Texas Governor Greg Abbott, on Friday signed S.B. No. 17. The bill prohibits state funded universities and colleges from operating diversity, equity and inclusion (DEI) initiatives and offices. The bill is set to take effect on Jan. 1, 2024.

According to the bill, institutions are barred from considering “race, sex, color, or ethnicity” in hiring practices. The bill specifically states all hiring practices must be “color-blind and sex-neutral.” Furthermore, institutions may not conduct required trainings, programs or activities for staff or students focusing on “race, color, ethnicity, gender identity, or sexual orientation.” This will eliminate diversity statements common in the admissions and hiring processes.

Additionally, DEI offices will be discontinued. Employees staffing such offices may receive a letter of recommendation if found to be in “good standing.” No provision of the bill provides terminated staff reassignment to open positions within the state university system.

Oversight will be provided by the state auditor. Institutions will be audited at least once every four years. If a violation is found and not corrected, the institution may be denied scheduled funding increases, “institutional enhancements,” or other “exceptional items.” The Texas Higher Education Coordinating Board will also conduct biennial studies to determine to bill’s impact on application, acceptance, enrollment, retention, academic success and graduation rates. The studies will take “race, sex, and ethnicity” into account.

Brandon Creighton, the Republican Texas State Senator, who authored the bill stated it will, “result in millions in savings for taxpayers and restore a culture of free inquiry, meritocracy, equal opportunity, genuine innovation within Texas higher education.” However, the National Association of Diversity Officers in Higher Education asserts that “[p]ublic universities have a responsibility to extend educational opportunities for all, to promote critical thinking, and to advance intellectual excellence. This law abandons that responsibility.”

The US Supreme Court recently heard oral arguments on two cases involving race in higher education. Both cases challenge a use of race in admissions programs under both the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964. A ruling is expected later this year.