87R537 JSC/KJE-D
By: Reynolds H.B. No. 38
A BILL TO BE ENTITLED
AN ACT
relating to discrimination on the basis of hair texture or
protective hairstyle associated with race.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 25, Education Code, is
amended by adding Section 25.902 to read as follows:
Sec. 25.902. PROHIBITION ON CERTAIN DISCRIMINATION IN
STUDENT DRESS OR GROOMING POLICY. (a) In this section, "protective
hairstyle" includes braids, locks, and twists.
(b) Any student dress or grooming policy adopted by a public
school, including a student dress or grooming policy for any
extracurricular activity, may not discriminate against a hair
texture or protective hairstyle commonly or historically
associated with race.
SECTION 2. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.979 to read as follows:
Sec. 51.979. PROHIBITION ON CERTAIN DISCRIMINATION IN
STUDENT DRESS OR GROOMING POLICY. (a) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Protective hairstyle" includes braids, locks,
and twists.
(b) Any student dress or grooming policy adopted by an
institution of higher education, including a student dress or
grooming policy for any extracurricular activity, may not
discriminate against a hair texture or protective hairstyle
commonly or historically associated with race.
SECTION 3. Subchapter C, Chapter 21, Labor Code, is amended
by adding Section 21.1095 to read as follows:
Sec. 21.1095. RACIAL DISCRIMINATION BASED ON HAIR TEXTURE
OR PROTECTIVE HAIRSTYLE. (a) In this section, "protective
hairstyle" includes braids, locks, and twists.
(b) A provision in this chapter referring to discrimination
because of race or on the basis of race includes discrimination
because of or on the basis of an employee's hair texture or
protective hairstyle commonly or historically associated with
race.
(c) An employer, labor union, or employment agency commits
an unlawful employment practice if the employer, labor union, or
employment agency adopts or enforces a dress or grooming policy
that discriminates against a hair texture or protective hairstyle
commonly or historically associated with race.
SECTION 4. Section 21.1095, Labor Code, as added by this
Act, applies only to an unlawful employment practice that occurs on
or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2021.