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 in May 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.
The legislation 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 law, students or employees could sue universities for “injunctive or declaratory relief” if they are required to participate in any DEI training.
Republican lawmakers have spent this year’s legislative session in Texas railing against DEI offices and initiatives in higher education, which they say are divisive and cause a “chilling effect” on faculty and student speech.
Texas students and faculty members, however, have pushed back, saying DEI offices and initiatives should remain and help people of color feel more included and thrive on campus.
State Sen. Brandon Creighton, R-Conroe, asserted banning them is 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 will 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.”
Lt. Gov. Dan Patrick, who oversees the Senate, made the bill one of his priorities this session. The legislation 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 is the second state in the U.S. to ban certain DEI initiatives in higher education. Florida Gov. Ron DeSantis signed a bill last month banning funding for DEI programs, prompting the NAACP to issue a travel advisory for the state.
Before the Texas House passed the measure, Rep. Ron Reynolds, chair of the Texas Legislative Black Caucus, urged other 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 (of) the progress that we’ve made over the years, because many people of good conscience, not just African Americans, but Hispanics, Asians, (have 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.”
As part of the new law, the Texas Higher Education Coordinating Board is required to study how the legislation affects recruitment and retention of college students. The state auditor will have 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.
Texas lawmakers already approved a 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.
