89R6399 CS-D
By: Tinderholt H.B. No. 3427
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a political subdivision to implement
certain diversity, equity, and inclusion policies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 180, Local Government Code, is amended
by adding Section 180.011 to read as follows:
Sec. 180.011. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND
INCLUSION POLICIES. (a) In this section, "diversity, equity, and
inclusion policy" means an official policy of a political
subdivision that:
(1) requires, encourages, or otherwise promotes
hiring or employment practices or workforce composition based on
race, sex, color, or ethnicity, other than through the use of
color-blind, race-neutral, and sex-neutral hiring processes in
accordance with any applicable state and federal
antidiscrimination laws;
(2) requires, encourages, or otherwise promotes
differential treatment or the provision of special benefits to
individuals on the basis of race, sex, color, or ethnicity; or
(3) promotes a particular opinion referencing
unconscious or implicit bias, cultural appropriation, allyship,
transgender ideology, microaggressions, group marginalization,
anti-racism, systemic oppression, social justice,
intersectionality, neo-pronouns, heteronormativity, disparate
impact, gender theory, racial or sexual privilege, or any related
formulation of these concepts.
(b) Unless explicitly required by state or federal law, a
political subdivision may not:
(1) adopt or enforce a diversity, equity, and
inclusion policy; or
(2) coerce, compel, or require an employee to attend
or take part in a training based on a diversity, equity, and
inclusion policy.
(c) A person, including the attorney general, may bring an
action to enjoin a violation of Subsection (b) in a district court
in:
(1) Travis County; or
(2) the county in which the principal office of the
political subdivision in which the violation occurs is located.
(d) Any person who substantially prevails in an action under
Subsection (c) is entitled to an award of reasonable attorney's
fees and costs from the political subdivision. Governmental
immunity of a political subdivision to suit and from liability is
waived to the extent of liability created under Subsection (c).
(e) A political subdivision that is determined in an action
under Subsection (c) to have violated Subsection (b) may not
receive state grant funds for the two years following the date of
the determination. The comptroller shall adopt rules to implement
this subsection uniformly among the state agencies from which state
grant funds are distributed to political subdivisions.
SECTION 2. This Act takes effect September 1, 2025.