Bill Text: TX HB3164 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the prohibition of diversity, equity, and inclusion offices and employees at public institutions of higher education.
Spectrum: Partisan Bill (Republican 38-0)
Status: (Introduced - Dead) 2023-03-15 - Referred to Higher Education [HB3164 Detail]
Download: Texas-2023-HB3164-Introduced.html
88R9334 JTZ-D | ||
By: Tepper | H.B. No. 3164 |
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relating to the prohibition of diversity, equity, and inclusion | ||
offices and employees at public institutions of higher education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter Z, Chapter 51, Education Code, is | ||
amended by adding Section 51.9317 to read as follows: | ||
Sec. 51.9317. DIVERSITY, EQUITY, AND INCLUSION OFFICES AND | ||
EMPLOYEES PROHIBITED. (a) In this section: | ||
(1) "Diversity, equity, and inclusion office" means an | ||
office, center, department, division, or other unit of an | ||
institution of higher education established for the purpose of: | ||
(A) influencing the composition of the faculty or | ||
student body of the institution with respect to race, sex, color, or | ||
ethnicity, other than through the use of color-blind and | ||
sex-neutral admissions and hiring processes in accordance with any | ||
applicable state and federal antidiscrimination laws; | ||
(B) promoting differential treatment of or | ||
providing special benefits to individuals on the basis of race, | ||
color, or ethnicity; | ||
(C) promoting policies or procedures designed or | ||
implemented in reference to race, color, or ethnicity; | ||
(D) conducting trainings, programs, or | ||
activities designed or implemented in reference to race, color, | ||
ethnicity, gender identity, or sexual orientation; or | ||
(E) promoting a particular, widely contested | ||
opinion regarding unconscious or implicit bias, cultural | ||
appropriation, allyship, transgender ideology, microaggressions, | ||
group marginalization, antiracism, systemic oppression, social | ||
justice, intersectionality, neo-pronouns, heteronormativity, | ||
disparate impact, gender theory, racial or sexual privilege, or | ||
other closely related concepts. | ||
(2) "Institution of higher education" has the meaning | ||
assigned by Section 61.003. | ||
(b) An institution of higher education may not establish or | ||
maintain a diversity, equity, and inclusion office or hire or | ||
assign an employee of the institution, or contract with a third | ||
party, to perform the duties of a diversity, equity, and inclusion | ||
office. | ||
(c) Subsection (b) may not be construed to: | ||
(1) restrict: | ||
(A) an institution of higher education's | ||
academic course instruction or research; | ||
(B) the activities of student organizations | ||
registered with or recognized by an institution of higher | ||
education; | ||
(C) the guest speakers or performers who may be | ||
invited to speak or perform at an institution of higher education; | ||
or | ||
(D) physical or mental health services an | ||
institution of higher education may provide to students, faculty, | ||
or staff; or | ||
(2) prohibit an institution of higher education from: | ||
(A) establishing or maintaining a legal office or | ||
other unit, hiring or assigning an employee who is an attorney, or | ||
contracting with a third-party attorney or law firm to ensure the | ||
institution's compliance with: | ||
(i) Title IX of the Education Amendments of | ||
1972 (20 U.S.C. Section 1681 et seq.); | ||
(ii) the Americans with Disabilities Act of | ||
1990 (42 U.S.C. Section 12101 et seq.); | ||
(iii) the Age Discrimination in Employment | ||
Act of 1967 (29 U.S.C. Section 621 et seq.); | ||
(iv) Title VI of the Civil Rights Act of | ||
1964 (42 U.S.C. Section 2000d et seq.); | ||
(v) any applicable court order; or | ||
(vi) other applicable state or federal law; | ||
or | ||
(B) establishing or maintaining: | ||
(i) an academic department or other unit | ||
whose primary purpose is to offer courses for credit toward a degree | ||
or certificate program and that does not establish policy or | ||
procedures for other departments or units; or | ||
(ii) an office or other unit whose sole duty | ||
is the recruitment of prospective students. | ||
(d) Nothing in this section may be construed as prohibiting | ||
bona fide qualifications based on sex that are reasonably necessary | ||
to the normal operation of an institution of higher education. | ||
(e) If an institution of higher education fails to comply | ||
with this section, the attorney general may file suit for a writ of | ||
mandamus compelling the institution to comply with this section. | ||
(f) A student or faculty member of an institution of higher | ||
education who is adversely affected by the institution's violation | ||
of this section may bring an action against the institution for | ||
injunctive relief, court costs, and reasonable attorney's fees. | ||
(g) In addition to the venue provided under Section | ||
15.002(a), Civil Practice and Remedies Code, an action under | ||
Subsection (f) may be brought in a county contiguous to the county | ||
in which all or a substantial part of the events or omissions giving | ||
rise to the claim occurred. | ||
(h) Sovereign or governmental immunity of an institution of | ||
higher education to suit is waived and abolished to the extent of | ||
liability created by this section. | ||
SECTION 2. Section 51.9317, Education Code, as added by | ||
this Act, applies beginning with the 2023-2024 academic year. | ||
SECTION 3. 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, 2023. |