Texas 2023 - 88th Regular

Texas House Bill HB5140

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a prohibition against the consideration of race or ethnicity as a factor in governmental employment or contracting, in other governmental functions, and in higher education admissions.

Impact

The enactment of HB 5140 would significantly amend various sections of the Texas Education Code and Government Code to ensure that race or ethnicity cannot be a factor for state agencies or educational institutions. This includes revisions to admissions processes for higher education, effectively restructuring how applications are reviewed and potentially altering demographic representations in Texas academia. The bill also involves conforming amendments across multiple codes, reflecting a broader shift towards a race-neutral policy in state operations.

Summary

House Bill 5140 aims to prohibit the consideration of race or ethnicity as factors in governmental employment, contracting processes, and higher education admissions in Texas. The bill's principal objective is to foster a merit-based system for these sectors, arguing that decisions should be made solely on qualifications and performance rather than racial or ethnic backgrounds. Proponents of this legislation believe it will enhance equality and eliminate perceived discrimination in these crucial areas of public service and education.

Sentiment

The sentiment surrounding HB 5140 is highly contentious and polarized. Supporters, including various conservative groups, argue that the bill represents a necessary step towards true equality by ensuring that all individuals are evaluated based on their skills and not hindered or favored due to their racial or ethnic backgrounds. Conversely, opponents raise concerns that such a bill might further entrench systemic inequalities by ignoring the advantages historically afforded to non-minority groups, thus preserving the status quo rather than promoting true inclusivity.

Contention

Debate on HB 5140 has revealed deep ideological divides regarding the role of race in policy and governance. Critics of the bill contend that eliminating consideration of race and ethnicity fails to acknowledge and address the unique challenges faced by marginalized communities in the employment and education sectors. Advocacy groups warn that the bill could exacerbate disparities instead of alleviating them. As such, the discussions around HB 5140 reflect larger societal conversations about race, privilege, and the meaning of equality in contemporary Texas.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 51. Provisions Generally Applicable To Higher Education
    • Section: New Section
  • Chapter 5. Definitions
    • Section: New Section
  • Chapter 55. Financing Permanent Improvements
    • Section: New Section

Government Code

  • Chapter 1. General Provisions
    • Section: New Section

Agriculture Code

  • Chapter 12. Powers And Duties
    • Section: New Section

Transportation Code

  • Chapter 451. Metropolitan Rapid Transit Authorities
    • Section: 253
    • Section: 353
  • Chapter 284. Causeways, Bridges, Tunnels, Turnpikes, Ferries, And Highways In Certain Counties
    • Section: 007

Occupations Code

  • Chapter 901. Accountants
    • Section: 659

Tax Code

  • Chapter 311. Tax Increment Financing Act
    • Section: 0101

Local Government Code

  • Chapter 381. County Development And Growth
    • Section: 004
  • Chapter 351. County Jails And Law Enforcement
    • Section: New Section

Companion Bills

No companion bills found.

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