By: Schoolcraft H.B. No. 1280
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting governmental discriminatory practices as
well as submissions and trainings that could lead to discriminatory
treatment of individuals because of personal identity
characteristics including an individual's race, color, ethnicity,
sex, national origin or religion and the establishment of remedies
and penalties for discriminatory treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SHORT TITLE
SECTION 1. This Act may be cited as the Texas Government
Anti-discrimination act of 2025.
SECTION 2 - TEXAS GOVERNMENT CODE Texas Government Code,
Title 1, is amended by adding Chapter 3 to read as follows:
CHAPTER 3. PROHIBITED DISCRIMINATORY PRACTICES
Sec. 3.001. PURPOSE
(1) The purpose of this chapter is to establish the
government of the State of Texas as a meritocracy in which all
employees receive equal opportunities based on their abilities and
efforts without regard to their race, color, ethnicity, sex,
national origin or religion.
Sec 3.002 DEFINITIONS. In this chapter:
(1) "Personal identity characteristics" means an
individual's race, color, ethnicity, sex, national origin, or
religion.
(2) "Prohibited discriminatory practice" means
engaging in or maintaining a policy, procedure, practice, program,
office, initiative, or required training that, based on an
individual's personal identity characteristics:
(a) promotes the differential treatment of an
individual;
(b) influences the employment decisions of an
individual other than through the use of neutral hiring processes
with regard to personal identity characteristics and in accordance
with federal law;
(c) influences an individual's admission to,
advancement in, or graduation from an institution, the public
education system, or an academic program; or
(d) influences an individual's participation in
an institution-sponsored or public education system-sponsored
program.
(3) "Prohibited discriminatory practice" also means
engaging in or maintaining a policy, procedure, practice, program,
office, initiative, or required training that:
(a) asserts that one personal identity
characteristic is inherently superior or inferior to another
personal identity characteristic;
(b) asserts that an individual, by virtue of the
individual's personal identity characteristics, is inherently
privileged, oppressed, racist, sexist, oppressive, or a victim,
whether consciously or unconsciously;
(c) asserts that an individual should be
discriminated against in violation of Title VI, Title VII, and
Title IX, receive adverse treatment, be advanced, or receive
beneficial treatment because of the individual's personal identity
characteristics;
(d) asserts that an individual's moral character
is determined by the individual's personal identity
characteristics;
(e) asserts that an individual, by virtue of the
individual's personal identity characteristics, bears
responsibility for actions committed in the past by other
individuals with the same personal identity characteristics;
(f) asserts that an individual should feel
discomfort, guilt, anguish, or other psychological distress solely
because of the individual's personal identity characteristics;
(g) asserts that meritocracy is inherently
racist or sexist;
(h) asserts that socio-political structures are
inherently a series of power relationships and struggles among
racial groups;
(i) promotes resentment between, or resentment
of, individuals by virtue of their personal identity
characteristics;
(j) ascribes values, morals, or ethical codes,
privileges, or beliefs to an individual because of the individual's
personal identity characteristics;
(k) considers an individual's personal identity
characteristics in determining receipt of state financial aid or
other state financial assistance, including a scholarship award or
tuition waiver.
(4) "Prohibited discriminatory practice" does not
include actions, policies or procedures that:
(a) Are required by state or federal law,
including laws relating to prohibited discrimination or
harassment; or
(b) Relate to athletic competition or athletic
safety; or
(c) Relate to personal privacy and accommodate
for differences between the two biological sexes.
(d) Relate to a dress code which is otherwise
permissible by law.
(e) Prevent disruptive behavior.
(5) "Prohibited submission" means a submission,
statement, or document that requires an individual to articulate
the individual's position, view, contribution, effort, or
experience regarding a policy, program, or initiative that promotes
differential treatment based on an individual's personal identity
characteristics, as that term is defined herein.
(6) "Prohibited submission" includes a submission,
statement, or document that relates to a policy, program, or
initiative regarding:
(a) anti-racism;
(b) bias;
(c) critical race theory;
(d) implicit bias;
(e) intersectionality;
(f) prohibited discriminatory practice, as that
term is defined herin;
(g) racial privilege.
(7) "Prohibited submission" does not include a
submission, statement, or document for an employment position if
the submission, statement, or document relates to a bona fide
occupational qualification for the position.
(8) "Prohibited training" means a mandatory
instructional program and related materials that require
employees, prospective employees, students, or prospective
students, to attend that promote prohibited discriminatory
practices as that term is defined herein.
(9) "Prohibited training" includes an in-person or
online seminar, discussion group, workshop, other program, or
related materials.
(10) In this chapter, references to an individual
include groups of individuals.
(11) "Governmental employer" means any department,
division, agency, commission, board, council, committee,
authority, municipality, county, political subdivision, school
district, institution of higher education or any other institution
of the state as well as all individuals employed by or acting on
behalf of such employers.
Sec 3.003. PROHIBITED DISCRIMINATORY PRACTICES:
(1) A governmental employer may not:
(a) engage in prohibited discriminatory
practices;
(b) establish or maintain an office, division,
employment position, or other unit of an institution established to
implement, develop, plan, or promote campus policies, procedures,
practices, programs, or initiatives, regarding prohibited
discriminatory practices; or
(c) employ or assign an employee or a third-party
whose duties for an institution include coordinating, creating,
developing, designing, implementing, organizing, planning, or
promoting policies, programming, training, practices, activities,
and procedures relating to prohibited discriminatory practices.
Sec 3.004. PROHIBITED SUBMISSIONS
(1) A governmental employer may not require, request,
solicit, or compel a prohibited submission as a certification or
condition before taking action with respect to:
(a) employment, including decisions regarding:
(i) hiring;
(ii) terms of employment;
(iii) benefits;
(iv) compensation;
(v) seniority status;
(vi) tenure or continuing status;
(vii) promotion;
(viii) performance reviews;
(ix) transfer;
(x) termination; or
(xi) appointment; or
(b) admissions and aid, including:
(i) admission to any state program or
course;
(ii) financial or other forms of
state-administered aid or assistance; or
(iii) other benefits from the governmental
employer for which an individual is eligible.
(3) A governmental employer may not grant any form of
preferential consideration to an individual who, with or without
solicitation from the governmental employer, provides a prohibited
submission for any action described in Subsection (2).
(4) If federal law requires a governmental employer to
accept or require a prohibited submission, the governmental
employer:
(a) may accept the prohibited submission only to
the extent required under federal law; and
(b) shall limit consideration of the information
contained in the prohibited submission to the extent necessary to
satisfy the requirement under federal law.
(4) Nothing in this section limits or prohibits a
governmental employer's authority to establish policies that are
necessary to comply with state or federal law, including laws
relating to prohibited discrimination or harassment.
Sec 3.005. PROHIBITED TRAINING
(1) A governmental employer may not require prohibited
training.
Sec. 3.006. MANDAMUS; INJUNCTION.
(1) On or after January 1, 2026, a person may bring an
action by mandamus or injunction to stop, prevent, or reverse a
violation or threatened violation of this chapter by a governmental
employer.
(2) The court may assess costs of litigation and
reasonable attorney fees incurred by a plaintiff or defendant who
substantially prevails in an action under Subsection (a). In
exercising its discretion, the court shall consider whether the
action was brought in good faith and whether the conduct of the
governmental employer had a reasonable basis in law.
(3) The attorney general may bring an action by
mandamus or injunction to stop, prevent, or reverse a violation or
threatened violation of this chapter by a governmental employer.
(4) A suit filed by the attorney general must be filed
in a district court of Travis County or of the county in which the
governmental employer is located.
Sec. 3.007. PROHIBITED DISCRIMINATORY PRACTICE; PROHIBITED
SUBMISSION; PROHIBITED TRAINING; OFFENSE; PENALTY.
(1) On or after January 1, 2026, a person commits an
offense if the person, on behalf of a governmental employer,
(a) knowingly engages in, promotes or
facilitates a discriminatory practice; or
(b) knowingly requests or requires a person to
produce or provide a prohibited submission; or knowingly conducts,
promotes or facilitates a prohibited training.
(2) An offense under Subsection (a) is a misdemeanor
punishable by:
(a) a fine of not less than $1,000 or more than
$5,000;
(b) confinement in the county jail for not less
than one month or more than six months; or
(c) both the fine and confinement.
SECTION 3. 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 September 1, 2025.