| 1 | 1 | | By: Tepper H.B. No. 1033 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to prohibiting the use of political tests by governmental |
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| 7 | 7 | | entities and certain government contracts. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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| 10 | 10 | | by adding Chapter 620 to read as follows: |
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| 11 | 11 | | CHAPTER 620. PROHIBITION ON POLITICAL TESTS |
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| 12 | 12 | | Sec. 620.001. DEFINITIONS. In this section, "governmental |
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| 13 | 13 | | entity" means: |
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| 14 | 14 | | (1) this state, a municipality, a county, or other |
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| 15 | 15 | | political subdivision of this state; or |
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| 16 | 16 | | (2) any agency of this state, of a county, of a |
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| 17 | 17 | | municipality, or of any other political subdivision of this state, |
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| 18 | 18 | | including a department, bureau, board, commission, office, agency, |
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| 19 | 19 | | council, school district, open-enrollment charter school, and |
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| 20 | 20 | | public institution of higher education. |
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| 21 | 21 | | Sec. 620.002. POLITICAL TESTS PROHIBITED. (a) A |
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| 22 | 22 | | governmental entity may not require any person to receive or |
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| 23 | 23 | | participate in training, identify a commitment to, or make a |
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| 24 | 24 | | statement of personal belief supporting any specific partisan, |
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| 25 | 25 | | political, or ideological set of beliefs, including an ideology or |
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| 26 | 26 | | movement that promotes the differential treatment of any individual |
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| 27 | 27 | | or group based on race or ethnicity, such as: |
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| 28 | 28 | | (1) an initiative or formulation of diversity, equity, |
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| 29 | 29 | | and inclusion beyond what is necessary to uphold the equal |
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| 30 | 30 | | protection of the laws under the Fourteenth Amendment to the United |
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| 31 | 31 | | States Constitution; or |
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| 32 | 32 | | (2) a theory or practice that asserts that systems or |
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| 33 | 33 | | institutions upholding the equal protection of the laws under the |
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| 34 | 34 | | Fourteenth Amendment to the United States Constitution are racist, |
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| 35 | 35 | | oppressive, or otherwise unjust. |
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| 36 | 36 | | SECTION 2. Subtitle F, Title 10, Government Code, is |
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| 37 | 37 | | amended by adding Chapter 2275 to read as follows: |
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| 38 | 38 | | CHAPTER 2275. PROHIBITION ON CONTRACTS REQUIRING POLITICAL TESTS |
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| 39 | 39 | | Sec. 2275.001. DEFINITIONS. In this section, "governmental |
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| 40 | 40 | | entity" means: |
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| 41 | 41 | | (1) this state, a municipality, a county, or other |
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| 42 | 42 | | political subdivision of this state; or |
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| 43 | 43 | | (2) any agency of this state, of a county, of a |
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| 44 | 44 | | municipality, or of any other political subdivision of this state, |
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| 45 | 45 | | including a department, bureau, board, commission, office, agency, |
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| 46 | 46 | | council, school district, open-enrollment charter school, and |
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| 47 | 47 | | public institution of higher education. |
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| 48 | 48 | | Sec. 2275.002. PROHIBITED CONTRACTS. (a) A governmental |
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| 49 | 49 | | entity may not enter into a contract or other agreement with a |
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| 50 | 50 | | company or organization that requires an employee or student of a |
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| 51 | 51 | | governmental entity to receive or participate in training, identify |
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| 52 | 52 | | a commitment to, or make a statement of personal belief supporting |
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| 53 | 53 | | any specific partisan, political, or ideological set of beliefs, |
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| 54 | 54 | | including an ideology or movement that promotes the differential |
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| 55 | 55 | | treatment of any individual or group based on race or ethnicity, |
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| 56 | 56 | | such as: |
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| 57 | 57 | | (1) an initiative or formulation of diversity, equity, |
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| 58 | 58 | | and inclusion beyond what is necessary to uphold the equal |
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| 59 | 59 | | protection of the laws under the Fourteenth Amendment to the United |
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| 60 | 60 | | States Constitution; or |
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| 61 | 61 | | (2) a theory or practice that asserts that systems or |
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| 62 | 62 | | institutions upholding the equal protection of the laws under the |
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| 63 | 63 | | Fourteenth Amendment to the United States Constitution are racist, |
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| 64 | 64 | | oppressive, or otherwise unjust. |
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| 65 | 65 | | SECTION 3. Chapter 2275, Government Code, as added by this |
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| 66 | 66 | | Act, applies to a contract or agreement entered into on or after the |
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| 67 | 67 | | effective date of this Act. |
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| 68 | 68 | | SECTION 4. This Act takes effect immediately if it receives |
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| 69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
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| 70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
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| 72 | 72 | | Act takes effect September 1, 2023. |
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