Senate Bill 17 Guidance
General Counsel
Diversity, Equity, and Inclusion (DEI) Frequently Asked Questions
General
Senate Bill 17 (88(R) – 2023) added Section 51.3525 of the Texas Education Code, titled
Responsibility of Governing Boards Regarding Diversity, Equity, and Inclusion Initiatives.
Senate Bill 17 took effect on January 1, 2024.
No, nothing in Senate Bill 17 alters UNT System or University obligations under federal
or state law, including the anti-discrimination requirements of Title VI & Title VII
of the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment.
Universities may not establish or maintain an office, division, or other unit (DEI Office) for the purpose of:
- influencing hiring or employment practices with respect to race, sex, color, or ethnicity, other than through the use of color-blind and sex-neutral hiring processes in accordance with any applicable state and federal anti-discrimination laws;
- promoting differential treatment of or providing special benefits to individuals on the basis of race, color, or ethnicity;
- promoting policies or procedures designed or implemented in reference to race, color, or ethnicity, other than policies or procedures approved in writing by the University’s general counsel and the Texas Higher Education Coordinating Board for the sole purpose of ensuring compliance with any applicable court order or state or federal law; or
- conducting trainings, programs, or activities designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation, other than trainings, programs, or activities developed by an attorney and approved in writing by the University’s general counsel and the Texas Higher Education Coordinating Board for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
Universities are also prohibited from:
- having a DEI Office, or an office that provides one or more of the prohibitions listed in 1 through 4 above;
- hiring or assigning an employee or contracting with a third party to perform any of the prohibitions listed in 1 through 4 above;
- compelling, requiring, or soliciting any person to provide a diversity, equity, and inclusion statement, or giving preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement;
- giving preference on the basis of race, sex, color, ethnicity, or national origin to an applicant for employment, an employee, or a participant in any function of the University;
- requiring as a condition of enrolling at the University or performing any University
function any person to participate in diversity, equity, and inclusion training which:
- includes any training, program or activity designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation; and
- does not include a training, program, or activity developed by an attorney or approved in writing by the University's General Counsel and the Texas Higher Education Coordinating Board for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
A DEI Office is an office, division, or other unit of an institution of higher education
established for the purpose of engaging in any of the prohibited actions listed in
Q4 above.
No. Institutions of higher education are prohibited from establishing or maintaining
DEI offices, other than for the sole purpose of ensuring compliance with federal or
state law.
No.
No.
Employee Recruitment
No.
No. A University must not compel, require, induce or solicit any person to provide
a DEI statement or give preferential consideration to a person based on the provision
of a DEI statement.
Student Recruitment and Admissions
No. A University must not require, as a condition of enrolling at the University,
a person to participate in DEI training, including a training, program, or activity
designed in reference to race, color, ethnicity, gender identity, or sexual orientation.
Events
Yes. Senate Bill 17 prohibits preferential treatment of groups based on race, sex,
color, or ethnicity. Events or programs that are open to everyone and do not promote
preferential treatment of any particular group based on race, sex, color, or ethnicity
are permissible.
No. Guest speakers or performers engaged on a short-term basis are permissible.
Generally no. Senate Bill 17 does not prohibit recognition of a heritage or history
day or month that emphasizes culture or history. University heritage or history day
or month recognition events should focus on history and/or culture, must be open to
everyone, must not provide preferential treatment of any one group over another based
on race, sex, color, or ethnicity, and must not require attendance by students or
employees.
Senate Bill 17 specifically states it does not apply to an activity of a student organization
registered with or recognized by an institution of higher education.
Student fees that support student organizations may be provided, in a neutral manner,
to support student organizations regardless of whether the student organizations engage
in a DEI activity. However, a University may not use a student organization as a
quasi-university department to conduct DEI activities.
Yes, so long as the event or program is open to all the department’s faculty or staff
and does not promote preferential treatment of any particular group based on race,
sex, color, or ethnicity.
Course Instruction
Yes, but only if such discussion is specifically associated with academic course instruction.
In addition, Senate Bill 17 does not apply to scholarly research or a creative work
by an instructor.
Data Collection
Generally yes. Senate Bill 17 does not apply to data collection. Universities are
often required by federal or state law to collect certain information.
A University or its employee may submit, for purposes of applying for a grant or complying with the terms of accreditation by an accrediting agency, a statement that:
- highlights the University’s work in supporting first-generation college students, low-income students, or underserved student populations; or
- certifies compliance with state and federal anti-discrimination laws.
Miscellaneous
No. A University must not compel, require, induce, or solicit any person to provide
a DEI statement or give preferential consideration to a person based on the provision
of a DEI statement.
No. A University must not require, as a condition of performing any University function,
a person to participate in DEI training, including a training, program, or activity
designed in reference to race, color, ethnicity, gender identity, or sexual orientation.
Information that promotes differential treatment or provides special benefits to certain
individuals or groups based on race, sex, color, or ethnicity is prohibited.
Yes, but only if the groups do not promote preferential treatment of any particular
group based on race, sex, color, or ethnicity and are open to all individuals, and
promote equal opportunity.
Yes. Senate Bill 17 does not prohibit employees from writing letters of recommendation
for undergraduate or graduate students.
Exceptions
The following is the full list of exceptions to which Senate Bill 17 does not apply. Many of these are explained in greater detail in the FAQs found above:
- Academic course instruction;
- 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;
- An activity of a student organization registered with or recognized by an institution of higher education;
- Guest speakers or performers on short-term engagements;
- 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;
- Data collection; or
- Student recruitment or admissions.
Further Information
For further information, please review the following documents: