| 1 | 1 | | 89R6399 CS-D |
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| 2 | 2 | | By: Tinderholt H.B. No. 3427 |
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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 authority of a political subdivision to implement |
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| 10 | 10 | | certain diversity, equity, and inclusion policies. |
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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. Chapter 180, Local Government Code, is amended |
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| 13 | 13 | | by adding Section 180.011 to read as follows: |
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| 14 | 14 | | Sec. 180.011. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND |
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| 15 | 15 | | INCLUSION POLICIES. (a) In this section, "diversity, equity, and |
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| 16 | 16 | | inclusion policy" means an official policy of a political |
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| 17 | 17 | | subdivision that: |
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| 18 | 18 | | (1) requires, encourages, or otherwise promotes |
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| 19 | 19 | | hiring or employment practices or workforce composition based on |
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| 20 | 20 | | race, sex, color, or ethnicity, other than through the use of |
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| 21 | 21 | | color-blind, race-neutral, and sex-neutral hiring processes in |
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| 22 | 22 | | accordance with any applicable state and federal |
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| 23 | 23 | | antidiscrimination laws; |
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| 24 | 24 | | (2) requires, encourages, or otherwise promotes |
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| 25 | 25 | | differential treatment or the provision of special benefits to |
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| 26 | 26 | | individuals on the basis of race, sex, color, or ethnicity; or |
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| 27 | 27 | | (3) promotes a particular opinion referencing |
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| 28 | 28 | | unconscious or implicit bias, cultural appropriation, allyship, |
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| 29 | 29 | | transgender ideology, microaggressions, group marginalization, |
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| 30 | 30 | | anti-racism, systemic oppression, social justice, |
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| 31 | 31 | | intersectionality, neo-pronouns, heteronormativity, disparate |
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| 32 | 32 | | impact, gender theory, racial or sexual privilege, or any related |
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| 33 | 33 | | formulation of these concepts. |
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| 34 | 34 | | (b) Unless explicitly required by state or federal law, a |
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| 35 | 35 | | political subdivision may not: |
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| 36 | 36 | | (1) adopt or enforce a diversity, equity, and |
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| 37 | 37 | | inclusion policy; or |
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| 38 | 38 | | (2) coerce, compel, or require an employee to attend |
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| 39 | 39 | | or take part in a training based on a diversity, equity, and |
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| 40 | 40 | | inclusion policy. |
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| 41 | 41 | | (c) A person, including the attorney general, may bring an |
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| 42 | 42 | | action to enjoin a violation of Subsection (b) in a district court |
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| 43 | 43 | | in: |
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| 44 | 44 | | (1) Travis County; or |
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| 45 | 45 | | (2) the county in which the principal office of the |
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| 46 | 46 | | political subdivision in which the violation occurs is located. |
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| 47 | 47 | | (d) Any person who substantially prevails in an action under |
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| 48 | 48 | | Subsection (c) is entitled to an award of reasonable attorney's |
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| 49 | 49 | | fees and costs from the political subdivision. Governmental |
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| 50 | 50 | | immunity of a political subdivision to suit and from liability is |
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| 51 | 51 | | waived to the extent of liability created under Subsection (c). |
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| 52 | 52 | | (e) A political subdivision that is determined in an action |
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| 53 | 53 | | under Subsection (c) to have violated Subsection (b) may not |
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| 54 | 54 | | receive state grant funds for the two years following the date of |
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| 55 | 55 | | the determination. The comptroller shall adopt rules to implement |
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| 56 | 56 | | this subsection uniformly among the state agencies from which state |
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| 57 | 57 | | grant funds are distributed to political subdivisions. |
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| 58 | 58 | | SECTION 2. This Act takes effect September 1, 2025. |
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