Texas Legislature approves state budget that defunds DEI programs in public universities

The Texas Legislature has approved the state's budget for the next biennium with a provision prohibiting the use of state money for "unconstitutional" diversity, equity and inclusion programs and practices at public higher education institutions.

House Bill 1 states that colleges and universities can't use state funds for the "design, implementation, or administration" of DEI programs and practices that don't comply with Sections 3 and 3a in Article I of the Texas Constitution. The ban includes "the hiring and supervision of employees, mandatory or recommended training, or programmed activities."

Section 3 states that everyone has equal rights and no one is entitled to special privileges, while Section 3a mandates that "equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin."

The House approved the $321.3 billion budget proposal in a 124-22 vote Saturday, after the Senate approved by a 29-2 vote a day earlier. Texas lawmakers are constitutionally required to pass a budget before the end of the legislative session, which came Monday.

Texas House committee: Texas students wait up to 19 hours to testify against bill to ban college DEI offices

The legislation provides nearly $43 billion in funding over two years for higher education, and it now heads to Texas Comptroller Glenn Hegar to confirm the budget is balanced. Then it will go to Gov. Greg Abbott for approval, although Abbott can cut any line items as he sees fit.

During budget debate Friday, Sen. Royce West, D-Dallas, questioned whether the bill would affect funding for the state's Historically Underutilized Business Program if universities currently house those programs within DEI offices. The program promotes opportunities for small businesses owned by people of color and women.

Sen. Brandon Creighton, R-Conroe, who authored a similar college DEI funding ban in the Senate's initial draft budget, said the legislation would affect the program's funding if it was in a DEI unit.

However, he said universities could still fund certain programs if they, like the HUB Program, existed before the establishment of a school's DEI office, didn't "carry out DEI activities" and are separated from any DEI units within a school once the bill becomes law. The bill also doesn't prohibit colleges from using private money on DEI efforts.

The legislation is part of Republican lawmakers' efforts to end certain DEI programs and initiatives in higher education this session. They've claimed that DEI is divisive in colleges and has a "chilling effect" on faculty and student speech.

Lt. Gov Dan Patrick made Senate Bill 17, banning DEI offices at public colleges and universities, one of his priorities this year. The bill, originally authored by Creighton, also prohibits higher education institutions from requiring DEI statements and DEI training.

Rally at Texas Capitol: Why University of Texas students, faculty say DEI, tenure is needed in colleges

The House and Senate on Sunday approved the conference committee version of SB 17 and advanced it to Abbott's desk.

Throughout the session, several Democratic lawmakers, University of Texas students and faculty members have pleaded with lawmakers not to pass legislation eliminating DEI offices and other initiatives on campuses. They say DEI offices and programs support underrepresented communities, including students of color, LGBTQ+ students, veterans, disabled students and low-income students, and make them feel more included on campus.

Texas Legislature: Lawmakers OK ban on DEI offices in public universities; bill heads to governor

This article originally appeared on Austin American-Statesman: DEI in universities: Texas Legislature OKs budget defunding program