Texas 2023 - 88th 3rd C.S.

Texas House Bill HB144 Compare Versions

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1	1	88S30139 RDS-D
2	2	By: Tepper H.B. No. 144
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the implementation of diversity, equity, and inclusion
8	8	initiatives by certain governmental entities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 6, Government Code, is amended
11	11	by adding Chapter 621 to read as follows:
12	12	CHAPTER 621. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND
13	13	INCLUSION INITIATIVES
14	14	Sec. 621.001. DEFINITIONS. In this chapter:
15	15	(1) "Diversity, equity, and inclusion office" means an
16	16	office, division, or other unit of a governmental entity
17	17	established for the purpose of:
18	18	(A) influencing hiring or employment practices
19	19	at the entity with respect to race, sex, color, or ethnicity, other
20	20	than through the use of color-blind and sex-neutral hiring
21	21	processes in accordance with any applicable state and federal
22	22	antidiscrimination laws;
23	23	(B) promoting differential treatment or
24	24	providing special benefits to individuals on the basis of race,
25	25	sex, color, or ethnicity;
26	26	(C) promoting policies or procedures designed or
27	27	implemented in reference to race, color, or ethnicity, other than
28	28	policies or procedures implemented for the purpose of ensuring
29	29	compliance with any applicable federal law; or
30	30	(D) conducting trainings, programs, or
31	31	activities designed or implemented in reference to race, color,
32	32	ethnicity, gender identity, or sexual orientation, other than
33	33	trainings, programs, or activities conducted for the purpose of
34	34	ensuring compliance with any applicable court order or state or
35	35	federal law.
36	36	(2) "Governmental entity" has the meaning assigned by
37	37	Section 620.001, Government Code, except that the term also
38	38	includes a school district or open-enrollment charter school.
39	39	Sec. 621.002. APPLICABILITY OF CHAPTER. This chapter does
40	40	not apply to an institution of higher education.
41	41	Sec. 621.003. RESPONSIBILITY OF GOVERNMENTAL ENTITY
42	42	REGARDING DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. (a) A
43	43	governmental entity shall ensure that each unit of the entity:
44	44	(1) does not, except as required by federal law:
45	45	(A) establish or maintain a diversity, equity,
46	46	and inclusion office;
47	47	(B) hire or assign an employee of the entity or
48	48	contract with a third party to perform the duties of a diversity,
49	49	equity, and inclusion office;
50	50	(C) compel, require, induce, or solicit any
51	51	person to provide a diversity, equity, and inclusion statement or
52	52	give preferential consideration to any person based on the
53	53	provision of a diversity, equity, and inclusion statement;
54	54	(D) give preference on the basis of race, sex,
55	55	color, ethnicity, or national origin to an applicant for
56	56	employment, an employee, or a participant in any function of the
57	57	entity; or
58	58	(E) require as a condition of employment any
59	59	person to participate in diversity, equity, and inclusion training,
60	60	which:
61	61	(i) includes a training, program, or
62	62	activity designed or implemented in reference to race, color,
63	63	ethnicity, gender identity, or sexual orientation; and
64	64	(ii) does not include a training, program,
65	65	or activity developed for the purpose of ensuring compliance with
66	66	any applicable federal law; and
67	67	(2) adopts policies and procedures for appropriately
68	68	disciplining, including by termination, an employee or contractor
69	69	of the entity who engages in conduct in violation of Subdivision
70	70	(1).
71	71	(b) Subsection (a)(1) may not be construed to apply to:
72	72	(1) academic course instruction;
73	73	(2) scholarly research or a creative work by a school
74	74	district's or open-enrollment charter school's students or faculty;
75	75	(3) an activity of a student organization registered
76	76	with or recognized by a school district or open-enrollment charter
77	77	school;
78	78	(4) guest speakers or performers on short-term
79	79	engagements;
80	80	(5) a program or activity to enhance student academic
81	81	achievement or postgraduate outcomes that allows participation
82	82	without regard to race, sex, color, or ethnicity; or
83	83	(6) data collection.
84	84	(c) An employee of a governmental entity who is required to
85	85	participate in training in violation of Subsection (a)(1)(E) may
86	86	bring an action against the entity for injunctive and declaratory
87	87	relief.
88	88	SECTION 2. This Act takes effect immediately if it receives
89	89	a vote of two-thirds of all the members elected to each house, as
90	90	provided by Section 39, Article III, Texas Constitution. If this
91	91	Act does not receive the vote necessary for immediate effect, this
92	92	Act takes effect on the 91st day after the last day of the
93	93	legislative session.