| 1 | 1 | | By: Tepper H.B. No. 1046 |
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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 public |
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| 7 | 7 | | institutions of higher education. |
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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. Subchapter Z, Chapter 51, Education Code, is |
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| 10 | 10 | | amended by adding Section 51.9316 to read as follows: |
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| 11 | 11 | | Sec. 51.9316. POLITICAL TESTS PROHIBITED. (a) In this |
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| 12 | 12 | | section, "institution of higher education" has the meaning assigned |
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| 13 | 13 | | by Section 61.003. |
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| 14 | 14 | | (b) An institution of higher education may not require an |
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| 15 | 15 | | employee or student or an applicant for employment with or |
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| 16 | 16 | | admission to the institution, as a condition of employment, |
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| 17 | 17 | | promotion, or admission, to identify a commitment to or make a |
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| 18 | 18 | | statement of personal belief supporting any specific partisan, |
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| 19 | 19 | | political, or ideological set of beliefs, including an ideology or |
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| 20 | 20 | | movement that promotes the differential treatment of any individual |
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| 21 | 21 | | or group based on race or ethnicity, such as: |
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| 22 | 22 | | (1) an initiative or formulation of diversity, equity, |
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| 23 | 23 | | and inclusion beyond what is necessary to uphold the equal |
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| 24 | 24 | | protection of the laws under the Fourteenth Amendment to the United |
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| 25 | 25 | | States Constitution; or |
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| 26 | 26 | | (2) a theory or practice that asserts that systems or |
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| 27 | 27 | | institutions upholding the equal protection of the laws under the |
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| 28 | 28 | | Fourteenth Amendment to the United States Constitution are racist, |
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| 29 | 29 | | oppressive, or otherwise unjust. |
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| 30 | 30 | | SECTION 2. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect September 1, 2023. |
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