1 | 1 | | 89R4133 RDS-F |
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2 | 2 | | By: Gerdes H.B. No. 1521 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the implementation of diversity, equity, and inclusion |
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10 | 10 | | initiatives by certain governmental entities. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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13 | 13 | | by adding Chapter 621 to read as follows: |
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14 | 14 | | CHAPTER 621. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND |
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15 | 15 | | INCLUSION INITIATIVES |
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16 | 16 | | Sec. 621.001. DEFINITIONS. In this chapter: |
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17 | 17 | | (1) "Diversity, equity, and inclusion office" means an |
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18 | 18 | | office, division, or other unit of a governmental entity |
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19 | 19 | | established for the purpose of: |
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20 | 20 | | (A) influencing hiring or employment practices |
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21 | 21 | | or workforce composition at the entity with respect to race, sex, |
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22 | 22 | | color, or ethnicity, other than through the use of color-blind, |
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23 | 23 | | race-neutral, and sex-neutral hiring processes in accordance with |
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24 | 24 | | any applicable state and federal antidiscrimination laws; |
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25 | 25 | | (B) promoting differential treatment or |
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26 | 26 | | providing special benefits to individuals on the basis of race, |
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27 | 27 | | sex, color, or ethnicity; |
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28 | 28 | | (C) promoting policies or procedures designed or |
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29 | 29 | | implemented in reference to race, sex, color, or ethnicity, other |
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30 | 30 | | than policies or procedures: |
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31 | 31 | | (i) approved in writing by the attorney |
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32 | 32 | | general; and |
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33 | 33 | | (ii) implemented for the sole purpose of |
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34 | 34 | | ensuring compliance with any applicable federal law; |
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35 | 35 | | (D) conducting trainings, programs, or |
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36 | 36 | | activities designed or implemented in reference to race, sex, |
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37 | 37 | | color, ethnicity, gender identity, or sexual orientation, other |
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38 | 38 | | than trainings, programs, or activities: |
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39 | 39 | | (i) developed by an attorney; |
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40 | 40 | | (ii) approved in writing by the attorney |
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41 | 41 | | general; and |
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42 | 42 | | (iii) conducted for the sole purpose of |
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43 | 43 | | ensuring compliance with any applicable court order or state or |
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44 | 44 | | federal law; or |
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45 | 45 | | (E) promoting, as an official position of the |
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46 | 46 | | entity, a particular opinion referencing unconscious or implicit |
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47 | 47 | | bias, cultural appropriation, allyship, transgender ideology, |
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48 | 48 | | microaggressions, group marginalization, anti-racism, systemic |
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49 | 49 | | oppression, social justice, intersectionality, neo-pronouns, |
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50 | 50 | | heteronormativity, disparate impact, gender theory, racial or |
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51 | 51 | | sexual privilege, or any related formulation of the these concepts. |
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52 | 52 | | (2) "Governmental entity" means: |
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53 | 53 | | (A) a department, commission, board, office, or |
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54 | 54 | | other agency that is in the executive branch of state government and |
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55 | 55 | | that was created by the constitution or a statute, other than an |
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56 | 56 | | institution of higher education as defined by Section 61.003, |
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57 | 57 | | Education Code; |
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58 | 58 | | (B) the legislature or a legislative state |
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59 | 59 | | agency; |
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60 | 60 | | (C) the supreme court, the court of criminal |
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61 | 61 | | appeals, a court of appeals, a district court, or the Texas Judicial |
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62 | 62 | | Council or another agency in the judicial branch of state |
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63 | 63 | | government; |
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64 | 64 | | (D) a county, municipality, special purpose |
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65 | 65 | | district, including a school district, or any other political |
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66 | 66 | | subdivision of this state; or |
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67 | 67 | | (E) an open-enrollment charter school |
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68 | 68 | | established under Subchapter D, Chapter 12, Education Code. |
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69 | 69 | | Sec. 621.002. RESPONSIBILITY OF GOVERNMENTAL ENTITY |
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70 | 70 | | REGARDING DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. A |
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71 | 71 | | governmental entity shall ensure that each unit of the entity does |
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72 | 72 | | not, except as required by federal law: |
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73 | 73 | | (1) establish or maintain a diversity, equity, and |
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74 | 74 | | inclusion office; or |
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75 | 75 | | (2) hire or assign an employee of the entity or |
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76 | 76 | | contract with a third party to perform the duties of a diversity, |
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77 | 77 | | equity, and inclusion office. |
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78 | 78 | | Sec. 621.003. COMPLAINT; ENFORCEMENT. (a) A person who has |
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79 | 79 | | a reasonable belief that a governmental entity is violating this |
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80 | 80 | | chapter may file a complaint with the attorney general. |
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81 | 81 | | (b) If the attorney general determines that a governmental |
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82 | 82 | | entity named in a complaint received under Subsection (a) is |
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83 | 83 | | violating this chapter, the attorney general may file a petition |
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84 | 84 | | for a writ of mandamus to compel the governmental entity to comply |
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85 | 85 | | with this chapter. |
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86 | 86 | | (c) A mandamus action under Subsection (b) must be filed in: |
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87 | 87 | | (1) Travis County, if the governmental entity is an |
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88 | 88 | | entity described by Section 621.001(2)(A)-(C); or |
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89 | 89 | | (2) the county in which the governmental entity is |
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90 | 90 | | located, if the governmental entity is an entity described by |
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91 | 91 | | Section 621.001(2)(D) or (E). |
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92 | 92 | | SECTION 2. This Act takes effect immediately if it receives |
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93 | 93 | | a vote of two-thirds of all the members elected to each house, as |
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94 | 94 | | provided by Section 39, Article III, Texas Constitution. If this |
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95 | 95 | | Act does not receive the vote necessary for immediate effect, this |
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96 | 96 | | Act takes effect September 1, 2025. |
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