Texas 2025 - 89th Regular

Texas House Bill HB3075 Compare Versions

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

Old	New	Differences
1	1	89R12449 CS-F
2	2	By: McLaughlin H.B. No. 3075
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a prohibition on the provision of state money to
10	10	entities that promote certain ideological programs and the
11	11	establishment of a division in the Legislative Budget Board to
12	12	ensure such entities do not receive state money; authorizing the
13	13	imposition of a civil penalty.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle F, Title 10, Government Code, is
16	16	amended by adding Chapter 2279 to read as follows:
17	17	CHAPTER 2279. PROHIBITION ON AWARD OF STATE MONEY TO ORGANIZATIONS
18	18	SUPPORTING RESTRICTED IDEOLOGICAL PROGRAMS
19	19	Sec. 2279.001. DEFINITIONS. In this chapter:
20	20	(1) "Organization" means any entity, including a
21	21	public or private institution, nonprofit organization,
22	22	corporation, or association, that directly or indirectly receives
23	23	state money.
24	24	(2) "Restricted ideological program" means a program
25	25	that supports, promotes, or is aligned with:
26	26	(A) initiatives, theories, or policies that seek
27	27	to alter social institutions through identity-based conflict;
28	28	(B) advocacy that prioritizes the redistribution
29	29	of resources based on perceived societal inequalities;
30	30	(C) an equity initiative that seeks equal
31	31	outcomes rather than equal opportunities based on demographic
32	32	factors;
33	33	(D) advocacy for a nonbiological definition of
34	34	gender and policies supporting gender transition;
35	35	(E) a doctrine asserting that gender identity is
36	36	independent of biological sex;
37	37	(F) a theory that assigns privilege, oppression,
38	38	or identity based primarily on racial categorization; or
39	39	(G) an institutional policy that prioritizes
40	40	demographic representation over merit-based evaluation.
41	41	(3) "State money" means money appropriated by the
42	42	legislature through the General Appropriations Act or other state
43	43	law and includes money awarded by a state agency under a grant
44	44	program.
45	45	Sec. 2279.002. PROHIBITION ON AWARD OF STATE MONEY TO
46	46	ORGANIZATIONS SUPPORTING RESTRICTED IDEOLOGICAL PROGRAMS. A state
47	47	agency or organization may not provide state money to an entity that
48	48	promotes, teaches, advocates for, or is ideologically aligned with
49	49	a restricted ideological program.
50	50	Sec. 2279.003. CIVIL PENALTY. (a) An entity that knowingly
51	51	misrepresents the entity's activities to receive state money in
52	52	violation of Section 2279.002 is liable for a civil penalty not to
53	53	exceed the amount of state money that the entity has received in
54	54	violation of that section.
55	55	(b) The attorney general may sue to collect a civil penalty
56	56	under this section.
57	57	SECTION 2. Chapter 322, Government Code, is amended by
58	58	adding Section 322.025 to read as follows:
59	59	Sec. 322.025. STATE FUNDING INTEGRITY REVIEW DIVISION. (a)
60	60	In this section:
61	61	(1) "Division" refers to the state funding integrity
62	62	review division of the board.
63	63	(2) "Organization" and "restricted ideological
64	64	program" have the meanings assigned by Section 2279.001.
65	65	(b) The board shall establish the state funding integrity
66	66	review division as a division of the board.
67	67	(c) The division shall:
68	68	(1) conduct an initial and ongoing review of all
69	69	state-funded grants, contracts, and other awards to identify
70	70	organizations engaged in restricted ideological programs in
71	71	violation of Section 2279.002;
72	72	(2) develop a vetting process for entities applying
73	73	for or organizations receiving state money to ensure compliance
74	74	with Section 2279.002;
75	75	(3) provide an annual report to the governor, the
76	76	lieutenant governor, and the speaker of the house of
77	77	representatives detailing the division's findings during the
78	78	preceding year and any recommendations or referrals made under
79	79	Subsection (d), (e), or (f) during that period; and
80	80	(4) recommend corrective actions and funding
81	81	reallocations for organizations receiving state money in violation
82	82	of Section 2279.002.
83	83	(d) If the division determines that a state agency spent
84	84	money in violation of Section 2279.002, the division shall
85	85	recommend to:
86	86	(1) the legislature that the agency be subject to
87	87	budgetary restrictions during the next state fiscal biennium; and
88	88	(2) the agency that disciplinary action be taken
89	89	against personnel responsible for oversight of the allocation of
90	90	state money, including removal from that oversight role.
91	91	(e) If the division determines that an organization has
92	92	received state money in violation of Section 2279.002:
93	93	(1) the division shall promptly notify the comptroller
94	94	of that determination; and
95	95	(2) on receipt of notice under Subdivision (1), the
96	96	comptroller may not issue warrants to the organization until the
97	97	fifth anniversary of the date of the determination.
98	98	(f) The division shall refer each instance of an entity
99	99	knowingly misrepresenting the entity's activities to receive state
100	100	money in violation of Section 2279.002 to the attorney general for
101	101	appropriate action under Chapter 2279.
102	102	SECTION 3. The changes in law made by this Act apply only to
103	103	a contract entered into or renewed on or after the effective date of
104	104	this Act. A contract entered into or renewed before the effective
105	105	date of this Act is governed by the law in effect when the contract
106	106	was entered into or renewed, and the former law is continued in
107	107	effect for that purpose.
108	108	SECTION 4. Not later than the 90th day after the effective
109	109	date of this Act, a state agency shall terminate a grant or other
110	110	award of state money made to a person in violation of Section
111	111	2279.002, Government Code, as added by this Act.
112	112	SECTION 5. This Act takes effect immediately if it receives
113	113	a vote of two-thirds of all the members elected to each house, as
114	114	provided by Section 39, Article III, Texas Constitution. If this
115	115	Act does not receive the vote necessary for immediate effect, this
116	116	Act takes effect September 1, 2025.