88S30139 RDS-D
By: Tepper H.B. No. 144
A BILL TO BE ENTITLED
AN ACT
relating to the implementation of diversity, equity, and inclusion
initiatives by certain governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Government Code, is amended
by adding Chapter 621 to read as follows:
CHAPTER 621. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND
INCLUSION INITIATIVES
Sec. 621.001. DEFINITIONS. In this chapter:
(1) "Diversity, equity, and inclusion office" means an
office, division, or other unit of a governmental entity
established for the purpose of:
(A) influencing hiring or employment practices
at the entity with respect to race, sex, color, or ethnicity, other
than through the use of color-blind and sex-neutral hiring
processes in accordance with any applicable state and federal
antidiscrimination laws;
(B) promoting differential treatment or
providing special benefits to individuals on the basis of race,
sex, color, or ethnicity;
(C) promoting policies or procedures designed or
implemented in reference to race, color, or ethnicity, other than
policies or procedures implemented for the purpose of ensuring
compliance with any applicable federal law; or
(D) conducting trainings, programs, or
activities designed or implemented in reference to race, color,
ethnicity, gender identity, or sexual orientation, other than
trainings, programs, or activities conducted for the purpose of
ensuring compliance with any applicable court order or state or
federal law.
(2) "Governmental entity" has the meaning assigned by
Section 620.001, Government Code, except that the term also
includes a school district or open-enrollment charter school.
Sec. 621.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to an institution of higher education.
Sec. 621.003. RESPONSIBILITY OF GOVERNMENTAL ENTITY
REGARDING DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. (a) A
governmental entity shall ensure that each unit of the entity:
(1) does not, except as required by federal law:
(A) establish or maintain a diversity, equity,
and inclusion office;
(B) hire or assign an employee of the entity or
contract with a third party to perform the duties of a diversity,
equity, and inclusion office;
(C) compel, require, induce, or solicit any
person to provide a diversity, equity, and inclusion statement or
give preferential consideration to any person based on the
provision of a diversity, equity, and inclusion statement;
(D) give preference on the basis of race, sex,
color, ethnicity, or national origin to an applicant for
employment, an employee, or a participant in any function of the
entity; or
(E) require as a condition of employment any
person to participate in diversity, equity, and inclusion training,
which:
(i) includes a training, program, or
activity designed or implemented in reference to race, color,
ethnicity, gender identity, or sexual orientation; and
(ii) does not include a training, program,
or activity developed for the purpose of ensuring compliance with
any applicable federal law; and
(2) adopts policies and procedures for appropriately
disciplining, including by termination, an employee or contractor
of the entity who engages in conduct in violation of Subdivision
(1).
(b) Subsection (a)(1) may not be construed to apply to:
(1) academic course instruction;
(2) scholarly research or a creative work by a school
district's or open-enrollment charter school's students or faculty;
(3) an activity of a student organization registered
with or recognized by a school district or open-enrollment charter
school;
(4) guest speakers or performers on short-term
engagements;
(5) a program or activity to enhance student academic
achievement or postgraduate outcomes that allows participation
without regard to race, sex, color, or ethnicity; or
(6) data collection.
(c) An employee of a governmental entity who is required to
participate in training in violation of Subsection (a)(1)(E) may
bring an action against the entity for injunctive and declaratory
relief.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.