Gov. Greg Abbott signs ban on DEI offices in Texas public colleges, universities

Gov. Greg Abbott signed a bill Wednesday that would prohibit diversity, equity and inclusion offices in Texas public colleges and universities starting in 2024.

Both chambers of the Texas Legislature approved the final version of Senate Bill 17, which would ban public higher education institutions from maintaining or establishing DEI offices. It also prohibits higher education institutions from requiring anyone to provide DEI statements or participate in DEI training.

SB 17 defines a DEI office as one that provides different treatment to people based on race, sex, color or ethnicity through any policies, procedures, training, programs or activities. Under the bill, college students or employees could sue their university for "injunctive or declaratory relief" if they are required to participate in any DEI training.

The House approved the new version of the bill 82-61 in May and the Senate passed it 20-11.

The bill's passage comes as Republican lawmakers have spent this session railing against DEI offices and initiatives in higher education, which they say are divisive and cause a "chilling effect" on faculty and student speech.

Several Texas students and faculty members, however, have pushed back against that characterization, saying that DEI offices and other initiatives need to remain in place because they help people of color feel more included and thrive on campus.

Sen. Brandon Creighton, R-Conroe, said the bill's passage was a victory for free speech, Texas universities and the state's "commitment to fostering true diversity and merit in higher education." He said eliminating DEI offices would result in millions in taxpayer savings and restore "free inquiry, meritocracy, equal opportunity (and) genuine innovation."

"The days of political oaths, compelled speech, and racial profiling in university hiring are behind us," Creighton said in a statement. "Moving forward, Texas will prioritize the advancement of the most qualified individuals and endorse policies that promote diversity and equality for our great state."

More: Texas students wait up to 19 hours to testify against bill to ban college DEI offices

Lt. Gov. Dan Patrick, who oversees the Senate, made the bill one of his priorities this session. SB 17 does not apply to academic course instruction, research, activities by student organizations, student recruitment or admissions.

In a statement, Texas Students for DEI, a coalition of college students, condemned the "misguided decision to remove DEI offices and programs" on college campuses. They said DEI provides an "open and supportive environment" on college campuses and its removal would threaten the ability of universities to support underserved students.

"DEI is not going away," the coalition wrote in a statement. "Attempts to make daily life more diverse, equitable, and inclusive are not going away. The implementation of DEI offices and practices may be banned from college campuses, but the principles of diversity, equity, and inclusion can never be removed from us, the people."

Texas would become the second state in the U.S. to ban certain DEI initiatives in higher education if the governor signs the bill into law. Florida's governor signed a bill earlier this month banning funding for DEI programs, prompting the NAACP to issue a travel advisory for the state.

Before the House's final vote Sunday, Rep. Ron Reynolds, chair of the Texas Legislative Black Caucus, urged other House members not to be on the "wrong side of history" and lead the state down the same road as Florida.

"Don't let the politics of extremism get in the way in the progress that we've made over the years because many people of good conscience, not just African Americans, but Hispanics, Asians, (have all worked) together collaboratively to make Texas a better place, to address the Jim Crow legislation of the past," said Reynolds, D-Missouri City. "Diversity, equity and inclusion programs have helped propel this state forward."

More: Rally at Texas Capitol: Why Texas students, faculty say DEI, tenure is needed in colleges

After committee negotiations between lawmakers from both chambers, the approved version of SB 17 includes language largely pulled from an amendment by Rep. John Kuempel, R-Seguin, author of the House's version of the bill, which was added last week to require the state to study the effects of the ban.

The House approved Kuempel's amendment, and then the bill itself, after House Democrats stalled a vote for several hours with their own amendments and other procedural measures.

SB 17 now requires the Texas Higher Education Coordinating Board to conduct a study every two years until 2029 on how the bill affects recruitment and retention for college students, disaggregated for race, sex and ethnicity. The board oversees public universities and colleges in the state.

More: Texas GOP lawmakers are targeting DEI in colleges. Here's why some students are concerned.

It still includes the House's language allowing colleges to submit statements to highlight their work helping first-generation, low-income and underserved students when applying for grants or complying with accreditation requirements, replacing a similar section in the original bill.

The bill would also require the state auditor to conduct audits of public colleges and universities at least every four years to determine whether the schools have spent state money in violation of the ban. If institutions are found in violation, they would need to resolve the matter within 180 days or they would be ineligible to receive formula funding increases or funding for "exceptional items" in the next biennium.

However, the conference committee removed language added by the House that said higher education institutions would need to try to make efforts to reassign employees into jobs within the university with similar pay if their position would be eliminated because of the ban. Instead, the committee added a section that says colleges can provide letters of recommendation to employees who lose their job after the bill becomes law.

SB 17's passage comes after lawmakers approved House Bill 1 — the state budget — with language prohibiting the use of state money for "unconstitutional" diversity, equity and inclusion programs and practices at public higher education institutions, sending it to Abbott for signature.

The budget also provides nearly $700 million in extra funding to certain universities contingent on the passage of SB 17 and SB 18, which makes adjustments to tenure policy, and whether the schools freeze tuition and fees through Aug. 31, 2025.