Texas Legislature eliminates DEI programs, fails to dismantle tenure in higher education

Lawmakers delivered “the largest pushback against woke policies in higher education in America,” Lt. Gov. Dan Patrick said in a statement.

In the past two months, college professors from across the state headed to the Capitol multiple times to testify — often against — the proposed legislation. Debates over their language, scope and potential harm to students, faculty and institutions stretched for hours as lawmakers rushed to advance the bills before the Legislature’s regular session adjourned Monday.

But their final versions were significantly different from the initial bills introduced by Sen. Brandon Creighton, R-Conroe. Creighton aimed to eliminate DEI programs and tenure entirely from Texas’ public colleges and universities. While DEI programs are set to be dismantled if the bill is signed, tenure survived with new stipulations.

Tenure codified into state law

Although attempts to abolish tenure were blocked, lawmakers advanced legislation that would codify the century-old practice into law but make it easier for institutions to revoke the designation from individual professors.

During Senate and House debates, some Republican lawmakers argued that tenure is a lifetime appointment that doesn’t allow for the termination of faculty except for extraordinary circumstances. No other profession has such protections, they argued.

Tenure is awarded to faculty based on merit. It generally means a professor’s contract can only be terminated under extreme circumstances, such as financial struggles or program discontinuation.

“Tenure is a vital protection of the academic freedom for professors to develop, discuss and share knowledge from all viewpoints, including conservative, moderate, liberal and apolitical,” Brian Evans, vice president of the American Association of University Professors’ Texas chapter, said Saturday in a statement.

It also protects faculty’s academic freedom, which many say is essential to research and due process for professors undergoing review, Evans said.

Several professors worry the move jeopardizes recruitment and retention of talented faculty at the state’s colleges and universities, as well as their reputation.

The bill now only needs Abbott’s approval before becoming law, which would go into effect in September.

DEI to be removed from Texas campuses

The DEI bill bans DEI offices, as well as mandatory DEI training and statements, from colleges and universities.

DEI offices often work on recruitment and retention of students and faculty of underserved populations, including people of color and women. They also provide resources and host events that emphasize inclusion and belonging.

The majority of Texas colleges and universities have some kind of DEI office with full-time staff. At the University of Texas at Dallas, for instance, 37 employees are listed as staff on their DEI office website.

The House version of the bill would have required employees to be reassigned to other offices. But the final version removed that provision, which leaves the matter up to each institution to decide whether to assign employees to new jobs or terminate them altogether.

“Today marks a victory for citizens’ right to free speech under the First Amendment, Texas universities, and our commitment to fostering true diversity and merit in higher education,” Creighton wrote in a statement Sunday. “The elimination of Diversity, Equity, and Inclusion offices will result in millions in savings for taxpayers and restore a culture of free inquiry, meritocracy, equal opportunity, genuine innovation within Texas higher education.”

During floor debates in the past two months, opponents of the legislation, including Sen. Royce West, D-Dallas, argued that banning DEI could harm student and faculty retention and interfere with research and college sports.

If signed into law, it’ll go into effect on Jan. 1, giving offices and employees a little over six months to make the necessary changes.

Texas Students for DEI, a student-led organization, released a statement about both bills last week. “Despite widespread pushback from university students and faculty across the state, these bills were championed by Texas Republicans as part of a national effort to suppress critical thought and political opposition to their party,” the group said.

“The implementation of DEI offices and practices may be banned within institutions of higher education, but the principles of diversity, equity, and inclusion can never be removed from us, the people,” the group said.

The state budget was approved by the Senate with a “prohibition on unconstitutional diversity, equity and inclusion programs and practices,” which bars funding from going into DEI initiatives.

Abbott has stated he plans to sign the DEI bill.

Although the Legislature tackled two of Lt. Gov. Dan Patrick’s higher education priorities for the session, he is urging Abbott to consider including in a special session the push to ban critical race theory from colleges and universities.