Fresh off winning their first state House majority in more than two decades, Texas Democrats filed legislation to repeal the state’s sweeping ban on diversity, equity and inclusion offices at public colleges. The push to undo the Texas DEI ban puts higher education policy right back into partisan crosshairs, setting up an immediate clash with a Republican-controlled state Senate determined to stop it.
House Bill 358, filed by Democratic state Representative John Bucy, and Senate Bill 125, filed by Democratic state Senator José Menéndez, would overturn the 2023 prohibition signed by former Republican Governor Greg Abbott. That law forced campus administrators to shutter identity-based student centers, scrap mandatory diversity training and eliminate hundreds of campus jobs. While Democrats now hold the governor’s mansion and the House, Republicans retain their grip on the upper chamber, leaving the repeal facing steep odds.
Also read: Educator Warns Teachers Union Priorities Shift Toward Strikes Over Education
For students and faculty across Texas public universities, the fight decides whether eliminated advising programs, specialized scholarships and dedicated campus support centers can legally return. Even without passing a new statute, Democrats have another lever: executive appointments that could reshape how campuses enforce the rules day to day.
How the Texas DEI ban cleared out campus offices
The 2023 law barred public universities from operating diversity, equity and inclusion offices or assigning staff and contractors to carry out those functions. It banned institutions from asking job applicants or students for diversity statements, restricted race- and sex-based preferences, and halted mandatory diversity training. The rules carved out exceptions only for academic courses, research and registered student groups.
When the ban took effect on Jan. 1, 2024, the fallout hit campuses immediately. The University of Texas at Austin closed its Multicultural Engagement Center and shut down the Monarch program, which offered advising, mental-health resources and scholarships to noncitizen students. The University of Houston System scrapped diversity statements for hiring and promotions. UT Health San Antonio stopped a faculty loan-repayment program aimed at professors from underrepresented backgrounds.
The scale of the cutbacks became clear during a May 2024 state legislative hearing. UT System Chancellor J.B. Milliken reported to lawmakers that his campuses had shut 21 diversity offices, eliminated 311 full- and part-time positions and terminated 681 contracts, training sessions and programs. Despite those steps, conservative activists accused some schools of quietly shuffling staff into newly labeled roles. Texas A&M University drew scrutiny when it dissolved its Office for Diversity but moved six of its eight workers into other campus jobs, giving one administrator a raise and paid leave. University officials insisted the actions complied with state law and had nothing to do with diversity efforts.
The board of regents confirmation showdown
Even if the Republican Senate blocks Bucy and Menéndez’s bills, conservative policy groups warn that Democratic Governor-elect Gina Hinojosa could still weaken the enforcement of the restrictions. The primary pressure point is the university governing boards that hire chancellors and oversee campus administration.
Dozens of university regents see their terms expire on Feb. 1, 2027. That date gives Hinojosa a chance to nominate leaders who support diversity equity inclusion initiatives. But any new regent must win confirmation from the Senate, creating a major legal bottleneck under the state constitution.
Under Texas rules, unpaid gubernatorial appointees can stay in their posts after their terms lapse if the Senate does not confirm a replacement. Because the 90th Legislature convenes in January 2027, just weeks before regents’ terms end, current board members could hold over until the regular legislative session ends in 2029.
“If the Senate declines to confirm nominees who would undermine the state’s DEI reforms, existing regents can continue serving rather than automatically surrendering their seats when their terms expire,”
That dynamic cuts both ways. If the Senate blocks every Hinojosa nominee, Democrats plan to hammer Republicans for stonewalling gubernatorial picks. Yet Republican senators face their own political calculations, as any vote perceived as softening on diversity programs could invite furious primary challenges.
What comes next for Texas higher education
The fight in Austin mirrors national actions over race-conscious policies at colleges. The U.S. Supreme Court struck down race-based admissions preferences in 2023, and the White House has pushed federal agencies and funded schools to drop race-based metrics in hiring and financial aid. In Texas, the debate now centers on whether state oversight can survive divided government.
With Democrats leading the Texas State House and Hinojosa taking office, the balance of power on campuses will test both parties. Conservative groups say they are already preparing to challenge any backslide in court if schools reintroduce diversity programs under new titles.
Lawmakers return to the Capitol in Austin for the upcoming legislative session, where committee assignments and early hearings on HB 358 will reveal whether House Democrats can force floor debate on their repeal bills.
Source: Fox News
