By: Leach H.B. No. 1911
A BILL TO BE ENTITLED
AN ACT
relating to regulation of discrimination by political subdivisions
and certain state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 2, Labor Code, is amended to
read as follows:
Sec. 21.151. ENFORCEMENT BY ORDINANCE. (a) The
prohibitions on discrimination in this chapter and other state law
are intended to occupy the field of discrimination law in Texas. A
political subdivision may not adopt or enforce an order, [or]
ordinance, or other measure that prohibits a practice that is not
unlawful under this chapter[,] or another state law[, or federal
law].
(b) An order or ordinance adopted by a county, municipality
or political subdivision before the date this provision becomes law
and that violates subsection (a) is null and void.
(c) The prohibition prescribed in Subsection (a) does not
restrict a county, municipality, or other political subdivision
from adopting a non-binding resolution expressing the intent of the
county, municipality, or other political subdivision to recognize
and encourage the protection and non-discrimination of certain
classes of people not otherwise protected under the laws of this
state.
SECTION 2. Subtitle A, Title 2, Labor Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. ENFORCEMENT BY STATE AGENCY
Sec. 21.601. (a) "State agency" means any department,
commission, board, office, or other agency in the executive branch
of state government created by the constitution or a statute of this
state. The term does not include a university system or its
components or an institution of higher education as defined by
Section 61.003, Education Code.
(b) The prohibitions on discrimination in this chapter and
other state law are intended to occupy the field of discrimination
law in Texas. A state agency may not adopt or enforce an order,
rule, policy, or other measure that prohibits a practice that is not
unlawful under this chapter or another state law.
(c) An order, rule, policy, or other measure adopted by a
state agency before the date this provision becomes law and that
violates subsection (b) is null and void.
SECTION 3. If a provision of this Act is declared invalid,
that declaration may not affect the validity of the remaining
provisions.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.