Senate Bill 17 (SB17)

Senate Bill 17 is a Texas law that restricts diversity, equity, and inclusion activities in higher education relating to race, sex, color, ethnicity, sexual orientation, and gender identity. The law affects employees, students, contractors, and others who participate in HCC activities and programs. The law can be found at Section 51.3525 of the Texas Education Code.  See also HCC Policies BG (Local) and DAA (Local).

Under Section 51.3525, the following activities are prohibited except when required by federal law:

• A college may not establish or maintain a DEI office or hire an employee or contractor to perform DEI duties. A DEI “office” includes any office, department, task force, or unit.

A college may not compel, require, induce, or solicit a DEI statement from any person or give preferential treatment to a person who provides a DEI statement. The statute does not define the phrase “DEI statement,” but common dictionary definitions of “statement” include both oral and written expressions. A DEI statement is essentially a pledge or commitment to support DEI initiatives based on race, color, ethnicity, gender identity, or sexual orientation. If an individual voluntarily provides a DEI statement to HCC even if one is not requested, HCC cannot treat that individual more favorably or less favorably than individuals who did not provide a similar statement.  A “DEI statement” does not include a non-discrimination statement, which typically includes a statement of federal and state law obligations.

• A college may not give preference on the basis of race, sex, color, ethnicity, or national origin to any employee, applicant, or any person participating in a college “function.” The law does not define “function,” but the ordinary and common meaning of the term “function” suggests that it applies to all facets of college operations. 
• A college cannot make DEI training a condition of enrollment or a condition of participating in a college function unless required by federal law or approved in accordance with a process outlined in Senate Bill 17. A DEI training encompasses a training, program, or activity “designed or implemented” in reference to race, color, ethnicity, gender identity, or sexual orientation. The prohibition applies even if the activity is not labeled an official training program, such as a mandatory staff meeting where DEI instruction is provided. The law permits trainings that are designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation when they are (i) developed by an attorney and (ii) approved in writing by the college’s legal counsel and the Texas Higher Education Coordinating Board solely to ensure compliance with a court order or state or federal law.

“DEI” is an umbrella term that generally refers to college activities that promote diversity, equity, and inclusion with respect to certain demographic identities.  Section 51.3525 defines “DEI office” as an office, division, or unit established for the purpose of:

• Influencing hiring or employment practices with respect to race, sex, color, or ethnicity. Hiring processes must be “color-blind and sex-neutral” and comply with state and federal anti-discrimination laws.
• Promoting or providing “differential treatment” or “special benefits” to people on the basis of their race, color, or ethnicity.
• Promoting policies or procedures “designed or implemented” in reference to race, color, or ethnicity other than those approved by the college’s legal counsel and the Coordinating Board to comply with a court order or state or federal law.
• Conducting trainings, programs, or activities “designed or implemented” in reference to race, color, ethnicity, gender identity, or sexual orientation unless the training was developed by an attorney and approved by the college’s legal counsel and the Texas Higher Education Coordinating Board to comply with a court order or state or federal law.

Section 51.3525 prohibits programs and policies that promote or provide “differential treatment” or “special benefits” on the basis of race, color, or ethnicity. Section 51.3525 does not define these terms. Under federal anti-discrimination laws, the concept of “differential treatment” refers to situations in which similarly situated people are treated differently – more favorably or less favorably – because of their identification with a particular classification, such as their race or national origin. A “special benefit” generally refers to a privilege, opportunity, or term of employment that is granted to a particular person or group because of their identification with a particular classification.

When an employee receives a benefit that is generally available to others on an equal basis, providing the benefit to the employee will not violate Section 51.3525. For example, if a college allows employees to reserve a conference room for an after-work gathering, it would not constitute a “special benefit” if the college were to allow a group of Black employees or Asian employees to reserve a conference room.  Denying this benefit to a group of employees because they are Black or Asian could constitute unlawful discrimination under federal law.

A partial list of applicable federal laws includes the following:

• First Amendment to the U.S. Constitution – Provides for freedom of speech in most contexts. Prohibits discrimination against employees, students, and others based on their viewpoint or their association with other individuals.
• Fourteenth Amendment to the U.S. Constitution – Requires equal protection of the law by governmental entities, including public colleges.
• Title VII of the Civil Rights Act – Prohibits employment discrimination and harassment on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, pregnancy, and pregnancy-related conditions.
• Title VI of the Civil Rights Act – Prohibits discrimination and harassment against students and others on the basis of their race, color, or national origin.

• Title IX of the Education Amendments of 1972 – Prohibits discrimination and harassment against students and others on the basis of sex, pregnancy, childbirth, and related conditions. The U.S. Department of Education has determined that Title IX also prohibits discrimination on the basis of sexual orientation and gender identity, but this issue is the subject of litigation in the courts (July 2024).

Yes. The prohibitions of Section 51.3525 pertain to work-related activities and use of work-related resources. The law does not restrict faculty members and other employees who choose to participate in DEI activities on their own time, such as attending a political event or publishing an article on a DEI subject.

Public employees have a First Amendment right to freedom of expression that protects an individual’s speech as a private citizen on matters of public concern. As a general matter, an institution may not discipline employees for their private off-duty speech unless the speech substantially disrupts college operations or impairs the efficiency of college operations.

The language of the statute does not prohibit use of these terms. It is a question of context. For example, it would not violate Senate Bill 17 to prepare a brochure that describes the City of Houston as a “diverse” community. In addition, certain activities are excluded from Senate Bill 17, including academic course instruction; therefore, it would not violate the law for a faculty member to reference these terms during academic course instruction.  (See Section 2.1 below.)  Under Senate Bill 17, these terms are most likely to be objectionable when used to describe or promote programs and activities relating to race, sex, color, ethnicity, sexual orientation, and/or gender identity.

The law excludes “academic course instruction.” Institutions and faculty retain the freedom to decide what to teach and how to teach the required curriculum in the classroom, clinical programs, seminars, and other instructional settings. Classroom discussions, assignments, and readings may address race, sex, national origin, gender identity, and sexual orientation without violating Section 51.3525.

Although Section 51.3525 does not apply to academic course instruction, under HCC policy, information presented during academic course instruction must relate to the subject being taught, and faculty must maintain respect for students as learners. Under HCC Policy DGC (Local), an HCC faculty member shall “strive to be accurate in his or her statements and to be willing to listen to and show respect for others who express different opinions.” HCC faculty may not, during academic course instruction, discriminate against or harass students based on their race, color, national origin, sex, disability, religion, sexual orientation, gender identity, pregnancy, pregnancy-related conditions, or veteran/miliary status. See HCC Policy FA (Local), Policy FAA (Legal), FFDA (Local), FFDB (Local).

Under HCC policy and Texas law, curriculum is a shared responsibility between faculty and the college administration. See HCC Policy EE (Local); HCC Policy EFA (Legal); EFAA (Legal); Texas Educ. Code § 51.96851(b)–(c); 19 Texas Admin. Code § 4.103, 4.104(b)–(c). HCC is committed to maintaining an educational community founded on the free and open exchange of ideas. HCC’s education philosophy is to “encourage students to develop their skills, both personal and academic; to take responsibility for their education; to become flexible in order to meet the constantly shifting demands of a rapidly developing world; to appreciate their culture and those of other societies; and to cultivate excellence.” See HCC Policy DF (Local), Curriculum Design.

Under the “academic course instruction” exception, faculty may:

• invite a guest speaker to a class to discuss a DEI-related topic when related to the subject matter of the course
• award extra credit points to students if they attend a DEI-related activity if the activity is related to the subject matter of the course and is the type for which extra credit typically would be available
• include a DEI statement in their course syllabus, but any such statement must be consistent with HCC policies and procedures that prohibit unlawful discrimination against students. Faculty may not include statements that suggest to students that they are not welcome or that they must agree with the faculty member to be successful in the course. When a faculty member includes a diversity statement on a syllabus, the faculty member should consider referencing HCC’s anti-discrimination policy as well. HCC department chairs, program directors, and supervisors may not direct or encourage faculty members to include a DEI statement on their syllabi.

Section 51.3525 states that it does not restrict scholarly research or creative works. The law does not define these terms. However, consistent with the common usage of these terms, the exception for scholarly research reasonably encompasses the following:

• Research conducted by faculty and by students under generally accepted scientific standards.
• Grant applications to support scholarly research.
• Faculty publications summarizing the faculty member’s research.
• Public presentation of scholarly research.

The exception for creative works includes academic work product (such as a book), a musical composition or theater production, a painting, and publications or proposals reflecting ideas, analysis, or interpretation.

The law excludes activities of registered or recognized student organizations.  The law does not define “activity,” but the ordinary and common meaning of the term “activity” indicates all activities and functions organized by a student group, such as meetings, fundraising, and special programs. Section 51.3525 does not prohibit identity-based affinity organizations for students, such as a group focused on Hispanic students or an LGBTQ club. Student organizations may engage in activities with DEI content.

• May the College provide funding to an identity-based student organization? Yes, so long as the student organization is being treated as any other registered student organization. HCC must provide resources, benefits, and support to registered student organizations in a non-discriminatory manner. Providing support on a neutral basis does not constitute a special benefit. Failing to provide benefits and support to similarly situated student organizations could constitute unlawful discrimination and violate federal law. It also may violate Section 51.9315 of the Texas Education Code, which prohibits an institution from taking action against, or denying a generally available benefit to, a student organization based on the organization’s academic, political, religious, ideological, or philosophical views or the group’s expressive activities.
• May HCC academic departments co-sponsor identity-based programs with student organizations when the program promotes or provides differential treatment or special benefits based on race, color, or ethnicity? Departments may not sponsor a program or activity “designed or implemented” in reference to race, color, ethnicity, gender identity, or sexual orientation. Individual employees on their own time in their personal capacity may speak at an event sponsored by a student organization.
• May an HCC employee serve as an advisor to a registered student organization? Yes, so long as the student organization is treated as any other student organization. When an institution’s policies require that all registered student organizations have an advisor, then the institution must apply its policies consistently to all registered student organizations. Providing support on a neutral basis does not constitute a special benefit.

The DEI restrictions in Section 51.3525 do not apply to guest speakers or performers on a short-term engagement. Guest speakers and performers on short-term engagement may speak on campus subject to HCC’s regular policies and procedures for visitors. Guest speakers would include persons who speak at a commencement ceremony or who speak to a class at the invitation of a faculty member.  A guest speaker in a class also would be covered by the academic instruction exception.  HCC employees are not “guest speakers” under the law. Contractors who are brought in to provide DEI training are not “guest speakers” under the law.

Section 51.3525 does not apply to data collection, such as collecting demographic data showing retention and drop-out rates among certain populations. Data collection also may be covered by other exceptions, including exceptions for scholarly research and student recruitment. In addition, Section 51.3525(j) specifically requires institutions and the Texas Higher Education Coordinating Board to conduct a study of the impact of Senate Bill 17. The study must examine data showing rates of student applications, acceptance, matriculation, retention, graduation, and grade point average, disaggregated by race, sex, and ethnicity. 

Are there restrictions on how HCC may use data that it has collected? The publication or use of data in most contexts will not violate Section 51.3525. The lawfulness of the proposed use will depend on the facts and circumstances, such as the purpose for presenting the data.  An employee who plans on using data should evaluate whether the use is consistent with Section 51.3525.  Some uses will fall under an exception to Section 51.3525, such as academic course instruction or the student recruitment exception. For example, it would be permissible to use demographic data in a student recruitment brochure. Data also may be used to comply with state and federal reporting obligations. Data may be used to provide factual information about HCC.  For example, a college webpage may factually describe enrollment trends.  However, it would be impermissible to use demographic data for the purpose of influencing a hiring committee to make employment decisions based on race, sex, color, or ethnicity.

Section 51.3525 does not apply to student recruitment and admissions such as outreach activities. This exception also reasonably encompasses training of employees who work in recruiting and admissions to ensure compliance with legal requirements. The content of such training programs must be reviewed by the relevant HCC leaders to ensure compliance with Section 51.3525 and to avoid inadvertently violating the prohibition on mandatory DEI training.

In addition, although Section 51.3525 does not restrict student recruitment and admissions, certain federal laws do apply to these activities and may restrict certain recruiting activities that are open only to students of a particular race, national origin, or other protected classes. When designing, implementing, or funding recruiting activities that may be aimed at a population based on race or other covered identity, employees should seek guidance from the Office of the General Counsel to ensure compliance with any applicable federal requirements.

Section 51.3525 does not prohibit policies and programs to enhance student achievement and post-graduate outcomes that are designed and implemented without regard to race, sex, color, or ethnicity. Nothing in Section 51.3525 prohibits a retention program aimed at low-income students who are the first in their family to attend college. Nor would it prohibit training employees on how to recognize or assist students who are low-income or are at risk of dropping out.  Programs and activities that assist students in securing internships and career opportunities are permissible. Programs and activities must be implemented on a non-discriminatory basis.

Section 51.3525 states that, in the context of applying for grants or responding to accrediting organizations, it does not limit or prohibit institutions or their employees from making statements that highlight the institution’s work in supporting first-generation students, low-income students, or underserved student populations. Section 51.3525 also does not prohibit an institution from certifying compliance with state and federal anti-discrimination laws. Section 51.3525 would not prohibit HCC from responding to a grant application by providing factual information such as statistical demographic data describing underserved student populations.

When preparing an application for a grant, personnel must evaluate the purpose and requirements of each grant and determine whether HCC is able to fulfill the requirements of the grant consistent with HCC’s obligations under Section 51.3525. For example, if a grant proposal directly relates to a statutory exception, such as student recruitment, then the DEI restrictions would not apply (see Section 2.2).

Section 51.3525 generally does not impair or change pre-existing grants and contracts. A Texas statute is presumed to be prospective in its operation unless expressly made retrospective. See Texas Gov’t Code, § 311.022; Texas Const., § 16, Art. I.) The effective date of Senate Bill 17 is January 1, 2024, and the law contains no retroactivity language; therefore, it presumptively does not impair or affect pre-existing contracts, including grants in progress.

However, college leaders should carefully evaluate the facts and circumstances surrounding each specific grant, including whether the terms of the grant actually require activities that would violate Section 51.3525 and whether the grant activities fall under an exception, such as the exception for student recruitment.  If a question arises regarding a specific grant, program leaders should contact the Office of the General Counsel for guidance on whether continued participation in a grant is permissible and whether other alternatives would be possible, such as asking the grantor about modification of the grant terms.

If the grant is a federal grant, then the Education Department General Administrative Regulations (EDGAR) also must be considered. See https://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html. Federal regulations state that grants must be administered “in full accordance with the U.S. Constitution, Federal Law, and public policy requirements: Including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.”  2 C.F.R. § 200.300, Appendix II; 34 C.F.R. § 75.500(a) & (b). Program leaders should consult with the Office of the General Counsel regarding whether particular requirements are required by federal law.

Section 51.3525 allows HCC to highlight its work in support of underserved students. However, the law does not define “underserved.” In related contexts, the term “underserved” has been used to describe historical data and trends across communities and populations and how these populations access resources. “Underserved” generally refers to challenges and barriers that impact access to resources, college readiness, and retention. Barriers can be financial, educational, geographic, or related to inadequate housing, transportation, or lack of language proficiency. Evaluating whether a population in the community has been underserved may involve analysis of enrollment trends, retention, credentials awarded, and similar data.

HCC will need to evaluate each accreditation standard or inquiry and determine whether an exception to Section 51.3525 applies (such as student recruitment) and, if not, whether it is possible to satisfy the organization’s requirements by providing information that explains HCC’s commitment to equal educational opportunity and that highlights HCC’s work in supporting first-generation students, low-income students, or underserved student populations. In other instances, it may be appropriate to confer with the accrediting organization about the requirements and the restrictions imposed by Section 51.3525.

Yes. Under federal law, HCC must make employment decisions without regard to race, sex, color, national origin, sexual orientation, gender identity, disability, religion, and other protected classifications. Senate Bill 17 states that hiring processes must be “color-blind and sex-neutral” and comply with state and federal anti-discrimination laws. However, neither federal law nor Section 51.3525 prohibits a college from seeking to recruit a diverse pool of candidates by widely disseminating job vacancy notices and engaging in outreach efforts.  HCC may send job vacancy notices to a wide variety of publications, Internet job sites, job fairs, and other institutions.

A job posting may reference language ability or experience working with certain populations if the experience is job-related.

An interview committee may ask job-related questions, including questions about the candidate’s experience working with low-income students, first-generation students, and students from underserved populations. Questions should be phrased broadly, such as asking about the candidate’s experience working with students from different backgrounds. However, if the questions are not related to the position for which the candidate is applying, these types of questions should not be asked.

Section 51.3525 requires that hiring processes and employment practices be “color-blind and sex-neutral” and comply with state and federal anti-discrimination laws.  Numerous state and federal law address discrimination, including Title VII and Chapter 21 of the Texas Labor Code. To ensure that interview committees and other decision-makers comply with these laws, it is necessary to provide training on the requirements of state and federal anti-discrimination laws. Such training must be presented in a manner that is consistent with Section 51.3525.

Section 51.3525 specifically prohibits giving preference to any applicant based on race, sex, color or national origin.

If a candidate provides an unsolicited DEI statement, the committee or decision-maker may not give preferential treatment to the candidate because of the candidate’s support of DEI. Nor may the committee or decision-maker treat the DEI statement as a negative factor.

Yes. The law states that HCC may not hire someone for the purpose of performing DEI activities (e.g., promoting or providing differential treatment or special benefits to people on the basis of their race, color, or ethnicity). This prohibition is not violated by assigning an employee a task within the scope of their regular duties. For example, if an employee is responsible for managing audio-visual equipment, the employee must perform this task for any activity at HCC, including one with permissible DEI content, such as a presentation by a guest speaker.

Section 51.3525 requires that each college adopt policies and procedures that provide for discipline and termination of employees and contractors who violate the law. In the event of a suspected violation, HCC will consider the facts and circumstances in deciding whether discipline or dismissal are appropriate. Facts and circumstances would include whether the violation was inadvertent or intentional and whether there were repeated violations. HCC’s general practice is to identify performance deficiencies and give employees the opportunity to "improve performance and/or behavior." See Policy DLC (Regulation). However, progressive discipline is not mandatory prior to termination, especially in instances of egregious or serious violations.  See DM1 and DM2 (Regulation).

HCC will continue to handle employee and student complaints in accordance with HCC policies and procedures. These policies and procedures implement federal law, including Title VII, Title IX, and Title VI. HCC is obligated to evaluate reported violations and to take reasonable corrective action if a violation is found. Complying with federal law is an exception to Section 51.3525. The statute does not prohibit internal investigations undertaken to comply with federal law. HCC’s Office of Equal Opportunity and Title IX will continue to investigate violations of discrimination and harassment law. See https://www.hccs.edu/oeotix/.

The U.S. Congress and Texas Legislature have a long history of recognizing, commemorating and celebrating American history. A consensus of institutions has concluded that Section 51.3525 does not prohibit an institution of higher education from participating in official state and federal holidays or recognizing historical events that are culturally significant to the community. And since the effective date of Senate Bill 17, no court or the Texas Attorney General has opined that such activities are prohibited. Such activities, including those sponsored by an academic department, should be designed and implemented with this historical and educational purpose in mind. For example, a panel of faculty presenting historical information would be permissible. No program or activity may promote or provide differential treatment or special benefits based on race, color or ethnicity. No program may exclude persons based on race, color, ethnicity or any other covered identity. Activities must be open to all individuals who wish to attend and attendance may not be compelled.  

In addition, Section 51.3525 does not affect the ability of student organizations to sponsor events relating to Black History Month and similar holidays or celebrations, including events that promote DEI. Student organizations are exempt from the DEI restrictions in Section 51.3525.

An academic department may co-sponsor a heritage/cultural activity with a student organization if the activity is designed and implemented as an educational and historical activity. If the activity promotes DEI or provides differential treatment or special benefits based on race, color or ethnicity, then an academic department may not co-sponsor the activity with the student organization.

Finally, educational events may feature a guest speaker. Guest speakers are exempt from the DEI-prohibition in Section 51.3525.

The prohibition on DEI trainings in Section 51.3525 does not restrict basic equal employment opportunity training and Title IX compliance training that is designed and implemented to educate employees on prohibited acts and reporting procedures relating to discrimination. See, e.g., Texas Labor Code § 21.010 (mandatory training on employment discrimination policies); 40 Texas Admin. Code § 819.24 (subjects of mandatory training, including identification of protected classes under federal law); Texas Educ. Code § 51.282 (requiring a comprehensive prevention and outreach program on sexual harassment, sexual assault, dating violence, and stalking); 34 C.F.R. § 106.45 (2020) (describing Title IX grievance process).

Such training presents factual information to acquaint employees with institutional policies and legal requirements. Such training is informational, rather than ideological, and is not designed or implemented to promote differential treatment or special benefits based on a particular identity or classification.

No. The College may not engage or invite a contractor for the purpose of providing mandatory DEI training whether the training occurs on or off-campus.

Yes. If HCC’s Office of Equal Opportunity & Title IX determines that an employee’s conduct has violated a federal anti-discrimination law, HCC must take reasonable corrective action, which in many instances will include completion of a training program to assist the individual in understanding and complying with HCC’s policies and legal requirements.

Civil Rights Act of 1964 prohibits employment discrimination on the basis of sex, which the Supreme Court has held encompasses sexual orientation and gender identity.  Similarly, the U.S. Department of Education has opined that the prohibition on sex discrimination in Title IX includes sexual orientation and gender identity. If HCC’s Office of Equal Opportunity & Title IX determines that an individual’s conduct has violated these laws, HCC must take reasonable corrective action, which could include assignment of training to assist the individual in understanding and complying with HCC’s policies and legal requirements.

Academic course instruction is an exception to Section 51.3525. HCC may acquire library and professional development resources and on-line subscriptions to support the various academic disciplines and the professional development needs of faculty in discharging their academic course instruction responsibilities. These library and professional development materials address a wide range of subjects, which reflects the breadth of HCC’s curriculum and HCC’s commitment to innovation in teaching methods. Voluntary use of such materials by faculty is permissible even if some of the materials address DEI topics. 

Faculty who elect to receive DEI training may not be treated more favorably or less favorably than faculty who do not elect to receive such training.

It depends. The prohibitions in Section 51.3525 are not violated by a policy or procedure that allows employees to receive reimbursement in accordance with neutral and non-discriminatory criteria for attendance at professional development and academic conferences. Approval should be based on neutral criteria that do not consider DEI as a factor, and the evaluation should consider the primary purpose of the activity. In addition, attendance at such conferences must be voluntary. Faculty who elect to attend such conferences may not be treated more favorably or less favorably than faculty who do not elect to attend such conferences.

Whether a program violates Section 51.3525 will depend on the facts and circumstances relating to the program. The substance of the program – and not the title of the program – is paramount. HCC must evaluate whether the proposed program provides preferential treatment or a special benefit based on race or other protected category and whether the program is exclusionary. HCC also will need to evaluate whether a particular program qualifies under a statutory exception, such as the guest speaker exception or student recruitment exception. Finally, HCC must consider whether the program complies with the non-discrimination requirements of federal law.

When an institution has policies and procedures that permit rental of college facilities by community or external organizations, the institution does not violate Section 51.3525 by renting a facility in accordance with those policies and procedures. If the institution denies a rental application based on the organization’s DEI viewpoint or the identity of its members, such exclusion could violate the First Amendment. If such an event is held, the institution should exercise caution and avoid action that could give the appearance of college sponsorship. In addition, employees may choose to attend the activity but must do so on their own initiative and on their own time.

The propriety of an HCC-funded institutional membership will depend on the facts and circumstances, including (i) the nature/mission of the external organization, (ii) whether the organization excludes individuals based on a protected classification, (iii) the reasons for the College’s participation and the public purpose to be served, (iv) whether HCC would be permitted to select its individual participants without regard to their race, ethnicity, etc. and (v) whether participants would be required to submit DEI statements. Information about external organizations typically can be found in the organization’s mission, bylaws, and programs.

Yes, so long as the faculty member does not deny requests from students who are applying to non-DEI-related organizations.

Administering a scholarship that excludes applicants or recipients based on their race, sex, color, ethnicity, or national origin likely will violate Section 51.3525 and also federal law.  See generally 34 C.F.R. § 100.3(b)(1) and 100.3(b)(2). Scholarships with these types of restrictions should be reviewed by legal counsel to ensure compliance with all applicable laws.

HCC faculty may not promote internship opportunities that are restricted to students of a particular race, ethnicity, or national origin. Thus, for example, HCC faculty should not distribute a brochure on an exclusionary internship program. However, the law does not prohibit faculty from posting such information in their private capacity on their time using their own technology.

Yes, in many circumstances.  If a college allows a student organization to have access to college communication sites to promote organizational activities, access must be provided in a neutral and non-discriminatory basis. For example, if a college maintains a calendar of upcoming student organization activities, it may post DEI activities in addition to non-DEI activities on the calendar.

Denying student access to these channels based on viewpoint, race, or other protected class could violate federal law and Section 51.9315(a) of the Texas Education Code. As discussed above, all registered student organizations are entitled to equal benefits.  (See Section 2.3.)  “Benefits” includes channels of communications controlled by the college. Similarly, if an academic department maintains a bulletin board where employees are allowed to post notices of upcoming community events, the college cannot discriminate on the basis of viewpoint, race, or other protected class.  The college may impose neutral and reasonable time, place, and manner restrictions on the use of these resources.

The existence of historical or archival material on a college website does not necessarily run afoul of Senate Bill 17. State laws require public institutions to retain certain information in accordance with state records retention schedules. Under these schedules, some information must be permanently preserved, either due to the nature of the material or the fact that the material is historically significant. In some instances, the older material remains useful or is occasionally consulted. Many materials, such as a handbook or press release, contain a date, and it will be evident to a reasonable reader that the material does not reflect a current or active HCC program. Depending on the circumstances, the program may evaluate whether it would be appropriate to mark the material as archived or historical.