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. | ||
