89R19910 TYPED     By: Hagenbuch S.B. No. 2946       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting public institutions of higher education   from offering programs or courses in DEI studies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.988 to read as follows:          Sec. 51.988.  PROHIBITION ON COURSES. (a) In this section:                (1)  "Institution of higher education" has the meaning   assigned by Section 61.003.                (2)  "Coordinating board" means the Texas Higher   Education Coordinating Board.          (a)  An institution of higher education may not offer a   certificate or degree program, including any major or minor, or   course, in diversity, equity, and inclusion, including but not   limited to, promoting differential treatment of individuals on the   basis of race, color, or ethnicity.          (b)  The state auditor shall conduct a compliance audit of   each institution of higher education every year to determine   whether the institution has spent state money in violation of this   section.          (c)  If the state auditor determines pursuant to a compliance   audit conducted under Subsection (e) that an institution of higher   education has spent money in violation of this section, the   institution may not receive state funding until the institution   complies with this section.          (d)  A student of an institution of higher education who is   required to participate in a certificate or degree program,   including any major or minor, or course in violation of this section   may bring an action against the institution for injunctive or   declaratory relief.          (e)  If an institution of higher education determines that an   employee of the institution has violated this section, the   institution shall:                (1)  take the following action against the employee:                      (A)  for the first violation, place the employee   on unpaid leave for the next academic year; or                      (B)  for the second or a subsequent violation,   discharge the employee; and                (2)  report the determination and the action taken by   the institution to the coordinating board.          (i)  The coordinating board shall maintain and provide to   each institution of higher education a list of persons against whom   action has been taken under Subsection (h).          (j)  An institution of higher education may not hire an   employee who is included on the coordinating board's list   maintained under Subsection (i) before:                (1)  if the employee was placed on unpaid leave under   Subsection (h)(1)(A), the end of the academic year for which the   employee is placed on unpaid leave; or                (2)  if the employee was discharged under Subsection   (h)(1)(B), the fifth anniversary of the date on which the employee   was discharged.          SECTION 2.  This Act applies beginning with the 2026-2027   academic year.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.