Texas 2025 - 89th Regular

Texas House Bill HB1521 Compare Versions

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11 89R4133 RDS-F
22 By: Gerdes H.B. No. 1521
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the implementation of diversity, equity, and inclusion
1010 initiatives by certain governmental entities.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle A, Title 6, Government Code, is amended
1313 by adding Chapter 621 to read as follows:
1414 CHAPTER 621. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND
1515 INCLUSION INITIATIVES
1616 Sec. 621.001. DEFINITIONS. In this chapter:
1717 (1) "Diversity, equity, and inclusion office" means an
1818 office, division, or other unit of a governmental entity
1919 established for the purpose of:
2020 (A) influencing hiring or employment practices
2121 or workforce composition at the entity with respect to race, sex,
2222 color, or ethnicity, other than through the use of color-blind,
2323 race-neutral, and sex-neutral hiring processes in accordance with
2424 any applicable state and federal antidiscrimination laws;
2525 (B) promoting differential treatment or
2626 providing special benefits to individuals on the basis of race,
2727 sex, color, or ethnicity;
2828 (C) promoting policies or procedures designed or
2929 implemented in reference to race, sex, color, or ethnicity, other
3030 than policies or procedures:
3131 (i) approved in writing by the attorney
3232 general; and
3333 (ii) implemented for the sole purpose of
3434 ensuring compliance with any applicable federal law;
3535 (D) conducting trainings, programs, or
3636 activities designed or implemented in reference to race, sex,
3737 color, ethnicity, gender identity, or sexual orientation, other
3838 than trainings, programs, or activities:
3939 (i) developed by an attorney;
4040 (ii) approved in writing by the attorney
4141 general; and
4242 (iii) conducted for the sole purpose of
4343 ensuring compliance with any applicable court order or state or
4444 federal law; or
4545 (E) promoting, as an official position of the
4646 entity, a particular opinion referencing unconscious or implicit
4747 bias, cultural appropriation, allyship, transgender ideology,
4848 microaggressions, group marginalization, anti-racism, systemic
4949 oppression, social justice, intersectionality, neo-pronouns,
5050 heteronormativity, disparate impact, gender theory, racial or
5151 sexual privilege, or any related formulation of the these concepts.
5252 (2) "Governmental entity" means:
5353 (A) a department, commission, board, office, or
5454 other agency that is in the executive branch of state government and
5555 that was created by the constitution or a statute, other than an
5656 institution of higher education as defined by Section 61.003,
5757 Education Code;
5858 (B) the legislature or a legislative state
5959 agency;
6060 (C) the supreme court, the court of criminal
6161 appeals, a court of appeals, a district court, or the Texas Judicial
6262 Council or another agency in the judicial branch of state
6363 government;
6464 (D) a county, municipality, special purpose
6565 district, including a school district, or any other political
6666 subdivision of this state; or
6767 (E) an open-enrollment charter school
6868 established under Subchapter D, Chapter 12, Education Code.
6969 Sec. 621.002. RESPONSIBILITY OF GOVERNMENTAL ENTITY
7070 REGARDING DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. A
7171 governmental entity shall ensure that each unit of the entity does
7272 not, except as required by federal law:
7373 (1) establish or maintain a diversity, equity, and
7474 inclusion office; or
7575 (2) hire or assign an employee of the entity or
7676 contract with a third party to perform the duties of a diversity,
7777 equity, and inclusion office.
7878 Sec. 621.003. COMPLAINT; ENFORCEMENT. (a) A person who has
7979 a reasonable belief that a governmental entity is violating this
8080 chapter may file a complaint with the attorney general.
8181 (b) If the attorney general determines that a governmental
8282 entity named in a complaint received under Subsection (a) is
8383 violating this chapter, the attorney general may file a petition
8484 for a writ of mandamus to compel the governmental entity to comply
8585 with this chapter.
8686 (c) A mandamus action under Subsection (b) must be filed in:
8787 (1) Travis County, if the governmental entity is an
8888 entity described by Section 621.001(2)(A)-(C); or
8989 (2) the county in which the governmental entity is
9090 located, if the governmental entity is an entity described by
9191 Section 621.001(2)(D) or (E).
9292 SECTION 2. This Act takes effect immediately if it receives
9393 a vote of two-thirds of all the members elected to each house, as
9494 provided by Section 39, Article III, Texas Constitution. If this
9595 Act does not receive the vote necessary for immediate effect, this
9696 Act takes effect September 1, 2025.