Republican senators threaten not to boost Texas public universities’ funding over DEI ban

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Republican state senators are threatening not to increase state funding for public universities over accusations they have failed to fully comply with a law that required them to shutter their diversity, equity and inclusion offices.

State Sens. Brandon Creighton and Paul Bettencourt wrote in a letter to the governing boards of every public university in the state on Wednesday that they have found several schools in violation of the law.

“This includes renaming, relaunching or reauthorizing a DEI unit under the guise of a different name,” the letter said. “We have found this to be the case in numerous instances, particularly at our health-related institutions.”

“Therefore, due to these valid findings of noncompliance, requests for increases in state funds for all public institutions of higher education this legislative session are now frozen at levels from the previous biennium,” the senators wrote, adding they expect the universities to “provide clear and indisputable evidence that DEI programming has been fully eliminated from the operations of all your member institutions.”

The letter did not name the institutions that allegedly violated the law. Bettencourt also did not say which universities allegedly violated the law during a brief phone interview with The Texas Tribune on Friday, only noting that Creighton “has some reports.”

Neither Creighton, R-Conroe, nor Bettencourt, R-Houston, have unilateral authority to withhold state funds, but they serve on committees that are drafting higher education policy and the state’s budget. Sen. Joan Huffman, a Houston Republican who chairs the Senate Finance Committee and received a copy of Creighton and Bettencourt’s letter, said in a statement she is looking forward to working with her colleagues to “ensure that all institutions are in compliance with the law and have the funding that they need to serve Texans.”

The Senate’s initial budget proposal does not increase funding for higher education.

Senate Bill 17, passed in 2023, prohibits universities from establishing or maintaining a diversity, equity and inclusion office; hiring or assigning an employee or contractor to perform the duties of a DEI office; or requiring any person to provide a DEI statement or undergo DEI training.

Academic course instruction; scholarly research or creative works by students, faculty or staff; activities by student organizations; guest speakers and performers on short-term engagements are exempt from the ban.

Universities may not spend money the Legislature has appropriated for that fiscal year until the governing board of the institution submits a report certifying it is complying with the law. They’re also required to testify before the Legislature and undergo state audits.

“SB 17 clearly states that public colleges and universities must comply with the state law to receive taxpayer funds,” Erin Wilson, the communications director for Creighton’s office, wrote in a statement. “As we move through the appropriations process, it is essential that any higher education institutions not in compliance report to the Legislature and present a plan to align with a law passed nearly two hours ago.”

On Friday, the state auditor released the first such report. It reviewed the Texas A&M University System and five community colleges and found only two violations.

It found that Texas A&M University-Central Texas entered into a contract with a third-party vendor to develop the university’s five-year strategic plan. Although the university didn’t solicit or ultimately pay for any DEI work, the vendor included it in the initial contract.

The auditor also found that McLennan Community College required a new hire to participate in a DEI training.

Bettencourt said he recently had a “positive conversation” with Texas Tech University System Chancellor Tedd Mitchell, who said he believed Texas Tech had 100% compliance.

“There might be an issue with some archived web pages [at Texas Tech], but those conversations are ongoing and we’ll see what response to the letter is,” Bettencourt said.

University of Texas System officials testified to the Legislature last summer that they had closed 21 offices, eliminated 311 full and part-time positions and canceled 681 DEI-related trainings as a result of the law.

Universities have faced criticism from students who say they’re overcomplying and lawmakers who say they’re not doing enough. Creighton, the architect of the law, said SB 17 has “ignited a nationwide shift toward merit-based achievement,” but others believe it has made campuses less welcoming to students with backgrounds who are typically underrepresented in higher education.

The Texas Tribune partners with Open Campus on higher education coverage.

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