Texas 2025 - 89th Regular

Texas House Bill HB2770 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13369 JBD-D
2	2	By: Schatzline H.B. No. 2770
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to municipal diversity, equity, and inclusion
10	10	initiatives.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 5, Local Government Code, is
13	13	amended by adding Chapter 148 to read as follows:
14	14	CHAPTER 148. PROHIBITION ON MUNICIPAL DIVERSITY, EQUITY, AND
15	15	INCLUSION INITIATIVES
16	16	Sec. 148.001. DEFINITIONS. In this chapter:
17	17	(1) "Diversity, equity, and inclusion initiative"
18	18	means an initiative that:
19	19	(A) is based on the belief that identity
20	20	classifications are central to understanding social, professional,
21	21	and political disparities;
22	22	(B) requires, encourages, or otherwise promotes
23	23	organizational practices such as employee hiring and promotion,
24	24	resource allocation, or policy formulation to achieve proportional
25	25	representation of identity classification groups or to eliminate
26	26	perceived systemic differences between them; or
27	27	(C) otherwise promotes discriminatory treatment
28	28	of a person on the basis of the person's identity classification.
29	29	(2) "Identity classification" means a classification
30	30	of a person based on the race, color, religion, national origin, or
31	31	ethnicity of the person.
32	32	Sec. 148.002. PROHIBITION ON MUNICIPAL SPENDING OF PUBLIC
33	33	MONEY ON DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. Except as
34	34	required by federal law, a municipality may not spend public money
35	35	or provide compensation in any manner to directly or indirectly:
36	36	(1) fund a department, program, or committee, or pay
37	37	compensation to a person associated with a department, program, or
38	38	committee, that is focused on formulating, promoting, or
39	39	implementing a diversity, equity, and inclusion initiative;
40	40	(2) hire or contract with an independent vendor or
41	41	contractor to formulate, promote, or implement a diversity, equity,
42	42	and inclusion initiative;
43	43	(3) promote an event, meeting, or club that excludes
44	44	the participation of a person on the basis of the person's identity
45	45	classification or that advocates for the preferential treatment of
46	46	the person on the basis of the person's identity classification;
47	47	(4) require or encourage an employee of the
48	48	municipality to participate in a workforce training or professional
49	49	development training that promotes a diversity, equity, and
50	50	inclusion initiative;
51	51	(5) provide funding to enable an employee or a member
52	52	of the governing body of the municipality to attend a conference
53	53	that promotes or teaches a diversity, equity, and inclusion
54	54	initiative;
55	55	(6) provide funding to a business, nonprofit
56	56	organization, association, or other similar organization if that
57	57	organization:
58	58	(A) excludes the participation of a person in the
59	59	organization on the basis of the person's identity classification;
60	60	or
61	61	(B) advocates for the preferential treatment of a
62	62	person on the basis of the person's identity classification;
63	63	(7) provide funding to an education scholarship
64	64	program that:
65	65	(A) promotes a diversity, equity, and inclusion
66	66	initiative;
67	67	(B) awards a scholarship to a recipient on the
68	68	basis of the person's identity classification; or
69	69	(C) advocates for the preferential treatment of a
70	70	person on the basis of the person's identity classification;
71	71	(8) provide funding for the development or promotion
72	72	of a film, advertisement, or other media that promotes a diversity,
73	73	equity, and inclusion initiative, or that is made for the benefit of
74	74	a certain identity classification group; or
75	75	(9) promote or seek to implement a diversity, equity,
76	76	and inclusion initiative when working with a business or other
77	77	organization whose purpose is to provide or attract economic
78	78	development or tourism to the municipality.
79	79	Sec. 148.003. DIVERSITY, EQUITY, AND INCLUSION INITIATIVES
80	80	AFFECTING MUNICIPAL OFFICERS AND EMPLOYEES. (a) To the maximum
81	81	extent permitted by law, the governing body of a municipality shall
82	82	promote, encourage, and implement policies that:
83	83	(1) avoid explicitly considering an identity
84	84	classification in organizational decision making such as employee
85	85	hiring and promotion, resource allocation, or policy formulation;
86	86	and
87	87	(2) rely on consideration of individual merit in
88	88	organizational decision making such as employee hiring and
89	89	promotion, resource allocation, or policy formulation.
90	90	(b) Except as required by federal law, the governing body of
91	91	a municipality may not:
92	92	(1) adopt or enforce an ordinance, regulation, or
93	93	other measure that:
94	94	(A) implements or advocates for a diversity,
95	95	equity, and inclusion initiative; or
96	96	(B) seeks to discriminate on the basis of
97	97	identity classification to attempt to rectify past wrongs;
98	98	(2) discriminate on the basis of identity
99	99	classification in adopting or implementing organizational
100	100	disciplinary procedures; or
101	101	(3) use alternative discipline practices, including
102	102	restorative practices, to address conflict or wrongdoing in the
103	103	workplace.
104	104	Sec. 148.004. ENFORCEMENT. (a) In this section:
105	105	(1) "No-new-revenue tax rate" means the
106	106	no-new-revenue tax rate calculated under Chapter 26, Tax Code.
107	107	(2) "Tax year" has the meaning assigned by Section
108	108	1.04, Tax Code.
109	109	(b) The attorney general may bring an action to enjoin a
110	110	violation under this chapter in a district court in:
111	111	(1) Travis County; or
112	112	(2) the county of the municipality in which the
113	113	violation occurs.
114	114	(c) Notwithstanding any other law, if it is determined in an
115	115	action under Subsection (b) that a municipality has violated a
116	116	provision of this chapter, the municipality may not adopt an ad
117	117	valorem tax rate that exceeds the municipality's no-new-revenue tax
118	118	rate for the three tax years that begin on or after the date of the
119	119	determination.
120	120	(d) A municipality that is determined in an action under
121	121	Subsection (b) to have violated this chapter may not receive state
122	122	grant funds for a period of two years following the date of the
123	123	determination. The comptroller shall adopt rules to implement this
124	124	subsection uniformly among the state agencies from which state
125	125	grant funds are distributed to municipalities.
126	126	SECTION 2. This Act takes effect September 1, 2025.