The Legislative Attack on Academic Freedom in Texas
Over the past two legislative sessions (the 88th in 2023 and the 89th in 2025), the Texas Legislature passed three significant bills—SB 17, SB 18, and SB 37—that fundamentally altered the landscape of Diversity, Equity, and Inclusion (DEI), tenure, and academic freedom in the state’s public university system.
The Basic Story
The concerted legislative effort began in the 88th Legislature (2023) following political pressure against DEI initiatives. SB 17 was passed to entirely dismantle DEI offices, remove dedicated staff, and ban mandatory diversity trainings at all public universities. Simultaneously, SB 18 was introduced as a direct threat to academic tenure. Originally drafted to ban tenure entirely, it was eventually amended to codify tenure under state law—but it mandated strict, recurring performance evaluations and granted university governing boards broad authority to terminate tenured faculty for “good cause.”
Building on the 2023 session, the 89th Legislature (2025) escalated the attack by targeting faculty governance with SB 37. This bill stripped faculty senates of their autonomy, reducing them to strictly advisory bodies. It gave university presidents the unprecedented power to remove faculty senate members for “misconduct” (which includes political advocacy). Furthermore, it established an Office of the Ombudsman to heavily enforce legislative compliance, with the threat of withholding state funding from universities that step out of line.
Timeline of Events
- February 22, 2023 The UT System Board of Regents pauses new DEI policies following a warning from Gov. Abbott regarding hiring practices.
- March 2023 SB 17 (targeting DEI) and SB 18 (targeting tenure) are introduced in the Texas Senate.
- April 20, 2023 The Texas Senate passes the initial harsh version of SB 18, which aimed to eliminate tenure for new hires.
- May 2023 The Texas House amends SB 18 to codify rather than ban tenure. Both finalized bills pass the legislature.
- June 14, 2023 Governor Greg Abbott signs both SB 17 and SB 18 into law.
- September 1, 2023 SB 18 officially takes effect, requiring institutions to adopt strict new policies regarding tenure and dismissal.
- January 1, 2024 SB 17 takes effect. Public colleges and universities officially dismantle their DEI offices and reassign staff.
- Early 2025 (89th Legislature) SB 37 is passed, stripping faculty senates of their independence, granting presidents removal powers over dissenting faculty representatives, and tightening state-level oversight.