Bill Amendment: TX SB17 | 2023-2024 | 88th Legislature

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Relating to diversity, equity, and inclusion initiatives at public institutions of higher education.

Status: 2023-06-17 - Effective on 1/1/24 [SB17 Detail]

Download: Texas-2023-SB17-House_Amendment_H_2_4-Kuempel.html

---

Amend CSSB 17 (house committee report) as follows:

(1)  On page 2, strike lines 1 through 21 and substitute the following:

(1)  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)  promoting differential treatment of or providing special benefits to individuals on the basis of race, sex, color, or ethnicity;

(3)  promoting policies or procedures designed or implemented in reference to race, sex, 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, sex, 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.

(2)  On page 2, lines 24 and 25, strike "or as provided by Subsection (c)".

(3)  On page 4, strike lines 1 through 12 and substitute the following:

(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:

(A)  first-generation college students;

(B)  low-income students; or

(C)  underserved student populations; or

(2)  certifies compliance with state and federal antidiscrimination laws.

(4)  On page 5, between lines 11 and 12, insert the following:

(g)  The state auditor shall periodically conduct a compliance audit of each institution of higher education to determine whether the institution has spent state money in violation of this section.  The state auditor shall adopt a schedule by which the state auditor will conduct compliance audits under this subsection.  The schedule must ensure that each institution of higher education is audited at least once every four years.

(h)  If the state auditor determines pursuant to a compliance audit conducted under Subsection (g) that an institution of higher education has spent state money in violation of this section, the institution:

(1)  must cure the violation not later than the 180th day after the date on which the determination is made; and

(2)  if the institution fails to cure the violation during the period described by Subdivision (1), is ineligible to receive formula funding increases, institutional enhancements, or exceptional items during the state fiscal biennium immediately following the state fiscal biennium in which the determination is made.

(i)  A student or employee of an institution of higher education who is required to participate in training in violation of Subsection (b)(1)(E) may bring an action against the institution for injunctive or declaratory relief.