By: Toth H.B. No. 40
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on certain training concerning race or
sex, including a prohibition on state or local government contracts
with companies that require that training; providing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Government Code, is amended
by adding Chapter 620 to read as follows:
CHAPTER 620. CERTAIN TRAINING RELATING TO RACE OR SEX PROHIBITED
Sec. 620.001. DEFINITIONS. In this chapter, "political
subdivision" and "state agency" have the meanings assigned by
Section 609.001.
Sec. 620.002. CERTAIN TRAINING PROHIBITED. (a) A state
agency or political subdivision may not, directly or through
another entity, compel, inculcate, instruct, teach, or train an
employee, student, service recipient, contractor, staff member,
inmate, or other individual or group to adopt or express a belief
in, or support for, racist or sexist concepts or revisionist
history concerning race or sex, including that:
(1) one race or sex is inherently superior to another
race or sex;
(2) an individual, by virtue of the individual's race
or sex, is inherently racist, sexist, or oppressive, whether
consciously or unconsciously;
(3) an individual should be discriminated against or
receive adverse treatment solely or partly because of the
individual's race;
(4) members of one race or sex cannot and should not
attempt to treat others without respect to race;
(5) an individual's moral character, standing, or
worth is necessarily determined by the individual's race;
(6) an individual, by virtue of the individual's race
or sex, bears responsibility for actions committed in the past by
other members of the same race or sex;
(7) an individual should feel discomfort, guilt,
anguish, or any other form of psychological distress on account of
the individual's race or sex;
(8) meritocracy or traits such as having a strong work
ethic are racist or sexist or were created by members of a
particular race to oppress members of another race;
(9) the advent of slavery in the territory that is now
the United States constituted the true founding of the United
States; or
(10) with respect to their relationship to American
values, slavery and racism are anything other than deviations from,
betrayals of, or failures to live up to, the authentic founding
principles of the United States, which include liberty and
equality.
(b) A state agency or political subdivision may not subject
an employee to an adverse employment action, warning, or discipline
for refusing to participate in a training program or other activity
described by Subsection (a).
(c) Not later than November 1 of each year, a state agency or
political subdivision shall review any training program relating to
diversity or inclusion and evaluate whether the training program
violates Subsection (a).
(d) Except as provided by Subsection (a), this section may
not be construed to prohibit or discourage a state agency or
political subdivision from providing workplace sensitivity
training based on the inherent humanity and equality of all persons
and the idea that all persons should be treated with equality,
dignity, and respect.
(e) An effort by a state agency or political subdivision to
encourage diversity and inclusion must, first and foremost,
encourage public employees to not judge or treat another person
differently on the basis of a protected characteristic.
Sec. 620.003. ENFORCEMENT; CIVIL PENALTY FOR VIOLATION BY
STATE AGENCY OR POLITICAL SUBDIVISION. (a) A state agency or
political subdivision that violates Section 620.002 is liable to
this state for a civil penalty in the amount of $5,000 for each
violation. Each day a violation continues is considered a separate
violation for purposes of this subsection.
(b) A resident of this state may file a complaint with the
attorney general alleging that a state agency or political
subdivision is in violation of Section 620.002. The resident must
include with the complaint a signed statement describing the
violation.
(c) If, based on an investigation, the attorney general
determines that a violation of Section 620.002 has occurred, the
attorney general shall provide the appropriate officer of the state
agency or political subdivision with a written notice that:
(1) describes the violation;
(2) states the amount of the proposed civil penalty
for the violation; and
(3) requires the state agency or political subdivision
to cure the violation on or before the 15th day after the date the
notice is received to avoid the civil penalty, unless the state
agency or political subdivision was previously found liable by a
court for violating Section 620.002.
(d) If a state agency or political subdivision does not cure
the violation on or before the 15th day after the date notice under
Subsection (c) is received or the state agency or political
subdivision was previously found liable by a court for violating
Section 620.002, the attorney general may sue to collect the civil
penalty. In addition, the attorney general may petition for a writ
of mandamus or apply for other appropriate equitable relief.
(e) A suit or petition under this section may be filed in a
district court in Travis County.
(f) The attorney general may recover reasonable expenses
incurred in obtaining relief under this section, including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition costs.
(g) Sovereign immunity to suit is waived and abolished to
the extent of liability created by this section.
Sec. 620.004. TERMINATION OF EMPLOYEE FOR VIOLATION. An
employee of a state agency or political subdivision may be
terminated for wilfully or repeatedly violating Section 620.002.
SECTION 2. Subtitle F, Title 10, Government Code, is
amended by adding Chapter 2275 to read as follows:
CHAPTER 2275. PROHIBITION ON CONTRACTS WITH COMPANIES THAT REQUIRE
CERTAIN TRAINING RELATED TO RACE OR SEX
Sec. 2275.001. DEFINITIONS. In this chapter:
(1) "Company" has the meaning assigned by Section
808.001.
(2) "Political subdivision" and "state agency" have
the meanings assigned in Section 609.001.
Sec. 2275.002. PROVISION REQUIRED IN CONTRACT. A state
agency or political subdivision may not enter into a contract with a
company for goods or services unless the contract contains a
written verification from the company that it does not, and will not
during the term of the contract, compel, inculcate, instruct,
teach, or train any public or private employee, student, service
recipient, contractor, staff member, inmate, or other individual or
group to adopt or express a belief in, or support for, racist or
sexist concepts or revisionist history concerning race or sex,
including that:
(1) one race or sex is inherently superior to another
race or sex;
(2) an individual, by virtue of the individual's race
or sex, is inherently racist, sexist, or oppressive, whether
consciously or unconsciously;
(3) an individual should be discriminated against or
receive adverse treatment solely or partly because of the
individual's race;
(4) members of one race or sex cannot and should not
attempt to treat others without respect to race;
(5) an individual's moral character, standing, or
worth is necessarily determined by the individual's race;
(6) an individual, by virtue of the individual's race
or sex, bears responsibility for actions committed in the past by
other members of the same race or sex;
(7) an individual should feel discomfort, guilt,
anguish, or any other form of psychological distress on account of
the individual's race or sex;
(8) meritocracy or traits such as having a strong work
ethic are racist or sexist or were created by members of a
particular race to oppress members of another race;
(9) the advent of slavery in the territory that is now
the United States constituted the true founding of the United
States; or
(10) with respect to their relationship to American
values, slavery and racism are anything other than deviations from,
betrayals of, or failures to live up to, the authentic founding
principles of the United States, which include liberty and
equality.
SECTION 3. Chapter 2275, Government Code, as added by this
Act, applies only to a contract entered into on or after the
effective date of this Act. A contract entered into before that
date is governed by the law in effect on the date the contract was
entered into, and the former law is continued in effect for that
purpose.
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 on the 91st day after the last day of the
legislative session.