Texas 2021 - 87th 2nd C.S.

Texas House Bill HB40 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Toth H.B. No. 40
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a prohibition on certain training concerning race or
7	7	sex, including a prohibition on state or local government contracts
8	8	with companies that require that training; providing a civil
9	9	penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle A, Title 6, Government Code, is amended
12	12	by adding Chapter 620 to read as follows:
13	13	CHAPTER 620. CERTAIN TRAINING RELATING TO RACE OR SEX PROHIBITED
14	14	Sec. 620.001. DEFINITIONS. In this chapter, "political
15	15	subdivision" and "state agency" have the meanings assigned by
16	16	Section 609.001.
17	17	Sec. 620.002. CERTAIN TRAINING PROHIBITED. (a) A state
18	18	agency or political subdivision may not, directly or through
19	19	another entity, compel, inculcate, instruct, teach, or train an
20	20	employee, student, service recipient, contractor, staff member,
21	21	inmate, or other individual or group to adopt or express a belief
22	22	in, or support for, racist or sexist concepts or revisionist
23	23	history concerning race or sex, including that:
24	24	(1) one race or sex is inherently superior to another
25	25	race or sex;
26	26	(2) an individual, by virtue of the individual's race
27	27	or sex, is inherently racist, sexist, or oppressive, whether
28	28	consciously or unconsciously;
29	29	(3) an individual should be discriminated against or
30	30	receive adverse treatment solely or partly because of the
31	31	individual's race;
32	32	(4) members of one race or sex cannot and should not
33	33	attempt to treat others without respect to race;
34	34	(5) an individual's moral character, standing, or
35	35	worth is necessarily determined by the individual's race;
36	36	(6) an individual, by virtue of the individual's race
37	37	or sex, bears responsibility for actions committed in the past by
38	38	other members of the same race or sex;
39	39	(7) an individual should feel discomfort, guilt,
40	40	anguish, or any other form of psychological distress on account of
41	41	the individual's race or sex;
42	42	(8) meritocracy or traits such as having a strong work
43	43	ethic are racist or sexist or were created by members of a
44	44	particular race to oppress members of another race;
45	45	(9) the advent of slavery in the territory that is now
46	46	the United States constituted the true founding of the United
47	47	States; or
48	48	(10) with respect to their relationship to American
49	49	values, slavery and racism are anything other than deviations from,
50	50	betrayals of, or failures to live up to, the authentic founding
51	51	principles of the United States, which include liberty and
52	52	equality.
53	53	(b) A state agency or political subdivision may not subject
54	54	an employee to an adverse employment action, warning, or discipline
55	55	for refusing to participate in a training program or other activity
56	56	described by Subsection (a).
57	57	(c) Not later than November 1 of each year, a state agency or
58	58	political subdivision shall review any training program relating to
59	59	diversity or inclusion and evaluate whether the training program
60	60	violates Subsection (a).
61	61	(d) Except as provided by Subsection (a), this section may
62	62	not be construed to prohibit or discourage a state agency or
63	63	political subdivision from providing workplace sensitivity
64	64	training based on the inherent humanity and equality of all persons
65	65	and the idea that all persons should be treated with equality,
66	66	dignity, and respect.
67	67	(e) An effort by a state agency or political subdivision to
68	68	encourage diversity and inclusion must, first and foremost,
69	69	encourage public employees to not judge or treat another person
70	70	differently on the basis of a protected characteristic.
71	71	Sec. 620.003. ENFORCEMENT; CIVIL PENALTY FOR VIOLATION BY
72	72	STATE AGENCY OR POLITICAL SUBDIVISION. (a) A state agency or
73	73	political subdivision that violates Section 620.002 is liable to
74	74	this state for a civil penalty in the amount of $5,000 for each
75	75	violation. Each day a violation continues is considered a separate
76	76	violation for purposes of this subsection.
77	77	(b) A resident of this state may file a complaint with the
78	78	attorney general alleging that a state agency or political
79	79	subdivision is in violation of Section 620.002. The resident must
80	80	include with the complaint a signed statement describing the
81	81	violation.
82	82	(c) If, based on an investigation, the attorney general
83	83	determines that a violation of Section 620.002 has occurred, the
84	84	attorney general shall provide the appropriate officer of the state
85	85	agency or political subdivision with a written notice that:
86	86	(1) describes the violation;
87	87	(2) states the amount of the proposed civil penalty
88	88	for the violation; and
89	89	(3) requires the state agency or political subdivision
90	90	to cure the violation on or before the 15th day after the date the
91	91	notice is received to avoid the civil penalty, unless the state
92	92	agency or political subdivision was previously found liable by a
93	93	court for violating Section 620.002.
94	94	(d) If a state agency or political subdivision does not cure
95	95	the violation on or before the 15th day after the date notice under
96	96	Subsection (c) is received or the state agency or political
97	97	subdivision was previously found liable by a court for violating
98	98	Section 620.002, the attorney general may sue to collect the civil
99	99	penalty. In addition, the attorney general may petition for a writ
100	100	of mandamus or apply for other appropriate equitable relief.
101	101	(e) A suit or petition under this section may be filed in a
102	102	district court in Travis County.
103	103	(f) The attorney general may recover reasonable expenses
104	104	incurred in obtaining relief under this section, including court
105	105	costs, reasonable attorney's fees, investigative costs, witness
106	106	fees, and deposition costs.
107	107	(g) Sovereign immunity to suit is waived and abolished to
108	108	the extent of liability created by this section.
109	109	Sec. 620.004. TERMINATION OF EMPLOYEE FOR VIOLATION. An
110	110	employee of a state agency or political subdivision may be
111	111	terminated for wilfully or repeatedly violating Section 620.002.
112	112	SECTION 2. Subtitle F, Title 10, Government Code, is
113	113	amended by adding Chapter 2275 to read as follows:
114	114	CHAPTER 2275. PROHIBITION ON CONTRACTS WITH COMPANIES THAT REQUIRE
115	115	CERTAIN TRAINING RELATED TO RACE OR SEX
116	116	Sec. 2275.001. DEFINITIONS. In this chapter:
117	117	(1) "Company" has the meaning assigned by Section
118	118	808.001.
119	119	(2) "Political subdivision" and "state agency" have
120	120	the meanings assigned in Section 609.001.
121	121	Sec. 2275.002. PROVISION REQUIRED IN CONTRACT. A state
122	122	agency or political subdivision may not enter into a contract with a
123	123	company for goods or services unless the contract contains a
124	124	written verification from the company that it does not, and will not
125	125	during the term of the contract, compel, inculcate, instruct,
126	126	teach, or train any public or private employee, student, service
127	127	recipient, contractor, staff member, inmate, or other individual or
128	128	group to adopt or express a belief in, or support for, racist or
129	129	sexist concepts or revisionist history concerning race or sex,
130	130	including that:
131	131	(1) one race or sex is inherently superior to another
132	132	race or sex;
133	133	(2) an individual, by virtue of the individual's race
134	134	or sex, is inherently racist, sexist, or oppressive, whether
135	135	consciously or unconsciously;
136	136	(3) an individual should be discriminated against or
137	137	receive adverse treatment solely or partly because of the
138	138	individual's race;
139	139	(4) members of one race or sex cannot and should not
140	140	attempt to treat others without respect to race;
141	141	(5) an individual's moral character, standing, or
142	142	worth is necessarily determined by the individual's race;
143	143	(6) an individual, by virtue of the individual's race
144	144	or sex, bears responsibility for actions committed in the past by
145	145	other members of the same race or sex;
146	146	(7) an individual should feel discomfort, guilt,
147	147	anguish, or any other form of psychological distress on account of
148	148	the individual's race or sex;
149	149	(8) meritocracy or traits such as having a strong work
150	150	ethic are racist or sexist or were created by members of a
151	151	particular race to oppress members of another race;
152	152	(9) the advent of slavery in the territory that is now
153	153	the United States constituted the true founding of the United
154	154	States; or
155	155	(10) with respect to their relationship to American
156	156	values, slavery and racism are anything other than deviations from,
157	157	betrayals of, or failures to live up to, the authentic founding
158	158	principles of the United States, which include liberty and
159	159	equality.
160	160	SECTION 3. Chapter 2275, Government Code, as added by this
161	161	Act, applies only to a contract entered into on or after the
162	162	effective date of this Act. A contract entered into before that
163	163	date is governed by the law in effect on the date the contract was
164	164	entered into, and the former law is continued in effect for that
165	165	purpose.
166	166	SECTION 4. This Act takes effect immediately if it receives
167	167	a vote of two-thirds of all the members elected to each house, as
168	168	provided by Section 39, Article III, Texas Constitution. If this
169	169	Act does not receive the vote necessary for immediate effect, this
170	170	Act takes effect on the 91st day after the last day of the
171	171	legislative session.