Updated Sept. 21, 2023.

The UT Austin AAUP Chapter is very concerned about the level of employment protections currently afforded to tenured faculty at the 14 UT institutions.

Texas Senate Bill 18, which was signed into law on June 14, 2023, and took effect Sept. 1, 2023, defines tenure, changes post-tenure review policies, defines 10 reasons to dismiss a tenured faculty member, and adds the option for adoption of summary (immediate) dismissal of tenured faculty members. Of the ten reasons to dismiss a tenured faculty member, seven are vague and open to wide interpretation and abuse. The summary dismissal assumes the faculty member is guilty until proven innocent. Please see the Texas AAUP analysis of SB 18 for more information.

The UT Board of Regents adopted SB 18 with minor clarifications, and these updated Regents Rules now govern the dismissal of tenured faculty at all 14 UT institutions.  This is because none of the UT institutions had enough time to update their campus policies to comply with SB 18 by the Sept 1 deadline because the UT Board of Regents (BoR) had not adopted their changes until August 24.

The changes to the UT Regents Rules are essentially copied and pasted from SB 18.  Here’s a summary of the changes.  Red lines indicate changes released by the BoR on July 27th.  Yellow highlights indicate the mostly minor changes after the BoR received feedback from faculty and administrators.  Very few of the UT Austin AAUP Chapter’s suggestions were implemented.

In short, tenure dismissal policies at the 14 UT institutions are not in compliance with either SB 18 or the UT Regents Rules adopted to comply with SB 18.  At UT Austin, a committee of administrators and faculty senate leaders are developing campus policies for tenure dismissal.  

Every UT component institution will have a lot of work to do this Fall 2023 semester to create their own campus policies to provide strong protections for academic freedom, tenure, and shared governance per AAUP principles:

• The Faculty Senates for the UT component institutions could coordinate efforts through the UT System Faculty Advisory Council of the Faculty Senate Presidents and President-Elects
• AAUP Members and AAUP Chapters at UT component institutions could also contribute. Texas AAUP Conference Interim President Brian Evans is available to help (halftoning@juno.com) — he’s a former Faculty Senate President at UT Austin.
• The Faculty Senate at Texas Tech developed a model policy for implementing SB 18. That effort was led by J. Lewis Held (jerry.held@ttu.edu) who has offered to help other faculty members develop institutional policies.

Take the survey – Completion time 10 minutes

The Georgia, North Carolina and Texas Conferences of the American Association of University Professors [AAUP],  the United Faculty of Florida, and Texas Faculty Association have been at the forefront of fighting attacks on tenure and academic freedom. To assist us in that fight, we would like to know your opinion as a faculty member in those states.

We’re inviting faculty from community colleges, public universities, private universities, and health-related institutions to complete the survey.  We’re trying to assess the impact of State Laws on public and private institutions.

The survey will accept responses until Friday Sep. 1, 2023, at 5pm Eastern. From there the survey organizers will release its results through media and other platforms. 

Leaders of the AAUP, UFF, and TFA will maintain control of the results database. We may share overall results with administrations, faculty, and the media. No information about your personal identity is being collected. All questions are optional, but please answer as many as you feel comfortable with.

Please forward this message to other colleagues and post on social media.  Consider joining AAUP — here are several reasons.

Just want to let you know that my tenure as president of the Texas AAUP Conference ended on Friday, June 30, 2023. Brian Evans, our VP, assumed the duties of President on July 1, 2023, and will finish out the remainder of this 2-year term. As you probably know, Brian has been leading our efforts in advocating for academic freedom, tenure, and DEI with the Texas legislature. This past spring Brian spent many hours at the Capital, working alongside our AFT partners and other organizations to protect higher education and faculty rights. We owe him much gratitude for his continuing efforts.

Please know that I will still be active in AAUP, and will be glad to help educate your faculty about shared governance and academic freedom, or to advise in any other way. I recently became Interim Dean of the College of Business at UHV, and am having to devote much time to turning things around; hence the decision to step aside at this time.

Finally, with Brian becoming Interim President, we will need someone to take over as Interim Vice-President. As we have seen over the course of this year, academic freedom is not free, and now, more than ever, we need everyone to be actively involved. If you are interested in taking on a leadership role, and want to learn more about what is involved, please reach out to Brian, Jim or Theresa Klein, Lynn Tatum, Ann McGlashan, or myself. The most important attribute for someone in this office, quite simply, is a commitment to the ideals that historically have made higher education in the U.S. the best in the world.

In solidarity,

Jeff

Jeff Blodgett, PhD

jeffblodgett@aaup-texas.org
phone: (281) 910-7858

To reach out to faculty to help develop DEI and tenure policies with their campus and system administrations in light of the DEI bill (SB 17) and tenure bill (SB 18), Brian Evans (Texas AAUP VP) presented the Webinar

“Faculty Roles in Developing Policies for the New DEI and Tenure Laws”, June 23, 2023, with slides and videorecording

He summarized SB 17 and 18, and proposed several campus and system policies to implement them. He gave the presentation to the Texas Council of Faculty Senates to ask its members — Faculty Senate Presidents and Presidents-Elect of the four-year public universities in Texas — to work with their campus and system administrations to develop policies for SB 17 and SB 18 and encourage other faculty members to do so. Faculty Senates should already be integral in campus and system decision-making related to faculty and the institution as a whole.

Time is short:

• Tenure.  SB 18 specifically requires each governing board to “seek advice and comment from the institution’s faculty”.  Each governing board must submit its updated policies on tenure, post-tenure review, and dismissal of tenured faculty under SB 18 by Sept. 1, 2023, to the Texas Higher Ed Coordinating Board.  Prior to that, the new policies policies would have to be developed in conjunction with each component institution and approved by the Board of Governors.
• Diversity, Equity, and Inclusion (DEI).  The State Budget forbids the use of State Funding for DEI offices and officers as of Sept. 1, 2023, so all DEI offices and positions at public universities and community colleges would have to be discontinued by Sept. 1.  Under SB 17, university systems and community college districts, as well as individual institutions, would have to create new policies concerning the ban on DEI and fully implement them before Jan. 1, 2024.

As part of shared governance at our public universities and community colleges, faculty and administrators at all levels should reach out to the Faculty Senate President, Provost Office, and Chief Academic Affairs Officer in their university system or community college district to make sure faculty and administrators have a voice in the development of policies and the implementation for SB 17, SB 18, and other new State laws.   Students and staff should also have a voice.

Updated September 21, 2025.

For an updated version, please see the Texas AAUP-AFT blog post

Join AAUP to Strengthen Faculty Rights and Voices

Updated May 30, 2023.

SB 16 as revised and passed by the Senate in April requires that a faculty member “may not compel or attempt to compel a student enrolled at the institution to adopt a belief that any race, sex, or ethnicity or social, political, or religious belief is inherently superior to any other race, sex, ethnicity, or belief.”

This prohibition applies to any interaction between a faculty member and a student at the institution and carries a penalty of termination of the faculty member for violating this provision, regardless of tenure status.

This bill censors speech on the topics of race, sex, and ethnicity as well as social, political, and religious beliefs, both inside and outside the classroom.

This bill did not advance in the House during the regular Legislative session — it never received a hearing by the House Higher Education Committee.

Resources

• Talking points on bills limiting academic freedom, eliminating tenure and banning DEI practices (SB 16, 17, 18) April 29, 2023
• Op-ed: T. Scott Johnson, “Opinion: Texas SB 16 Set to Undermine Academic Integrity“, Caller Times, USA Today Network, April 28, 2023.
• AAUP/AFT Analysis of Texas SB 16, 17 & 18 (see SB 16)
• Banning CRT: one-page white paper and two-page talking points
• Texas AAUP Supporting Higher Education Values in Texas, Feb. 2023

Updated Sept. 12, 2023.

On June 14, 2023, Gov. Greg Abbott signed the House version of SB 18 into law which the Senate had adopted on May 27, 2023. The House version of SB 18 which regulates tenure is completely differently from the original Senate version of SB 18 filed in March that sought to ban the future granting of tenure.

SB 18, as signed by Gov. Abbott, codifies a tenure system with dangerously broad grounds for termination and without the due process provisions adopted by more than 1300 colleges and universities [7], including competitors to our public universities and community colleges across the country.

The dangerously broad grounds of termination in Section 3(c-1) include

• exhibited professional incompetence
• failed to perform duties or meet professional responsibilities
• engaged in conduct involving moral turpitude
• violated laws or university system or institution policies
• engaged in unprofessional conduct that adversely affects the institution
• violated … university system or institution policies
• other good cause as defined in the institution’s policies

and can be weaponized by an administrator to get rid of a faculty member they don’t like.

Section 3(c-1) adds for the first time in State statute the termination of a faculty member as a result of a post-tenure review.

Section 3(c-4) sets minimum standards for an institution if it decides to adopt summary (“immediate”) dismissal of tenured faculty members. This section does not codify the faculty member being allowed to examine the evidence presented against them, cross-examine witnesses, have hearing in front of a faculty committee, or finish the grievance process before termination. This section does not provide the checks and balances by a faculty committee and other processes accepted nationally by more than 1300 colleges and universities [7].

Please see

• Slides. Lauren Gutterman and Brian Evans, UT Austin AAUP Chapter Meeting, “New Texas Tenure Law“, Sep. 9, 2023.
• UT System Policies. UT System Revamps Tenure Rules to Comply with Texas SB 18 and each UT component institution will be developing its own campus policy during Fall 2023.
• Webinar. Beaman Floyd, Legislative Director, Texas Association of College Teachers, “New Laws That Affect You This Fall“, Aug. 2, 2023. Discussion of tenure, post-tenure review, and summary dismissal policies due to SB 18 followed by a discussion of anti-DEI bill SB 17.
• Webinar. Brian Evans, Texas AAUP/TCFS Meeting, “Faculty Roles in Developing Policies for the New DEI and Tenure Laws” for compliance with SB 17 and 18, with slides & YouTube recording, June 23, 2023

Below is an introduction to faculty tenure, comparison of the House and Senate versions of anti-tenure SB 18, talking points, and a summary and analysis of both versions of the bill.

Faculty Tenure

“A tenured appointment is an indefinite appointment that can be terminated only for cause or under extraordinary circumstances such as financial exigency and program discontinuation”. [AAUP] Tenure is a vital protection for professors in developing, discussing, and disseminating knowledge from all viewpoints, including conservative, moderate, liberal, and apolitical. Tenure allows the full freedom to foster critical thinking and intellectual exploration by students. Tenured professors take on long-term curriculum development, research projects, and leadership positions vital to students. Tenure-track professors are rigorously evaluated in teaching, research, and service over a six-year period by internal and external experts, and those who do not earn tenure are dismissed. About 50% of the faculty at UT Austin and 70% at Texas A&M University are either tenured or on the tenure track, as is common for Tier-1 Universities. For more information, see Talking points on bills limiting academic freedom, eliminating tenure and banning DEI practices (SB 16, 17, 18), April 29, 2023.

Quick Comparison of the Senate and House Versions of SB 18

• Senate: Prohibits hiring of tenure and tenure-track faculty after Jan. 1, 2024. Allows faculty tenured before Jan. 1, 2024, to remain tenured.
• House. Codifies a weak faculty tenure system that lacks due process provisions commonly afforded tenured faculty nationally.
• Talking Points: See “Texas AAUP Press Release for House passes Senate Bill 18“, May 23, 2023.

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 version of SB 16 17, and18 that passed the Senate.
• “How the National Tenure System is Critical to Being Competitive for Federal Research Grants to Public Universities in Texas: A STEM Perspective“, May 22, 2023
• Brian L. Evans, Tenured and Tenure-Track Faculty in the United States, Texas A&M & UT Austin, Apr. 3, 2023. Why tenured and tenure-track faculty are critical to universities achieving and maintaining R1 and R2 doctoral granting institution status.

Chronology

Senate Version. In April, the Senate passed SB 18 to eliminate future offerings of tenure:

• Prohibits hiring of tenured and tenure-track faculty after Jan. 1, 2024
• Allows faculty tenured before Jan. 1, 2024, to remain tenured

House Committee Substitute. On May 8, 2023, the House Higher Education Committee heard the House committee substitute of SB 18 and on May 12, 2023, approved it along party lines (6 Republicans, 5 Democrats).

Compared to the version that passed the Senate, House committee substitute of SB 18 is a different kind of anti-tenure bill in that it maintains a system of tenure but tenure in name only:

• Can be read to define tenure as a one-year guaranteed employment contract subject to annual renewal in Section 3(c)
• Severely restricts due process protections under the 14th Amendment for tenured faculty for termination and other discipline in Section 3(c)
• Provides reasons open to wide interpretation and abuse for termination of tenured faculty members for cause in Section 3(c-1)(A)(2) including
  • engaged in unprofessional conduct that adversely affects the institution
  • moral turpitude
  • violated … university system or institution policies substantially related to the performance of the faculty member ’s duties
• Adds Legislature and Governing Board involvement on tenure and post-tenure review processes that are normally institutional decisions
• Lacks in Section 3(c-4) national due process provisions for tenured faculty members that were jointly formulated by American Association of University Professors, University Presidents, and Governing Boards, and adopted by 1300 colleges and universities [7]

House Version. On May 22, 2023, the Texas House debated, amended, and approved the second reading of the bill. Amendments #2 and #4-11 that would have brought the bill closer to the national AAUP tenure standards adopted by more than 1300 colleges and universities, but only one passed. Rep. Sheryl Cole introduced, and bill author Chair John Kuempel accepted, the following amendment to to fix the two issues in Section 3(c) mentioned above. The new wording adopted for Section 3(c) follows:

The granting of tenure may not be construed to create a property interest in any attribute of a faculty position beyond a faculty members continuing employment, including his or her regular annual salary, and any privileges incident to his or her status as a tenured professor.

It has the other drawbacks discussed above under “House Committee Substitute”.

On May 23, 2023, the Texas House approved the third and final reading of SB 18 without any further amendments.

On May 27, 2023, the Texas Senate voted to adopt the House version of SB 18, after voting against the same version two days earlier.

Bill Analysis

Whereas the Senate version of SB 18 outright bans new awards of tenure, the House version keeps tenure. For those with tenure, the House committee substitute greatly expands the number and types of activities that could lead to termination for cause in Section 3(c-1). At least three of these activities are ill-defined and open to wide interpretation by college and university administrators:

• engaged in unprofessional conduct that adversely affects the institution
• moral turpitude
• violated … university system or institution policies substantially related to the performance of the faculty member ’s duties

Section 3(c-1) adds for the first time in State statute the termination of a faculty member as a result of a post-tenure review:

failed to successfully complete any post-tenure review professional development program

The House version of SB 18 codifies a weak tenure system that lacks the due process provisions recommended by the American Association of University Professors (AAUP). Section 3(c-4) does not codify the faculty member being allowed to see the evidence presented against them, cross-examine witnesses, have hearing or the equivalent in front of a faculty committee, or finish the grievance process before termination.

Texas AAUP is opposed to Senate version of SB 18 and the House version of SB 18 substitute. Given the choice among the two, the Texas AAUP strongly recommends that the Senate accepts the House version of SB 18.

For more information, please see

[1] Brian Evans, Texas AAUP / TCFS Meeting, “Faculty Roles in Developing Policies for the New DEI and Tenure Laws” for compliance with SB 17 and 18, with slides & YouTube recording available, June 23, 2023.
[2] Texas AAUP Conference Press Release on Passage of SB 18, May 27, 2023
[3] “Texas AAUP Press Release for House passes Senate Bill 18“, May 23, 2023.
[4] “How the National Tenure System is Critical to Being Competitive for Federal Research Grants to Public Universities in Texas: A STEM Perspective“, May 22, 2023
[5] Statement Against SB 18 by Texas AAUP and TACT, May 16, 2023
[6] Texas AAUP Response to the Passage of Anti-DEI and Anti-Tenure Bills by the Texas House Higher Education Committee, May 13, 2023
[7] National AAUP standards for tenure including due process for tenured faculty members include

• 1940 Statement of Principles on Academic Freedom & Tenure, jointly formulated by American Association of Colleges & Universities representing college and university administrations and the American Association of University Professors representing professors. AAC&U has more than 800 college and university members.
• 1966 Statement on Government of Colleges and Universities, jointly formulated by the American Association of University Professors, American Council on Education, and Association of Governing Boards of Universities & Colleges. The AAUP represents faculty members, ACE represents university administrations, and AGB represents University Systems, Boards of Regents and Boards of Trustees. ACE has more than 1500 college and university members and AGB has more than 1300 college, university, and system members.

Advocacy Resources

• Texas AAUP Response to the Passage of Anti-DEI and Anti-Tenure Bills by the Texas House Higher Education Committee, May 13, 2023
• Statement Against SB 18 by Texas AAUP and TACT, May 10, 2023
• Submitted Comments on SB 18, May 8, 2023
• Talking points on bills limiting academic freedom, eliminating tenure and banning DEI practices (SB 16, 17, 18) April 29, 2023
• Op-Ed: Adam Sitze, “Tenure Is a Founding American Value“, Inside Higher Ed, April 17, 2023.
• Eliminating tenure: one-page white paper and two-page talking points
• Brian L. Evans, Tenured and Tenure-Track Faculty in the United States, Texas A&M & UT Austin, Apr. 3, 2023
• Op-Ed: Jen Ebbeler, “What Ending Tenure Would Mean to Texas“, Inside Higher Ed, April 20, 2023.
• Op-Ed: Andrea Gore, “UT scientist: Killing tenure would ruin the state’s research universities“, Houston Chronicle, March 24, 2023.
• Texas AAUP Supporting Higher Education Values in Texas, Feb. 2023
• AAUP & AFT Analysis of SB 16, 17 & 18 (original versions of the bills)

Updated Sept. 12, 2023.

Below is an introduction to diversity, equity and inclusion (DEI), summary of SB 17, analysis of SB 17, a comparison of the House and Senate versions of SB 17, and talking points. On May 27, 2023, the SB 17 Conference Committee published a report with the reconciled version of the bill, which was adopted 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.

Texas AAUP Conf. Press Release on Passage of SB 17, May 28, 2023

Please see

• Webinar. Brian Evans, Texas AAUP/TCFS Meeting, “Faculty Roles in Developing Policies for the New DEI and Tenure Laws” for compliance with SB 17 and 18, with slides & YouTube recording, June 23, 2023
• Webinar. Beaman Floyd, Legislative Director, Texas Association of College Teachers, “New Laws That Affect You This Fall“, Aug. 2, 2023. Discussion of tenure, post-tenure review, and summary dismissal policies due to SB 18 followed by a discussion of anti-DEI bill SB 17.

Introduction to 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.

Summary of SB 17

SB17 modifies Texas Education Code Chapter 51 Subchapter G on responsibilities of governing boards, system administrations, and institutions.

It defines a diversity, equity, and inclusion (DEI) office per Sec. 1(a) as

• Influencing hiring or employment practices w/r to race, color, ethnicity or sex
• Promoting differential treatment to individuals on basis of race, color, or ethnicity
• Promoting policies or procedures w/r to race, color, or ethnicity
• Conducting trainings, programs, or other activities designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation

Bans per Sec. 1(b)

• DEI offices, officers, programs, practices, and trainings
• Requirement of, or providing preferential treatment for, a DEI statement
• Preference on basis of race, sex, color, ethnicity, or national origin to an applicant for employment, an employee, or a participant in any function of institution
• An employee or third party from performing the duties of a DEI office

Exceptions to the DEI ban are given in Sec 1(d):

• Academic course instruction
• Scholarly research or a creative work
• Student organizations
• Guest speakers
• Enhance student academic achievement or postgraduate outcomes that is designed and implemented without regard to race, sex, color, or ethnicity
• Data Collection
• Student recruitment or admissions

When applying for grants or complying with terms for accreditation, one can submit a statement highlighting the institution’s work in supporting first-generation, low-income, and underserved student populations in Sec 1(c).

Penalties are proscribed for individuals and institutions. Penalties for faculty, staff, and contractors per Sec 1(b)(2)

• Policies and procedures developed by each Governing Board
• Discipline is up to and including termination for any employee or contractor who engages in conduct banned on the previous slide

Institutional compliance and penalties:

• Institution may not spend State funds each year until Governing Board certifies compliance per Sec. 1(e)
• If a state auditor finds an institution out of compliance, and the institution does not get into compliance, the institution loses formula funding increases, institutional enhancements, or exceptional items in the next biennium per Sec. 1(h)

Student or employee may sue if required to participate in DEI training per Sec. 1(i).

Analysis of SB 17

The bill regulates all interactions at a public university or community college and employees face termination if they violate the ban on DEI programs and policies, the latter which are vaguely defined. Given the penalties, faculty and staff will self-censor in their interactions with students to avoid any perception that they might be violating some aspect of the bill.  Where’s the line not to cross?

How do the 76 public Hispanic Serving Institutions (HSIs) and 2 public Historically Black Colleges and Universities serve their diverse populations?  Impact on Title V federal grants for HSIs? (See “A Texas Briefing of 25 Years of HSIs”).

How will the State reach its workforce development goals?  All demographics must be reached.  Of 4M people added to Texas population 2010-2020, 95% are people of color. (See “People of color make up 95% of Texas’ population growth, and cities and suburbs are booming, 2020 census shows“.)

Research expenditures at Texas public universities and health-related institutions reached $5.44 billion in FY 2020.  Of the $5.44B/year, $3B/year is from federal sources and $1B/year from private sources. (See “How Senate Bill 17 and Banning DEI Jeopardizes University Research Funding: A STEM Perspective“).

Increasingly, grant opportunities from the major federal granting agencies in the US require DEI programs and infrastructure. The goal is to keep America’s technological and engineering advantage by including every talented person in the STEM workforce. (See “Professor Association Responds to the Passage of Anti-DEI and Anti-Tenure Bills by the Texas House Higher Education Committee”).

These efforts include all major agencies supporting research in STEM (including the National Science Foundation, National Institutes of Health, Department of Energy, and Department of Defense) and other fields, requiring evidence that grant monies will be used in both innovative research and workforce development and diversification, including DEI.

Example:  For all grants starting FY 2023, the Dept. of Energy Office of Science ($8B in annual budget) “will require applicants to submit a Promoting Inclusive and Equitable Research (PIER) Plan as an appendix to their proposal narrative. PIER Plans should describe the activities and strategies applicants will incorporate to promote diversity, equity, inclusion, and accessibility in their research projects. PIER Plans will be evaluated as part of the merit review process and will be used to inform funding decisions.” (See “How Senate Bill 17 and Banning DEI Jeopardizes University Research Funding: A STEM Perspective“).

What provisions under SB 17 will support infrastructure that will satisfy the workforce development requirements of federal and private grant funding agencies? What’s the impact on applying and being competitive for grants that require DEI with respect to race, color, ethnicity or sex?  $1.5B/year in grants at risk.  STEM grants from NSF, NIH, and DoE.  Title VI federal grants for international area studies and world languages programs also at risk. (See “How Senate Bill 17 and Banning DEI Jeopardizes University Research Funding: A STEM Perspective“ and “Professor Association Responds to the Passage of Anti-DEI and Anti-Tenure Bills by the Texas House Higher Education Committee”).

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.

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

May 6th, 2023

The House Higher Education Committee heard SB 18 on Monday, May 8, 2023, at 8am. Here’s the hearing notice.

SB 18 As Passed by the Senate, April 20, 2023

• Prohibits hiring of tenured and tenure-track faculty after Jan. 1, 2024
• Allows faculty tenured before Jan. 1, 2024, to remain tenured

Committee Substitute for SB 18, May 8, 2023

• Completely different from the version passed by the Senate
• Allows the continuation of hiring of tenured and tenure-track faculty
• Adds Legislature and Governing Board involvement on tenure and post-tenure review processes that are normally institutional decisions
• Provides several reasons for cause to terminate tenured faculty members that are not defined and open to wide interpretation by administrators
• Severely limits faculty due process rights to respond to notice of termination

Joint TACT-TxAAUP Statement Against SB 18, May 10, 2023

Why testify on May 8th?

• Last chance for public testimony on SB 18
• If the committee approves SB 18, then SB 18 could have a clear path to become law
• Any changes to SB 18 made by the House Higher Ed Committee could be reversed later on the House floor or in Conference Committee

Testimony presentation options

• In Person: 2 min. (250-270 words) and have an additional 1 min. ready if allowed -OR-
• Electronic: submit a testimony online of 3000 characters or less until Monday 8am

Testimony content

• Start with something like “I’m ____, and I’m speaking for myself as a private individual.  I am testifying [against/for/on] SB 18.  I am also a [professor/staff member/student] in [discipline] at [institution]”. If you are a professor, then you could include your tenure status in your testimony, esp. since this is about SB 18.
• Tell your story; e.g. in your experience,
  • how has tenure helped you and others on your campus?
  • why did you take a tenure-track position (if applicable)?
• Tenure is a necessary guarantee of academic freedom in teaching, research, and expression. (Academic freedom is the freedom from censorship by the institution or the government.) Tenure protects developing and disseminating new knowledge from all viewpoints, including conservative, moderate, liberal, and apolitical
• What effect would SB 18’s ban on the future granting of tenure have?
  • Recruiting & retention of students, staff, faculty, and administrators
  • Workforce development — training the next generation of workers
  • Financial impact
    • External grants?  These grants are used to train the next generation of workers (workforce development)
    • Faculty hiring? Need to raise salaries to compete with compensation at companies (salaries, bonuses, stock, etc.)
  • Quality, prestige, and ranking of public colleges and universities.
  • Please see additional talking points next

Talking Points and Resources

• Joint TACT-TxAAUP Statement Against SB 18, May 10, 2023
• Analysis of Committee Substitutes for SB 17 and SB 18, May 7, 2023
• Talking points on SB 16, 17 and 18 by Texas AAUP, April 29, 2023
• Tenured & Tenure-Track Faculty in the United States, Texas A&M & UT Austin, Apr. 2023, shows the mixture of tenure-track, tenured and contingent faculty vary with the institutional mission
• “How Senate Bill 17 and Banning Diversity, Equity and Inclusion (DEI) Jeopardizes University Research Funding: A STEM Perspective“, April 15, 2023. Discusses STEM research funding in Texas public higher ed.
• One-page white paper and two-page talking points by TFC
• SB 18 testimonies from the Senate Higher Ed Subcommittee Hearings
• Contacting House Higher Ed Members and the colleges/universities in their districts
• Advocacy Resources and Higher Ed Bill Tracker by Texas AAUP

Logistics on May 8th:

• How to testify infographic (parking, registration to testify, etc.)
• Guide to Testifying by the Texas Election Reform Commission (more details)

Here’s example timeline on May 8, 2023:

•   7:15am Park in Capitol Visitor’s Parking, 1201 San Jacinto Blvd, Austin, TX 78701
•   7:30am Register at the kiosks in the Capitol Extension.
•   8:00am House Higher Ed Committee hearing starts in E2.010
•   9:45am House Higher Ed Committee hearing will be suspended until 6pm or 7pm for the House to convene.  While the committee hearing is suspended, you can stay on site (e.g. in the Capitol Grill) or go off site.
• 6:00pm or 7:00pm House Higher Education Committee resumes and will likely continue past midnight.

Acknowledgement. We’re a collaborative effort among Texas American Association of University Professors (AAUP), Texas American Federation of Teachers (AFT), Texas Faculty Association (TFA), Texas Association of College Teachers (TACT), Texas Faculty Coalition (TFC), NAACP Legal Defense Fund, Black Brown Dialogues on Policy, and many more advocacy organizations.

The House Higher Education Committee heard SB 17 on Monday, May 8, 2023, at 8am. Here’s the hearing notice.

SB 17 As Passed by the Senate, April 19, 2023

• Bans DEI offices, officers, practices, and programs
• Exceptions include academic courses instruction, student orgs and admissions
• Employees violating the bill would face discipline, including termination
• Institutions not in compliance lose one year of State funding

Committee Substitute for SB 17, May 8, 2023

• Still bans DEI offices, officers, practices, and programs
• Adds exceptions for federal grants and contracts and accreditation
• Removes penalties for institutions not in compliance
• Keep penalties for employees violating the bill

Joint TACT-TxAAUP Statement Against SB 17, May 11, 2023 (TBA)

Why testify on May 8th?

• Last chance for public testimony on SB 17
• If the committee approves SB 17, then SB 17 could have a clear path to become law
• Any changes to SB 17 made by the House Higher Ed Committee could be reversed later on the House floor or in Conference Committee

Testimony presentation options

• In Person: 2 min. (250-270 words) and have an additional 1 min. ready if allowed -OR-
• Electronic: submit a testimony online of 3000 characters or less until Monday 8am

Testimony content

• Start with something like “I’m ____, and I’m speaking for myself as a private individual.  I am testifying [against/for/on] SB 17.  I am also a [professor/staff member/student] in [discipline] at [institution]”.
• Tell your story; e.g. in your experience, how has DEI on your campus
  • been effective for you and people you know?
  • been effective during the first 18 months of the pandemic?
  • been beneficial to all students?
• What effect would SB 17’s ban on DEI and its penalties have?
  • Recruiting & retention of students, staff, faculty, and administrators
  • Workforce development — training the next generation of workers
  • Financial impact: Effect on external grants?  These grants are used to train the next generation of workers (workforce development).
  • Quality, prestige, and ranking of public colleges and universities
  • Please see additional talking points next

Talking Points and Resources

• Joint TACT-TxAAUP Statement Against SB 17, May 11, 2023
• Analysis of Committee Substitutes for SB 17 and SB 18, May 7, 2023
• Talking Points by the Texas Legislative Education Equity Coalition
• Talking points on SB 16, 17 and 18 by Texas AAUP, April 29, 2023
• “How Senate Bill 17 and Banning Diversity, Equity and Inclusion (DEI) Jeopardizes University Research Funding: A STEM Perspective“, April 15, 2023.
• One-page white paper and four-page talking points by TFC
• SB 17 testimonies from the Senate Higher Ed Subcommittee Hearings
• Contacting House Higher Ed Members and the colleges/universities in their districts
• Advocacy Resources and Higher Ed Bill Tracker by Texas AAUP

Logistics on May 8th:

• How to testify infographic (parking, registration to testify, etc.)
• Guide to Testifying by the Texas Election Reform Commission (more details)

Here’s example timeline on May 8, 2023:

•   7:15am Park in Capitol Visitor’s Parking, 1201 San Jacinto Blvd, Austin, TX 78701
•   7:30am Register at the kiosks in the Capitol Extension.
•   8:00am House Higher Ed Committee hearing starts in E2.010
•   9:45am House Higher Ed Committee hearing will be suspended until 6pm or 7pm for the House to convene.  While the committee hearing is suspended, you can stay on site (e.g. in the Capitol Grill) or go off site.
• 6:00pm or 7:00pm House Higher Education Committee resumes and will likely continue past midnight.

Acknowledgement. We’re a collaborative effort among Texas American Association of University Professors (AAUP), Texas American Federation of Teachers (AFT), Texas Faculty Association (TFA), Texas Association of College Teachers (TACT), Texas Faculty Coalition (TFC), NAACP Legal Defense Fund, Black Brown Dialogues on Policy, and many other advocacy organizations.