| 1 | 1 | | 88R12321 CXP-D |
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| 2 | 2 | | By: Tepper H.B. No. 3682 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a prohibition against affirmative action in |
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| 8 | 8 | | governmental employment and in higher education admissions. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | ARTICLE 1. PROHIBITION AGAINST AFFIRMATIVE ACTION IN GOVERNMENTAL |
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| 11 | 11 | | EMPLOYMENT AND IN HIGHER EDUCATION ADMISSIONS |
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| 12 | 12 | | SECTION 1.01. Section 51.805, Education Code, is amended by |
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| 13 | 13 | | adding Subsection (b-1) to read as follows: |
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| 14 | 14 | | (b-1) A general academic teaching institution may not |
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| 15 | 15 | | consider an applicant's race, color, or any other protected |
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| 16 | 16 | | characteristic under applicable state or federal law as a factor in |
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| 17 | 17 | | making admissions decisions. An applicant may seek any appropriate |
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| 18 | 18 | | remedy available under state or federal law for a violation of this |
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| 19 | 19 | | subsection. To the extent of any conflict, this subsection |
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| 20 | 20 | | prevails over any other law relating to admissions decisions made |
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| 21 | 21 | | by a general academic teaching institution. Nothing in this |
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| 22 | 22 | | subsection may be construed to impair the enforcement of any |
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| 23 | 23 | | applicable state or federal civil rights law. |
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| 24 | 24 | | SECTION 1.02. Section 51.808, Education Code, is amended by |
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| 25 | 25 | | adding Subsection (b-1) to read as follows: |
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| 26 | 26 | | (b-1) A general academic teaching institution or medical |
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| 27 | 27 | | and dental unit may not adopt a policy under this section under |
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| 28 | 28 | | which the institution may consider an applicant's race, color, or |
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| 29 | 29 | | any other protected characteristic under applicable state or |
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| 30 | 30 | | federal law as a factor in making admissions decisions. An |
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| 31 | 31 | | applicant may seek any appropriate remedy available under state or |
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| 32 | 32 | | federal law for a violation of this subsection. To the extent of |
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| 33 | 33 | | any conflict, this subsection prevails over any other law relating |
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| 34 | 34 | | to admissions decisions made by a general academic teaching |
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| 35 | 35 | | institution or medical and dental unit. Nothing in this subsection |
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| 36 | 36 | | may be construed to impair the enforcement of any applicable state |
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| 37 | 37 | | or federal civil rights law. |
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| 38 | 38 | | SECTION 1.03. Chapter 1, Government Code, is amended by |
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| 39 | 39 | | adding Section 1.004 to read as follows: |
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| 40 | 40 | | Sec. 1.004. PROHIBITION AGAINST AFFIRMATIVE ACTION IN |
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| 41 | 41 | | GOVERNMENTAL EMPLOYMENT. (a) In this section: |
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| 42 | 42 | | (1) "Employment decision" includes a decision |
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| 43 | 43 | | regarding a person's hiring, termination, promotion, demotion, |
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| 44 | 44 | | transfer, conditions of employment, or wages. |
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| 45 | 45 | | (2) "Government agency" has the meaning assigned by |
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| 46 | 46 | | Section 110.001, Civil Practice and Remedies Code. |
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| 47 | 47 | | (b) Notwithstanding any other law, a government agency may |
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| 48 | 48 | | not consider the race, color, or any other protected characteristic |
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| 49 | 49 | | under applicable state or federal law of a person as a factor in |
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| 50 | 50 | | making an employment decision regarding the person. |
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| 51 | 51 | | (c) A person may seek any appropriate remedy available under |
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| 52 | 52 | | state or federal law for a violation of this section. |
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| 53 | 53 | | (d) To the extent of any conflict, this section prevails |
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| 54 | 54 | | over any other law relating to an employment decision made by a |
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| 55 | 55 | | government agency. |
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| 56 | 56 | | (e) Nothing in this section may be construed to impair the |
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| 57 | 57 | | application or enforcement of any applicable state or federal civil |
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| 58 | 58 | | rights law. |
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| 59 | 59 | | ARTICLE 2. CONFORMING AMENDMENTS |
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| 60 | 60 | | SECTION 2.01. Section 901.659, Occupations Code, is amended |
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| 61 | 61 | | to read as follows: |
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| 62 | 62 | | Sec. 901.659. [MINORITY AND] DISADVANTAGED STUDENT |
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| 63 | 63 | | INTERNSHIPS. (a) The board shall adopt rules to encourage |
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| 64 | 64 | | internships for [minority and] disadvantaged students and |
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| 65 | 65 | | certified public accountant examination candidates who notify the |
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| 66 | 66 | | board not later than 90 days after the date of being accepted into |
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| 67 | 67 | | an accounting internship program. |
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| 68 | 68 | | (b) The rules adopted by the board shall include standards |
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| 69 | 69 | | for appropriate recognition of an accounting firm for its efforts |
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| 70 | 70 | | in training and hiring [minority or] disadvantaged students. |
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| 71 | 71 | | SECTION 2.02. Section 51.803(k), Education Code, is |
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| 72 | 72 | | repealed. |
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| 73 | 73 | | ARTICLE 3. TRANSITION AND EFFECTIVE DATE |
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| 74 | 74 | | SECTION 3.01. The change in law made by this Act to |
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| 75 | 75 | | Subchapter U, Chapter 51, Education Code, applies beginning with |
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| 76 | 76 | | admissions to a general academic teaching institution for the |
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| 77 | 77 | | 2024-2025 academic year. Admissions for an academic period |
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| 78 | 78 | | preceding that academic year are covered by the law in effect |
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| 79 | 79 | | immediately before the effective date of this Act, and the prior law |
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| 80 | 80 | | is continued in effect for that purpose. |
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| 81 | 81 | | SECTION 3.02. This Act takes effect September 1, 2023. |
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