Updated May 26, 2023.

Below is an introduction to diversity, equity and inclusion (DEI), comparison of the House and Senate versions of anti-DEI SB 17, talking points, ad a summary and analysis of both versions of the bill. On May 27, 2023, the SB 17 Conference Committee published a report with the reconciled version of the bill, which will be voted on by the House and Senate on May 28, 2023. The report provides a side-by-side comparison of the differences among the House, Senate, and reconciled bills on PDF pages 9-15.

Introduction to Diversity, Equity and Inclusion (DEI) Programs

DEI programs, initiatives, and committees are vital to the creation and maintenance of a safe and welcoming place to learn and work at public colleges and universities in Texas for all students, staff, and faculty. DEI programs and practices help students of all identities, beliefs, and backgrounds adapt and thrive at a college or university, both inside and outside the classroom, which will help them contribute in diverse work environments. Additional impact on workforce development is the dependence of $1B/year in federal and other grants that require a DEI plan to support 10,000 advanced degree students in STEM and allied fields. For more info, see Statement Against SB 17 by Texas AAUP and TACT, May 11, 2023.

Quick Comparison of Versions of SB 17

Both the Senate and House versions eliminate all DEI officers, officers, programs, and practices at public institutions of higher education. Both versions prohibit hiring practices based on race, gender, color or ethnicity. Professors and other employees violating the bill would face discipline, up to termination. There are differences in ban exceptions, institutional penalties, and starting date.

• Senate: Exceptions to the ban include academic courses instruction, scholarly and creative works, student orgs, and student admissions. Institutions not in compliance will lose one year of State funding. Starting date Sept. 1, 2023.
• House. Exceptions also include student recruitment. Institutions not in compliance will have 180 days to get into compliance or lose State formula funding for one year. Starting date Jan. 1, 2024.
• Talking Points: Given a choice between the two versions, the House version is a better bill because the House version (1) allows institutions to reach more potential student applicants from all demographics to help reach the State’s workforce development goals, (2) gives institutions found out of compliance 180 days to get into compliance whereas the Senate version does not allow for any time, (3) has a reduced but still devastating institutional penalties, (4) takes effect in Jan. 1, 2024, instead of Sep. 1, 2023, to give institutions to time to comply with the bill, and (5) adds a study to assess the impact of banning DEI on student success measures.

Additional Talking Points

• Talking points on bills limiting academic freedom, eliminating tenure and banning DEI practices (SB 16, 17, 18) April 29, 2023. Talking points against the versions of SB 16, 17 and 18 that passed the Senate.
• Statement Against SB 17 by Texas AAUP and TACT, May 11, 2023
• Brian Evans, Andrea Gore, Brian Korgel, Diana Marculescu, and Angela Valenzuela, “How Senate Bill 17 and Banning Diversity, Equity and Inclusion (DEI) Jeopardizes University Research Funding: A STEM Perspective“, Apr. 15, 2023.

Senate version summary. In April, the Senate revised, amended and passed SB 17 to ban diversity, equity and inclusion (DEI) offices, officers, programs, and practices

• Exceptions include academic courses instruction, scholarly and creative works, student orgs, and student admissions
• Professors and other employees violating the bill would face discipline, up to termination
• Institutions not in compliance will lose one year of State funding

House Committee version summary. On May 8, 2023, the House Higher Education Committee heard the House committee substitute of SB 17 and on May 12, 2023, approved it along party lines (6 Republicans, 5 Democrats). When compared to the SB 17 as revised and amended by the Senate, changes to House committee substitute of SB 17 include

• Exceptions to the ban on DEI programs added for grants and contracts, institutional accreditation, and student recruiting
• Removes penalties for institutions not in compliance

House version summary. On May 19, 2023, the House amended and approved the Second Reading of the House committee substitute of SB 17. Per the House record on PDF pages 22-25 and 164-184, only 2 of the 23 amendments passed. Both were by the bill’s sponsor, Rep. John Kuempel:

• Amendment #4 accepted. From the House record on PDF pages 166-168, these changes are taken from, or modified from, the version passed by the Senate, as summarized below:
  • prohibits hiring practices based on race, gender, color or ethnicity
  • prohibits policies and training based on race, gender, color or ethnicity unless required by state and/or federal law
  • removes the exception to the ban on DEI programs for grants
  • adds institutional auditing and penalties for non-compliance
  • allows a student or employee to sue an institution.
• Amendment #23 accepted. From the House record on PDF pages 183-184, the changes are summarized below.
  • institutions should make every effort to reassign employees who would otherwise be eliminated through implementation of this bill
  • creation of an annual report to study on the impact of this bill on student enrollment, GPA, retention, and completion, disaggregated by race, sex, color, ethnicity, gender identity, or sexual orientation
  • bill would take effect on January 1, 2024, instead of Sept. 1, 2023

A Third Reading occurred on Monday, May 22, 2023. None of the proposed amendments were adopted. Bill passed along party lines (83-62).

A companion bill is HB 5127.

Texas AAUP Conference remains opposed all versions of SB 17:

• Response to the Passage of Anti-DEI and Anti-Tenure Bills by the Texas House Higher Education Committee, May 13, 2023
• Statement Against SB 17 by Texas AAUP and TACT, May 11, 2023
• Brian Evans, Andrea Gore, Brian Korgel, Diana Marculescu, and Angela Valenzuela, “How Senate Bill 17 and Banning Diversity, Equity and Inclusion (DEI) Jeopardizes University Research Funding: A STEM Perspective“, Apr. 15, 2023.

Actions you can take

• Sign Defend Tenure, DEI and Academic Freedom campaign to email arguments against anti-DEI SB 17 and anti-tenure SB 18 to the House member who represents you– you can edit a draft of the arguments before emailing. We’ve updated the arguments based on the latest bill versions. Please give your address, select “Community supporter”, and hit “START WRITING”. Send often. Share the invitation with others.
• Call House members to oppose anti-DEI SB 17 and anti-tenure SB 18
• Visit Legislative Offices in your local district
• Visit Legislative Offices at the Capitol – join us Monday – Thursday
• Sign Stop Elimination of Tenure
• Other actions you can take

Resources

• Talking points on bills limiting academic freedom, eliminating tenure and banning DEI practices (SB 16, 17, 18) April 29, 2023
• AAUP & AFT Analysis of Texas SB 16, 17 & 18 (see SB 17)
• Banning DEI: one-page white paper and four-page talking points
• Demographics of UT Austin, Texas A&M and the State of Texas
• Brian Evans, Andrea Gore, Brian Korgel, Diana Marculescu, and Angela Valenzuela, “How Senate Bill 17 and Banning Diversity, Equity and Inclusion (DEI) Jeopardizes University Research Funding: A STEM Perspective“, Apr. 15, 2023.
• Op-Ed: Karma Chavez, “Opinion: Equity, inclusion, and access don’t divide us. They bring us together“, Austin American-Statesman, April 16, 2023.
• Op-Ed: Christine Julien, “DEI: What it is and why it matters in engineering“, Dallas Morning News, April 1, 2023.
• Christine Julien (Assoc. Dean DEI, College of Engineering, UT Austin) and Darren Kelly (Assoc. VP, Division of Diversity & Community Engagement, UT Austin) invited testimony to the Senate Education Committee on April 12, 2023, see videorecording from 1:46 to 30:41.
• Legislative Black Caucus press conference opposing Gov. Abbott’s anti-DEI agenda
• Gov. Abbott tells state agencies to stop considering diversity in hiring