Texas 2025 - 89th Regular

Texas House Bill HB2821 Compare Versions

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

Old	New	Differences
1	1	89R13437 JBD-D
2	2	By: Schatzline H.B. No. 2821
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to county diversity, equity, and inclusion initiatives.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle B, Title 5, Local Government Code, is
12	12	amended by adding Chapter 162 to read as follows:
13	13	CHAPTER 162. PROHIBITION ON COUNTY DIVERSITY, EQUITY, AND
14	14	INCLUSION INITIATIVES
15	15	Sec. 162.001. DEFINITIONS. In this chapter:
16	16	(1) "Diversity, equity, and inclusion initiative"
17	17	means an initiative that:
18	18	(A) is based on the belief that identity
19	19	classifications are central to understanding social, professional,
20	20	and political disparities;
21	21	(B) requires, encourages, or otherwise promotes
22	22	organizational practices such as employee hiring and promotion,
23	23	resource allocation, or policy formulation to achieve proportional
24	24	representation of identity classification groups or to eliminate
25	25	perceived systemic differences between them; or
26	26	(C) otherwise promotes discriminatory treatment
27	27	of a person on the basis of the person's identity classification.
28	28	(2) "Identity classification" means a classification
29	29	of a person based on the race, color, religion, national origin, or
30	30	ethnicity of the person.
31	31	Sec. 162.002. PROHIBITION ON COUNTY SPENDING OF PUBLIC
32	32	MONEY ON DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. Except as
33	33	required by federal law, a county may not spend public money or
34	34	provide compensation in any manner to directly or indirectly:
35	35	(1) fund a department, program, or committee, or pay
36	36	compensation to a person associated with a department, program, or
37	37	committee, that is focused on formulating, promoting, or
38	38	implementing a diversity, equity, and inclusion initiative;
39	39	(2) hire or contract with an independent vendor or
40	40	contractor to formulate, promote, or implement a diversity, equity,
41	41	and inclusion initiative;
42	42	(3) promote an event, meeting, or club that excludes
43	43	the participation of a person on the basis of the person's identity
44	44	classification or that advocates for the preferential treatment of
45	45	the person on the basis of the person's identity classification;
46	46	(4) require or encourage an employee of the county to
47	47	participate in a workforce training or professional development
48	48	training that promotes a diversity, equity, and inclusion
49	49	initiative;
50	50	(5) provide funding to enable an employee or a member
51	51	of the commissioners court of the county to attend a conference that
52	52	promotes or teaches a diversity, equity, and inclusion initiative;
53	53	(6) provide funding to a business, nonprofit
54	54	organization, association, or other similar organization if that
55	55	organization:
56	56	(A) excludes the participation of a person in the
57	57	organization on the basis of the person's identity classification;
58	58	or
59	59	(B) advocates for the preferential treatment of a
60	60	person on the basis of the person's identity classification;
61	61	(7) provide funding to an education scholarship
62	62	program that:
63	63	(A) promotes a diversity, equity, and inclusion
64	64	initiative;
65	65	(B) awards a scholarship to a recipient on the
66	66	basis of the person's identity classification; or
67	67	(C) advocates for the preferential treatment of a
68	68	person on the basis of the person's identity classification;
69	69	(8) provide funding for the development or promotion
70	70	of a film, advertisement, or other media that promotes a diversity,
71	71	equity, and inclusion initiative, or that is made for the benefit of
72	72	a certain identity classification group; or
73	73	(9) promote or seek to implement a diversity, equity,
74	74	and inclusion initiative when working with a business or other
75	75	organization whose purpose is to provide or attract economic
76	76	development or tourism to the county.
77	77	Sec. 162.003. DIVERSITY, EQUITY, AND INCLUSION INITIATIVES
78	78	AFFECTING COUNTY OFFICERS AND EMPLOYEES. (a) To the maximum extent
79	79	permitted by law, the commissioners court of a county shall
80	80	promote, encourage, and implement policies that:
81	81	(1) avoid explicitly considering an identity
82	82	classification in organizational decision making such as employee
83	83	hiring and promotion, resource allocation, or policy formulation;
84	84	and
85	85	(2) rely on consideration of individual merit in
86	86	organizational decision making such as employee hiring and
87	87	promotion, resource allocation, or policy formulation.
88	88	(b) Except as required by federal law, the commissioners
89	89	court of a county may not:
90	90	(1) adopt or enforce an order or other measure that:
91	91	(A) implements or advocates for a diversity,
92	92	equity, and inclusion initiative; or
93	93	(B) seeks to discriminate on the basis of
94	94	identity classification to attempt to rectify past wrongs;
95	95	(2) discriminate on the basis of identity
96	96	classification in adopting or implementing organizational
97	97	disciplinary procedures; or
98	98	(3) use alternative discipline practices, including
99	99	restorative practices, to address conflict or wrongdoing in the
100	100	workplace.
101	101	Sec. 162.004. ENFORCEMENT. (a) In this section:
102	102	(1) "No-new-revenue tax rate" means the
103	103	no-new-revenue tax rate calculated under Chapter 26, Tax Code.
104	104	(2) "Tax year" has the meaning assigned by Section
105	105	1.04, Tax Code.
106	106	(b) The attorney general may bring an action to enjoin a
107	107	violation under this chapter in a district court in:
108	108	(1) Travis County; or
109	109	(2) the county in which the violation occurs.
110	110	(c) Notwithstanding any other law, if it is determined in an
111	111	action under Subsection (b) that a county has violated a provision
112	112	of this chapter, the county may not adopt an ad valorem tax rate
113	113	that exceeds the county's no-new-revenue tax rate for the three tax
114	114	years that begin on or after the date of the determination.
115	115	(d) A county that is determined in an action under
116	116	Subsection (b) to have violated this chapter may not receive state
117	117	grant funds for a period of two years following the date of the
118	118	determination. The comptroller shall adopt rules to implement this
119	119	subsection uniformly among the state agencies from which state
120	120	grant funds are distributed to counties.
121	121	SECTION 2. This Act takes effect September 1, 2025.