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.

How does SB-17 impact student organizations?

The activities of a registered or recognized student organization are not prohibited under SB-17 and can be supported by the college through logistical and resource assistance. 

However, employees of the college cannot provide such support as building program agendas and determining guest speakers.

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.

Is my event allowed under SB-17?

If you are considering whether or not a potential TCC hosted event is permissible under SB-17, this quick quiz can help guide you through the decision process. The FAQs on this page provide more detail about the considerations for hosting an event if you have further questions. Please contact your cabinet member if you are still unsure if your event is permissible under SB-17.

Can faculty or staff provide letters of recommendation for students applying to scholarships that have demographic-based criteria?

Faculty and staff can provide letters of recommendation for students applying to scholarships with demographic preferences, but there are important guidelines to follow to ensure compliance with Texas Senate Bill 17 (SB-17). SB-17 prohibits employees of institutions of higher education from supporting preferences based on race, sex, ethnicity, color, or national origin in their official capacity.

Guidelines

Generic Letters of Recommendation (Official Capacity Allowed)

• Faculty and staff may provide generic letters of recommendation in their official capacity, as these letters do not target any specific scholarship program.
• Since the letter is addressed generically (e.g., “To Whom It May Concern”) and the faculty or staff member has no control over how the student uses the letter, it does not imply support for any specific scholarship’s criteria.
• Generic letters may be written on college letterhead, include the employee’s official title, and describe the student’s qualifications, skills, and accomplishments. 

Example

A letter addressed to “To Whom It May Concern” or “Scholarship Committee,” describing the student’s academic achievements and personal character, which the student can use for multiple scholarships. This letter may be written in an official capacity.

Scholarship-Specific Letters of Recommendation (Personal Capacity Required)

When a letter is addressed to a specific scholarship with demographic criteria, it implies support for that scholarship’s selection criteria, which could be interpreted as a form of endorsement. Therefore, scholarship-specific letters should be provided in a personal capacity rather than an official one.

• Avoid College Letterhead and Titles: For these letters, faculty and staff should not use Tarrant County College letterhead or official titles. Instead, they should identify themselves by name, noting their role only as part of the relationship with the student (e.g., "I taught [Student Name] in [Subject] at Tarrant County College").
• Personal Contact Information: Use personal contact information, such as a personal email, and avoid using TCC contact details.

Example

A letter addressed to a particular scholarship organization offering demographic-based scholarships, but provided in a personal capacity, without TCC letterhead or official title.
 

These guidelines allow faculty and staff to support students’ scholarship pursuits without conflicting with SB-17’s restrictions. Faculty and staff should discuss with their supervisor if they have any questions.