Navigating SB 17: FAQs

What is SB 17 and what does it prohibit?

SB 17 is a Texas law that restricts public institutions of higher education from engaging in certain DEI activities.

The law specifically prohibits:

• Establishing or maintaining a DEI office or similar entities.
• Hiring or contracting third parties to perform duties of a DEI office.
• Giving preference based on race, sex, color, ethnicity, or national origin in employment or any function of the institution.
• Conducting DEI training or activities unless necessary for compliance with federal or state law.

Can TCC students or employees voluntarily participate in DEI training offered by external organizations?

Yes.

SB 17 does not restrict students or employees from voluntarily participating in non-institutional DEI training offered by outside resources, provided TCC has not contracted with those resources to provide such training.

This means students and employees can engage in DEI-related content outside of the College's official functions without violating SB 17.

Is TCC allowed to offer access to professional development resources like LinkedIn Learning that include DEI training modules?

It depends.

While LinkedIn Learning offers a wide range of professional development content, including DEI modules, contracting with LinkedIn Learning or similar platforms could be problematic under SB 17. Since the College would be paying for and providing access to DEI content as part of its broader offerings, this could be interpreted as facilitating DEI training.

TCC has made the decision to suspend access to LinkedIn Learning until the College can be sure that use of the product is compliant with the mandates of SB 17.

Can TCC provide scholarships that give preference based on race, sex, color, ethnicity, or national origin?

No.

Under SB 17, TCC cannot administer scholarships that give preference based on race, sex, color, ethnicity, or national origin. This would be considered a violation of the statute.

However, scholarships can still be designed to target specific challenges or experiences that may indirectly support underrepresented groups, as long as they are open to all applicants and do not explicitly use these characteristics as criteria.

Are cultural heritage events like Hispanic Heritage Month or Black History Month allowed under SB 17?

Yes, with conditions.

Cultural heritage events are allowed under SB 17 as long as they are inclusive and do not give preferential treatment based on race, ethnicity, or other protected characteristics.

The event must be open to all students, faculty, staff, and the community without implying or enacting preferential treatment. Additionally, any faculty or staff involvement in planning or presenting these events should be evaluated to ensure compliance with SB 17.

Can TCCD use funds to pay for memberships in external organizations?

TCCD employees may not use or approve the use of college funds for individual or institutional memberships in organizations whose primary stated purpose, goals, or mission is designed or implemented in reference to race, sex, color, ethnicity, or national origin unless the membership falls under one of the specific exemptions allowed by SB-17, such as the activities of a recognized student organization.

How does SB-17 impact the approval of expenditures for professional organizations?

Under SB-17, TCCD employees cannot use institutional funds to pay for memberships in professional organizations whose primary purpose is to promote or focus on diversity, equity, and inclusion (DEI) initiatives or give preferential treatment based on race, sex, color, ethnicity, or national origin.

Before approving any such expenditures, you must confirm that TCCD's support of the organization’s goals and activities will not be in violation of SB-17.

Can TCC participate in or support external organizations that focus on diversity and inclusion?

No, if the organization's activities are related to race, ethnicity, or gender-based initiatives.

SB 17 restricts TCC from supporting or being a member of organizations whose primary purpose or activities involve promoting employment or leadership opportunities based on race, sex, color, ethnicity, or national origin. Continuing such relationships could be viewed as being non-compliant with SB 17, and it may be necessary to withdraw from these partnerships to avoid legal and financial repercussions.

What are the exceptions to SB 17's restrictions?

SB 17 provides exceptions for certain activities, including:

• Academic Courses: Courses that include DEI content as part of their curriculum are allowed.
• Scholarly Research: Research activities that involve DEI topics are permitted.
• Guest Speakers: Short-term engagements with guest speakers or performers, even if related to DEI topics, are allowed.
• Cultural Heritage Events: Programs recognizing cultural heritage, provided they are open and inclusive, are permitted.

Is it permissible to offer extra credit for students attending a cultural heritage event?

Yes, with conditions.

Offering extra credit for attending a cultural heritage event is allowed as long as the event is educational, open to all, and not mandatory. The content of the event should logically tie to the academic course offering the extra credit.

Care should be taken to ensure that extra credit is not used to indirectly compel participation in DEI-related activities.

What should TCC employees do if they are unsure whether a planned activity complies with SB 17?

Consult with your department leadership team and/or cabinet member.

If there is any uncertainty about whether a planned activity or program complies with SB 17, employees should seek guidance from their cabinet member—who will seek legal guidance from the General Counsel's Office if necessary. This ensures that all activities align with the legal requirements and that the college remains in compliance with the law.