Below are more than 180 higher ed bills filed in the 88th Texas Legislature. The regular session started January 10, 2023 and ended May 29, 2023.
Updates on Censorship SB 16, Anti-DEI SB 17 and Anti-Tenure SB 18
In April, the Senate amended and passed a trio of bills to censor speech (SB 16), ban DEI practices (SB 17) and eliminate future granting of tenure (SB 18) in public higher education. Although the House Higher Education Committee did not advance SB 16, the committee approved their own versions of SB 17 and SB 18 on May 12, 2023, which were later amended on the House floor. The House and Senate adopted the House version of SB 18 which keeps tenure albeit with weak due process procedures when a tenured faculty is facing termination. The House and Senate adopted a compromise version of SB 17 that bans DEI practices.
House and Senate hearings of certain legislative matters on higher ed
House version of SB 18 (Third Reading) maintains a tenure system for faculty; gives a college or university system seven ways to fire a tenured faculty member; limits due process of a tenured member to defend themselves against dismissal
House
May 23, 2023
Passed along party lines except that Rep. Harold Dutton (D) voted in favor
House version of SB 18 (Second Reading) maintains a tenure system for faculty; gives a college or university system seven ways to fire a tenured faculty member; limits constitutional rights of a tenured member to defend themselves against dismissal
House
May 22, 2023
Passed along party lines (85 Yeas and 59 Nays)
House version of SB 17 (Third Reading) bans DEI practices and programs in higher education with exceptions including academic course instruction and student orgs; employees in violation can face discipline including termination
House
May 22, 2023
Passed along party lines (83 Yeas and 62 Nays)
House version of SB 17(Second Reading) bans DEI practices and programs in higher education with exceptions including academic course instruction, federal grants and contracts, student orgs; employees in violation can face discipline including termination
House
May 19, 2023
Passed along party lines (83 Yeas, 60 Nays, and 1 Present Not Voting)
Second Reading, House version of SB 18 maintains a tenure system; gives a college or university system seven ways to fire a tenured faculty member; limits constitutional rights of a tenured member to defend themselves against dismissal
Point of order sustained — rescheduled for Monday, May 22nd
SB 1987allows the governing board of a public college or university to choose any accrediting agency for the institution instead of requiring the accrediting agencyto be the Southern Association of Colleges and Schools.The accrediting agency no longer has to be recognized by the United States Department of Education.
House version of SB 17 bans DEIpractices and programs in higher education with exceptions including academic course instruction, federal grants and contracts, student orgs; employees in violation can face discipline including termination
House version of SB 18gives a college or university system seven ways to fire a tenured faculty member; limits constitutional rights of a tenured member to defend themselves against dismissal
House version of SB 17 bans DEIpractices and programs in higher education with exceptions including academic course instruction, federal grants and contracts, student orgs; employees in violation can face discipline including termination
Pending (as is common for this committee after a hearing of a bill) and see above for an update
House version of SB 18gives a college or university system seven ways to fire a tenured faculty member; limits constitutional rights of a tenured member to defend themselves against dismissal
SB17 (as revised and amended) bans DEIpractices and programs in higher education with exceptions for academic course instructions, certain kinds of research, student orgs, and more (see Section 2(b-2)); employees violating this law can face discipline up to termination; institutions out of compliance will lose State funding for one year
SB 16 (as amended)restricts curriculum content and discussion about race, sex, or ethnicity and social, political, or religious backgrounds and beliefs; faculty in violation are terminated regardless of tenure status
The Texas AAUP Conference recognizes the following bills as “encouraging legislation” for public institutions of higher education:
HB 202 gives a pay raise for all state employees including those in public institutions of higher education of $10,000/year
HB 3471 strengthens protections for academic freedom, including when teaching about race, ethnic, and gender identity and their intersections, and for Diversity, Equity and Inclusion (DEI) programs.
HB 4571 adopts measures to address student hunger.
The Texas AAUP Conference is also following these bills among others due to concerns of infringement on free speech, academic freedom, tenure, and shared governance at public institutions of higher education (public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education):
Eliminating tenure
SB 18 as amended eliminates future granting of tenure at all institutions of public higher education on or after January 1, 2024; faculty members with tenure prior to Jan. 1, 2023, will be able to maintain tenure provided they are continuously employed. There is no companion bill in the House.
Censorship
SB16 restricts curriculum content and discussion about race, sex, or ethnicity and social, political, or religious backgrounds and beliefs.
HB 1607 places limits on teaching about racial and/or gender identity and any institution that violates this section is ineligible to receive state funds.
HB 2736 censors certain materials from being available in libraries at public institutions of higher education
Diversity, Equity and Inclusion (DEI) policies and programs
SB 17 as revised and amended keeps the ban on DEI offices, officers, programs, and practices, with exceptions for academic course instructions, scholarly research and creative works, student orgs, and more. Penalties for employees include discipline up to and including termination and penalties for institutions include loss of state funding for one year. Companion bill is HB 5127.
SB 2313 prohibits public institutions of higher education from requiring diversity training as a condition for enrollment or registration.
HB 1006 requires that each institution of higher education “maintain political, social, and cultural neutrality” and prohibits institutional support for DEI programs
HB 1046 prohibits requiring affirmation of DEI in admissions, employment, and promotion
HB 3164 bans DEI offices and employees at public institutions of higher education
HB 3682 prevents use of an applicant’s race, color, or any protected characteristic in admissions decisions.
HB 5001 bans requirement for diversity training for admissions or registration.
HB 5140 bans the consideration of race or ethnicity as a factor in admissions.
Prohibiting faculty from determining certain admissions standards
SB 518 requires standardized tests for admissions for first-time-in-college, graduate, and professional studies (professional studies include Business, Law and Medicine)
Other bills to reduce ability to recruit and retain faculty members
SB 1799 limits employment contracts for staff and faculty at junior colleges to one year
SB 147 prevents citizens of China, Iran, North Korea and Russia from owning property
Making attendance at college more expensive for students
SB 518 requires standardized tests for admissions for first-time-in-college, graduate, and professional studies
HB 859 / HB 1117 prevent undocumented students in public institutions of higher ed from being considered residents of Texas.
HB 3280 prevents undocumented students in public institutions of higher ed from being considered residents of Texas and requires public institutions of higher ed to report undocumented students enrolled there to campus police or other local law enforcement.
Banning certain students from admission
HB 4736 bans from admission to an institution of higher education any citizens of China, Iran, North Korea, and Russia as well as undocumented students.
Changing accreditation of academic and governance standards
SB 1913 extends the three official accreditation agencies for public and private institutions of higher education by allowing any “recognized accrediting agency”. The three official accreditation agencies for general education, medicine and law require demonstration of academic freedom, diversity, and shared governance. The American Bar Association also requires training in racial and gender justice for law students.
HB 4880 creates a state agency to evaluate higher ed accreditation agencies. This is currently done by the federal government.
Banning transgender athletes
HB 23 restricts participation in K-12 and higher ed athletics based on biological sex
SB15 restricts participation on an intercollegiate athletic team based on biological sex
Restricting voting access by students, staff and faculty
In the Texas Legislature, the Lt. Gov. presides over the Senate. In the Senate, the Lt. Gov. forms the committees, assigns bills to committees, and decides what bills come to the floor for a vote. The Texas Senate has 19 Republicans and 12 Democrats. See “Lieutenant Governor of Texas” for more info. The Speaker of the House presides over the House. In the House, the Speaker forms the committees, maintains order during floor debates, and votes on House Bills. The Texas House has 86 Republicans and 64 Democrats. See “Frequently Asked Questions” by the Texas House of Representatives.
Here are links to several national AAUP statements on related issues:
Relating to the administration, coordination, and support of public higher education, including the public junior college state finance program and an Advanced Career and Education (ACE) scholarship program for students enrolled in dual credit courses.
Relating to contracts to provide appropriate residential housing to students in extended foster care who enroll at public institutions of higher education.
Relating to the establishment of a limitation on the total amount of ad valorem taxes that certain taxing units may impose on the residence homesteads of individuals who are disabled or elderly.
Relating to the establishment of a limitation on the total amount of ad valorem taxes that certain taxing units may impose on the residence homesteads of individuals who are disabled or elderly.
Relating to the development of a state information technology credential offered by public junior colleges to address shortages in the state information resources workforce
Relating to requiring political subdivisions of this state to participate in the federal electronic verification of employment authorization program, or E-verify.
Relating to the establishment of a limitation on the total amount of ad valorem taxes that certain taxing units may impose on the residence homesteads of individuals who are disabled or elderly and their surviving spouse
Relating to a study by the Legislative Budget Board concerning the long-term effects of regulating tuition rates and amounts charged by public institutions of higher education.
Relating to support for nursing-related postsecondary education including the provision of loan repayment assistance to nursing faculty and the provision of grants to nursing education programs.
Relating to the provision of information regarding mental health and suicide prevention services to entering students at public institutions of higher education
Relating to measures to facilitate the successful completion of degree and certificate programs by certain adult learners at public institutions of higher education.
Relating to the measures to encourage eligible students to claim certain tuition and fee exemptions at public institutions of higher education for students who are or have been in foster or other residential care.
Relating to the measures to encourage eligible students to claim certain tuition and fee exemptions at public institutions of higher education for students who are or have been in foster or other residential care.
Relating to the prosecution of the offense of possessing a weapon in certain prohibited places associated with schools or postsecondary educational institutions.
Relating to the compensation and professional representation of certain students participating in University Interscholastic League activities or in intercollegiate athletic programs at certain institutions of higher education.
Relating to protection from employment retaliation for reporting the existence of certain policies, patterns, or practices of a local entity or institution of higher education related to immigration.
Relating to a study on best practices in STEM programs at minority-serving public institutions of higher education and to a grant program to implement those practices.
Refiled version of HB 1624 in the 87th Legislature Session
Relating to tuition and fee exemptions at public institutions of higher education for certain students who were under the conservatorship of the Department of Family and Protective Services.
Relating to eligibility to receive certain federal funding for postsecondary career and technology education distributed by the Texas Higher Education Coordinating Board.
Relating to eligibility for tuition and fee exemptions at public institutions of higher education for certain students who were under the conservatorship of the Department of Family and Protective Services.
Relating to a requirement that certain students, interns, residents, and fellows receiving a clinical education at public or nonprofit hospitals receive an annual comprehensive health examination.
Relating to an exemption from or refund of tuition and fees for certain lower-division students enrolled at Texas Southern University or Prairie View A&M University.
Relating to creating a framework for including certain credentials of value offered by general academic teaching institutions as part of a baccalaureate degree program.
Relating to the withdrawal or revocation of an athletic scholarship by a public institution of higher education on the basis of a student athlete’s injury, illness, or disability.
Relating to the creation of a new university in Nacogdoches, Texas, within The University of Texas System; abolishing Stephen F. Austin State University.
Relating to a requirement that public institutions of higher education provide certain information regarding certain women’s health programs to students.
Relating to prohibiting a public institution of higher education from partnering with certain private entities for the construction of a student housing facility.
Relating to requirements regarding certain student resources provided to public and private school students by a public or private primary or secondary school, institution of higher education, state agency, or public library.
Relating to the disclosure of certain gifts, grants, contracts, and financial interests received from a foreign source by certain state agencies, public institutions of higher education, and state contractors, and to the approval and monitoring of employment-related foreign travel and activities by certain public institution of higher education employees; providing civil and administrative penalties.
Relating to use of the name, image, or likeness of a student athlete participating in an intercollegiate athletic program at an institution of higher education.
Relating to a requirement that public institutions of higher education provide applicants with certain information regarding eligibility for public health programs.
Relating to the enrollment, including resident status and tuition rates, of certain persons, including persons not authorized to be present in the United States, in public institutions of higher education.
Relating to the general responsibility of public institutions of higher education and to protected expression and academic freedom at those institutions.
Relating to prohibiting the investment of the permanent university fund, the national research university fund, or money held by a public institution of higher education in financial companies that boycott certain energy companies.
Relating to signs posted by public institutions of higher education to facilitate the reporting of and to prevent incidents of sexual harassment, sexual assault, dating violence, and stalking.
Relating to a requirement that public institutions of higher education provide certain information regarding mental health services to entering students.
Relating to a cost-of-living adjustment applicable to certain benefits paid by the Teacher Retirement System of Texas and a study on the feasibility of providing annual adjustments and an optional cash balance benefit under the system.
Relating to the break-in service period for certain retirees preventing the loss of benefits and the state making payments for certain retirees of the Teacher Retirement System of Texas who resume service.
Relating to the use by a public institution of higher education of money appropriated to the institution by the legislature as part of an across-the-board salary increase for state employees.
Relating to a requirement that public institutions of higher education provide certain information regarding certain women’s health programs to students.
Relating to the establishment of the Texas Competency-Based Education Grant Program for certain students enrolled in competency-based baccalaureate degree programs and to formula funding and dropped and repeated course restrictions for students enrolled in those degree programs at public institutions of higher education.
Relating to inquiries into the criminal and disciplinary history of an applicant for undergraduate admission to a public institution of higher education.
Relating to the use of opioid antagonists on the campuses of public and private schools and institutions of higher education and at or in transit to or from off-campus school events.
Relating to housing between academic terms for certain students at public institutions of higher education who were formerly under the conservatorship of the Department of Family and Protective Services.
Relating to the establishment of the Education Savings Account Program to allow certain disadvantaged children and their siblings to use public money to pursue educational alternatives to public schools and an insurance premium tax credit for contributions made for purposes of that program.
Relating to the establishment of the Education Savings Account Program to allow certain children to use public money to pursue educational alternatives to public schools and an insurance premium tax credit for contributions made for purposes of that program.
Relating to the establishment of certain programs to facilitate early high school graduation and enrollment at public institutions of higher education and to the repeal of the Early High School Graduation Scholarship program.
Relating to transferring data analysis and certain reporting functions from the Department of Family and Protective Services to the Texas Tech University System.
Relating to educational benefits for eligible persons attending a comprehensive transition and postsecondary program for students with intellectual disabilities
Relating to the period for which an applicant for admission as an undergraduate student to a public institution of higher education is entitled to an academic fresh start.
Relating to a study regarding the needs of military bases located in the state and programs of study offered at school districts and institutions of higher education to prepare students for employment on a military base.
Relating to the establishment of the Texas Leadership Scholars Program to serve as a merit-based scholarship and leadership opportunity for high-achieving, emerging leaders with financial need.
Relating to payment by a school district of the costs of developmental coursework provided by an institution of higher education under the success initiative.
Relating to the prosecution of the offense of possessing or carrying a weapon in certain prohibited places associated with schools or educational institutions.
Relating to the authority to obtain certain search warrants of certain peace officers for school districts, state institutions of higher education, and public technical institutes.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Relating to requiring public schools and public institutions of higher education to report data regarding certain arrests made on school or institution property.
Relating to a prohibition against the consideration of race or ethnicity as a factor in governmental employment or contracting, in other governmental functions, and in higher education admissions.
Relating to the establishment of the Building Better Futures Program to support educational and occupational skills training opportunities and support services for students with intellectual and developmental disabilities
Relating to the establishment of the Texas Students with Disabilities Scholarship Program for certain students at public institutions of higher education.
Proposing a constitutional amendment authorizing the legislature to provide one-time or ongoing benefit enhancements to eligible annuitants of the Teacher Retirement System of Texas, including a one-time transfer of funds for that purpose.
Proposing a constitutional amendment renaming the national research university fund as the Texas University Fund, providing for the appropriation of certain investment income from the economic stabilization fund to the Texas University Fund, excepting appropriations to and from the Texas University Fund from the constitutional limit on the rate of growth of appropriations, and appropriating money from the general revenue fund to the Texas University Fund to be spent for purposes of providing funding to certain public institutions of higher education to achieve national prominence as major research universities and drive the state economy
Proposing a constitutional amendment establishing a limitation on the total amount of ad valorem taxes that certain political subdivisions may impose on the residence homesteads of persons who are disabled or elderly.
Proposing a constitutional amendment to require the legislature to appropriate funds to state institutions of higher education to fund certain education programs for veterans.
Proposing a constitutional amendment establishing a limitation on the total amount of ad valorem taxes that certain political subdivisions may impose on the residence homesteads of persons who are disabled or elderly.
Proposing a constitutional amendment establishing a limitation on the total amount of ad valorem taxes that certain political subdivisions may impose on the residence homesteads of persons who are disabled or elderly.
Proposing a constitutional amendment to require the legislature to appropriate funds to state institutions of higher education to fund certain education benefits provided to veterans and family members of veterans.
Commemorating the 10th anniversary of Texas Tech University Health Sciences Center El Paso becoming an independent university within the Texas Tech University System.
Relating to the period for which an applicant for admission as an undergraduate student to a public institution of higher education is entitled to an academic fresh start.
Relating to support for nursing-related postsecondary education including the provision of loan repayment assistance to nursing faculty and the provision of grants to nursing education programs.
Relating to requiring public institutions of higher education to make available to students certain pregnancy–related informational materials published by the Department of State Health Services.
Relating to the requirements for a public junior college to receive approval from the Texas Higher Education Coordinating Board to offer a baccalaureate degree program.
Relating to tuition and fee exemptions at public institutions of higher education for certain students who were under the conservatorship of the Department of Family and Protective Services.
Relating to the establishment of the Texas Emergency Aid for Public Postsecondary Students (TEAPPS) grant program for students at certain public institutions of higher education.
Relating to the measures to encourage eligible students to claim certain tuition and fee exemptions at public institutions of higher education for students who are or have been in foster or other residential care.
Relating to the establishment of the Texas Competency-Based Education Grant Program for certain students enrolled in competency-based baccalaureate degree programs and to formula funding and dropped and repeated course restrictions for students enrolled in those degree programs at public institutions of higher education.
Relating to providing information to undergraduate students regarding certain fixed or flat tuition rates provided by certain public institutions of higher education.
Relating to requiring the consideration of standardized test scores as a factor in nonautomatic admissions decisions at certain public institutions of higher education.
Relating to requiring prior approval by the Texas Higher Education Coordinating Board to offer a degree or certificate program to certain persons who are incarcerated or subject to involuntary civil commitment.
Relating to the provision of information regarding mental health and suicide prevention services to entering students at public institutions of higher education.
Relating to the development of a state information technology credential offered by public junior colleges to address shortages in the state information resources workforce.
Relating to the protection of personally identifiable student information and the use of covered information by an operator or educational entity; authorizing a civil and administrative penalty.
Relating to eligibility for tuition and fee exemptions at public institutions of higher education for certain students who were under the conservatorship of the Department of Family and Protective Services.
Relating to establishing the Rural Pathway Excellence Partnership (R-PEP) program and creating an allotment and outcomes bonus under the Foundation School Program to support the program.
Relating to the requirement that providers of active shooter training at public schools and institutions of higher education obtain a certificate issued by the Texas Commission on Law Enforcement.
Relating to the creation of a new university in Nacogdoches, Texas, within The University of Texas System; abolishing Stephen F. Austin State University.
Relating to the service of and certain benefits for members of the Texas military forces, including tuition assistance at postsecondary educational institutions.
Relating to requirements regarding certain student resources provided to public and private school students by a public or private primary or secondary school, institution of higher education, state agency, or public library.
Relating to the development of a state information technology credential offered by public junior colleges to address shortages in the state information resources workforce.
Relating to a requirement that certain students, interns, residents, and fellows receiving a clinical education at public or nonprofit hospitals receive an annual comprehensive health examination.
Relating to use of the name, image, or likeness of a student athlete participating in an intercollegiate athletic program at an institution of higher education.
Proposing a constitutional amendment to entitle all component institutions of The Texas A&M University System and The University of Texas System to participate in the income and other benefits of the permanent university fund.
Proposing a constitutional amendment creating a university research fund to support emerging research universities in The University of Texas System or The Texas A&M University System and disqualifying all component institutions of those university systems from receiving money from the national research university fund.
Proposing a constitutional amendment dedicating to the national research university fund a portion of certain income from the lease for oil and gas exploration of land dedicated to the permanent university fund.
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8 responses to “Texas Legislature Higher Ed Bill Tracker”
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[…] of the American Association of University Professors has come out against both of these bills and is tracking several others it says would erode public […]
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