| 1 | 1 | | 88R2538 KKR-D |
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| 2 | 2 | | By: Miles S.B. No. 1356 |
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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 discrimination on the basis of hair texture or |
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| 8 | 8 | | protective hairstyle associated with race. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 25, Education Code, is |
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| 11 | 11 | | amended by adding Section 25.902 to read as follows: |
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| 12 | 12 | | Sec. 25.902. PROHIBITION ON CERTAIN DISCRIMINATION IN |
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| 13 | 13 | | STUDENT DRESS OR GROOMING POLICY. (a) In this section, "protective |
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| 14 | 14 | | hairstyle" includes braids, locks, and twists. |
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| 15 | 15 | | (b) Any student dress or grooming policy adopted by a school |
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| 16 | 16 | | district, including a student dress or grooming policy for any |
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| 17 | 17 | | extracurricular activity, may not discriminate against a hair |
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| 18 | 18 | | texture or protective hairstyle commonly or historically |
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| 19 | 19 | | associated with race. |
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| 20 | 20 | | SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
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| 21 | 21 | | amended by adding Section 51.979 to read as follows: |
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| 22 | 22 | | Sec. 51.979. PROHIBITION ON CERTAIN DISCRIMINATION IN |
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| 23 | 23 | | STUDENT DRESS OR GROOMING POLICY. (a) In this section: |
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| 24 | 24 | | (1) "Institution of higher education" has the meaning |
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| 25 | 25 | | assigned by Section 61.003. |
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| 26 | 26 | | (2) "Protective hairstyle" includes braids, locks, |
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| 27 | 27 | | and twists. |
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| 28 | 28 | | (b) Any student dress or grooming policy adopted by an |
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| 29 | 29 | | institution of higher education, including a student dress or |
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| 30 | 30 | | grooming policy for any extracurricular activity, may not |
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| 31 | 31 | | discriminate against a hair texture or protective hairstyle |
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| 32 | 32 | | commonly or historically associated with race. |
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| 33 | 33 | | SECTION 3. Subchapter C, Chapter 21, Labor Code, is amended |
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| 34 | 34 | | by adding Section 21.1095 to read as follows: |
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| 35 | 35 | | Sec. 21.1095. RACIAL DISCRIMINATION BASED ON HAIR TEXTURE |
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| 36 | 36 | | OR PROTECTIVE HAIRSTYLE. (a) In this section, "protective |
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| 37 | 37 | | hairstyle" includes braids, locks, and twists. |
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| 38 | 38 | | (b) A provision in this chapter referring to discrimination |
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| 39 | 39 | | because of race or on the basis of race includes discrimination |
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| 40 | 40 | | because of or on the basis of an employee's hair texture or |
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| 41 | 41 | | protective hairstyle commonly or historically associated with |
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| 42 | 42 | | race. |
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| 43 | 43 | | (c) An employer, labor union, or employment agency commits |
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| 44 | 44 | | an unlawful employment practice if the employer, labor union, or |
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| 45 | 45 | | employment agency adopts or enforces a dress or grooming policy |
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| 46 | 46 | | that discriminates against a hair texture or protective hairstyle |
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| 47 | 47 | | commonly or historically associated with race. |
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| 48 | 48 | | SECTION 4. Subchapter A, Chapter 301, Property Code, is |
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| 49 | 49 | | amended by adding Section 301.0045 to read as follows: |
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| 50 | 50 | | Sec. 301.0045. RACIAL DISCRIMINATION BASED ON HAIR TEXTURE |
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| 51 | 51 | | OR PROTECTIVE HAIRSTYLE. (a) In this section, "protective |
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| 52 | 52 | | hairstyle" includes braids, locks, and twists. |
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| 53 | 53 | | (b) A provision in this chapter, other than a provision in |
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| 54 | 54 | | Subchapter I, referring to discrimination because of race or on the |
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| 55 | 55 | | basis of race includes discrimination because of or on the basis of |
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| 56 | 56 | | a person's hair texture or protective hairstyle commonly or |
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| 57 | 57 | | historically associated with race. |
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| 58 | 58 | | SECTION 5. Section 21.1095, Labor Code, as added by this |
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| 59 | 59 | | Act, applies only to an unlawful employment practice that occurs on |
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| 60 | 60 | | or after the effective date of this Act. |
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| 61 | 61 | | SECTION 6. Section 301.0045, Property Code, as added by |
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| 62 | 62 | | this Act, applies only to a discriminatory housing practice that |
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| 63 | 63 | | occurs on or after the effective date of this Act. |
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| 64 | 64 | | SECTION 7. This Act takes effect September 1, 2023. |
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