88R12321 CXP-D
By: Tepper H.B. No. 3682
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition against affirmative action in
governmental employment and in higher education admissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PROHIBITION AGAINST AFFIRMATIVE ACTION IN GOVERNMENTAL
EMPLOYMENT AND IN HIGHER EDUCATION ADMISSIONS
SECTION 1.01. Section 51.805, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A general academic teaching institution may not
consider an applicant's race, color, or any other protected
characteristic under applicable state or federal law as a factor in
making admissions decisions. An applicant may seek any appropriate
remedy available under state or federal law for a violation of this
subsection. To the extent of any conflict, this subsection
prevails over any other law relating to admissions decisions made
by a general academic teaching institution. Nothing in this
subsection may be construed to impair the enforcement of any
applicable state or federal civil rights law.
SECTION 1.02. Section 51.808, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A general academic teaching institution or medical
and dental unit may not adopt a policy under this section under
which the institution may consider an applicant's race, color, or
any other protected characteristic under applicable state or
federal law as a factor in making admissions decisions. An
applicant may seek any appropriate remedy available under state or
federal law for a violation of this subsection. To the extent of
any conflict, this subsection prevails over any other law relating
to admissions decisions made by a general academic teaching
institution or medical and dental unit. Nothing in this subsection
may be construed to impair the enforcement of any applicable state
or federal civil rights law.
SECTION 1.03. Chapter 1, Government Code, is amended by
adding Section 1.004 to read as follows:
Sec. 1.004. PROHIBITION AGAINST AFFIRMATIVE ACTION IN
GOVERNMENTAL EMPLOYMENT. (a) In this section:
(1) "Employment decision" includes a decision
regarding a person's hiring, termination, promotion, demotion,
transfer, conditions of employment, or wages.
(2) "Government agency" has the meaning assigned by
Section 110.001, Civil Practice and Remedies Code.
(b) Notwithstanding any other law, a government agency may
not consider the race, color, or any other protected characteristic
under applicable state or federal law of a person as a factor in
making an employment decision regarding the person.
(c) A person may seek any appropriate remedy available under
state or federal law for a violation of this section.
(d) To the extent of any conflict, this section prevails
over any other law relating to an employment decision made by a
government agency.
(e) Nothing in this section may be construed to impair the
application or enforcement of any applicable state or federal civil
rights law.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Section 901.659, Occupations Code, is amended
to read as follows:
Sec. 901.659. [MINORITY AND] DISADVANTAGED STUDENT
INTERNSHIPS. (a) The board shall adopt rules to encourage
internships for [minority and] disadvantaged students and
certified public accountant examination candidates who notify the
board not later than 90 days after the date of being accepted into
an accounting internship program.
(b) The rules adopted by the board shall include standards
for appropriate recognition of an accounting firm for its efforts
in training and hiring [minority or] disadvantaged students.
SECTION 2.02. Section 51.803(k), Education Code, is
repealed.
ARTICLE 3. TRANSITION AND EFFECTIVE DATE
SECTION 3.01. The change in law made by this Act to
Subchapter U, Chapter 51, Education Code, applies beginning with
admissions to a general academic teaching institution for the
2024-2025 academic year. Admissions for an academic period
preceding that academic year are covered by the law in effect
immediately before the effective date of this Act, and the prior law
is continued in effect for that purpose.
SECTION 3.02. This Act takes effect September 1, 2023.