HB2311 - Relating to diversity, equity, and inclusion initiatives at public institutions of higher education.

      By: Harrison H.B. No. 2311       A BILL TO BE ENTITLED   AN ACT   relating to diversity, equity, and inclusion initiatives at public   institutions of higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 51.3525(c)-(j), Education Code, are   amended to read as follows:           (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.           (d)  Subsection (b)(1) may not be construed to apply to:                 (1)  academic course instruction;                 (2)     scholarly research or a creative work by an   institution of higher education's students, faculty, or other   research personnel or the dissemination of that research or work;                 (3)     an activity of a student organization registered   with or recognized by an institution of higher education;                 (4)     guest speakers or performers on short-term   engagements;                 (5)     a policy, practice, procedure, program, or   activity to enhance student academic achievement or postgraduate   outcomes that is designed and implemented without regard to race,   sex, color, or ethnicity;                 (6)  data collection; or                 (7)  student recruitment or admissions.          (e c )  An institution of higher education may not spend money   appropriated to the institution for a state fiscal year until the   governing board of the institution submits to the legislature and   the Texas Higher Education Coordinating Board a report certifying   the board's compliance with this section during the preceding state   fiscal year.          ( f d )  In the interim between each regular session of the   legislature, the governing board of each institution of higher   education, or the board's designee, shall testify before the   standing legislative committees with primary jurisdiction over   higher education at a public hearing of the committee regarding the   board's compliance with this section.          ( g e )  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 f )  If the state auditor determines pursuant to a   compliance audit conducted under Subsection ( g e ) 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 g )  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.          ( j h )  The Texas Higher Education Coordinating Board, in   coordination with institutions of higher education, shall conduct a   biennial study to identify the impact of the implementation of this   section on the application rate, acceptance rate, matriculation   rate, retention rate, grade point average, and graduation rate of   students at institutions of higher education, disaggregated by   race, sex, and ethnicity.  Not later than December 1 of each   even-numbered year, the coordinating board shall submit to the   legislature a report on the results of the study and any   recommendations for legislative or other action. This subsection   expires September 1, 2029.          SECTION 2.  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, 2025.