |
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(2) report the determination and the action taken by |
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the institution to the coordinating board. |
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(i) The coordinating board shall maintain and provide to |
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each institution of higher education a list of persons against whom |
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action has been taken under Subsection (h). |
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(j) An institution of higher education may not hire an |
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employee who is included on the coordinating board's list |
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maintained under Subsection (i) before: |
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(1) if the employee was placed on unpaid leave under |
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Subsection (h)(1)(A), the end of the academic year for which the |
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employee is placed on unpaid leave; or |
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(2) if the employee was discharged under Subsection |
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(h)(1)(B), the fifth anniversary of the date on which the employee |
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was discharged. |
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SECTION 2. This Act applies beginning with the 2026-2027 |
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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, 2025. |