Texas House Journal: DEI Employees “Will be Accommodated”

Copied from official Journal of the Texas House of Representatives, May 28, 2023

SB 17 – REMARKS

REPRESENTATIVE KUEMPEL: To walk through some of the changes—first the conference committee report moves the higher education statement of purpose because of there being concerns with germaneness. Second, it removes several references to sex and the definition of a DEI office and DEI training. This change was made because there may be certain circumstances where policies and programs should be crafted and referenced to sex such as ensuring fairness in intercollegiate athletics and policies surrounding pregnancy. However, the bill continues to prohibit employment discrimination based on sex as required by state and federal law. Third, the conference committee report adopted the senate language on the exception to ensure the programs that enhance student academic achievement may continue. The language is more comprehensive and better matches the intent of the bill. Fourth, the conference committee report further clarifies the definition of DEI training to better ensure the prohibition on required DEI training is effective. Fifth, the report retains the study to be conducted by the coordinating board, as added by amendment on the house floor. The study is now a biennial study rather than an annual study to reduce the burden on the coordinating board and to allow data to amass. The report also replaces recruitment rate with application rate to align with the coordinating board’s terms. The final change to the study is removing disaggregation of sexual orientation and gender identity. The Higher Education Coordinating Board in our institutions of higher education do not collect that data so it wouldn’t be appropriate. And lastly, the conference committee report makes changes to the provision which required institutions of higher education to make a reasonable effort to place all employees in positions at an institution with similar pay. This provision now authorizes institutions of higher education to provide a letter of recommendation to affected employees as long as they are in good standing with the institution.

REPRESENTATIVE COLLIER: I just want to go back over the last two parts that you mentioned. The study that was added in the house included the same characteristics that were mentioned in the bill—one being sexual orientation—but that’s been removed in the senate amendment or in the conference committee, I guess?

KUEMPEL: Yes.

COLLIER: So they’re not going to study how this impacts the same characteristics that were originally part of the bill, that are prohibited?

KUEMPEL: Correct, and that was sexual orientation and gender identity. That was just something that the Higher Education Coordinating Board doesn’t collect anyway, so—

COLLIER: They don’t collect that data?

KUEMPEL: No, ma’am.

COLLIER: Okay, then the next part deals with staff reassignments?

KUEMPEL: Yes, ma’am.

COLLIER: There was a provision added in the house version that said that the existing staff, if their position is eliminated or their department is eliminated, they would be reassigned. And now that has been pretty much gutted. Because what the bill does now is that it says that they may provide a letter. It doesn’t even say that they have to keep them. So right now, these 62 individuals at UT—

KUEMPEL: That’s correct, Ms. Collier. I’ve been visiting with some of these institutions. I do have confidence that these employees will be accommodated, but for the sake of working with the senate that’s the language we came to—to provide a letter of recommendation.

COLLIER: That’s what I wanted to clarify with you then. Even after this was removed and gutted, the safety net or just some provisions in there that would ensure that they could maintain their jobs—I understand it was like 62 at UT here in Austin—even after that provision was removed, it’s still your understanding that those individuals would be reassigned or other employment would be found for them?

KUEMPEL: When in discussions, I have confidence that those employees will be accommodated, if they wish to be.

REMARKS ORDERED PRINTED