Texas 2025 - 89th Regular

Texas House Bill HB436 Compare Versions

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

Old	New	Differences
1	1	89R1904 RDS-D
2	2	By: Leo Wilson H.B. No. 436
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the requirement by certain governmental entities for
10	10	diversity, equity, and inclusion statements and training from
11	11	employees, prospective employees, and contractors.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle A, Title 6, Government Code, is amended
14	14	by adding Chapter 621 to read as follows:
15	15	CHAPTER 621. PROHIBITION ON CERTAIN STATEMENTS OR TRAINING
16	16	CONCERNING DIVERSITY, EQUITY, AND INCLUSION
17	17	Sec. 621.001. DEFINITION. In this chapter, "governmental
18	18	entity" means:
19	19	(1) a department, commission, board, office, or other
20	20	agency that is in the executive branch of state government and that
21	21	was created by the constitution or a statute, other than an
22	22	institution of higher education as defined by Section 61.003,
23	23	Education Code;
24	24	(2) the legislature or a legislative agency;
25	25	(3) the supreme court, the court of criminal appeals,
26	26	a court of appeals, a district court, or the Texas Judicial Council
27	27	or another agency in the judicial branch of state government;
28	28	(4) a county, municipality, special purpose district,
29	29	including a school district, or any other political subdivision of
30	30	this state; or
31	31	(5) an open-enrollment charter school established
32	32	under Subchapter D, Chapter 12, Education Code.
33	33	Sec. 621.002. RESPONSIBILITY OF GOVERNMENTAL ENTITY
34	34	REGARDING STATEMENTS OR TRAINING CONCERNING DIVERSITY, EQUITY, AND
35	35	INCLUSION. (a) A governmental entity shall ensure that each unit
36	36	of the entity:
37	37	(1) does not, except as required by federal law:
38	38	(A) compel, require, induce, or solicit any
39	39	employee or applicant for employment to provide a diversity,
40	40	equity, and inclusion statement or give preferential consideration
41	41	to any employee or applicant for employment based on the provision
42	42	of a diversity, equity, and inclusion statement; or
43	43	(B) require as a condition of hiring or continued
44	44	employment any employee or applicant for employment to participate
45	45	in diversity, equity, and inclusion training, which:
46	46	(i) includes a training, program, or
47	47	activity designed or implemented in reference to race, color,
48	48	ethnicity, gender identity, or sexual orientation; and
49	49	(ii) does not include a training, program,
50	50	or activity developed for the purpose of ensuring compliance with
51	51	any applicable federal law; and
52	52	(2) adopts policies and procedures for appropriately
53	53	disciplining, including by termination, an employee of the entity
54	54	who engages in conduct in violation of Subdivision (1).
55	55	(b) Subsection (a)(1) may not be construed to apply to:
56	56	(1) academic course instruction;
57	57	(2) scholarly research or a creative work by a school
58	58	district's or open-enrollment charter school's students or faculty;
59	59	(3) an activity of a student organization registered
60	60	with or recognized by a school district or open-enrollment charter
61	61	school;
62	62	(4) guest speakers or performers on short-term
63	63	engagements;
64	64	(5) a program or activity to enhance student academic
65	65	achievement or postgraduate outcomes that allows participation
66	66	without regard to race, sex, color, or ethnicity; or
67	67	(6) data collection.
68	68	(c) An employee of or applicant for employment with a
69	69	governmental entity who is required to participate in training in
70	70	violation of Subsection (a)(1)(B) may bring an action against the
71	71	entity for injunctive and declaratory relief.
72	72	SECTION 2. Subchapter Z, Chapter 2252, Government Code, is
73	73	amended by adding Section 2252.911 to read as follows:
74	74	Sec. 2252.911. PROHIBITED CONSIDERATION OF CERTAIN
75	75	DIVERSITY, EQUITY, AND INCLUSION CRITERIA. (a) In this section,
76	76	"governmental entity" has the meaning assigned by Section 2252.001,
77	77	except that the term does not include an institution of higher
78	78	education as defined by Section 61.003, Education Code.
79	79	(b) Notwithstanding any other law, a governmental entity
80	80	may not require as a condition for bidding on a contract, consider
81	81	in awarding a contract, or include as a requirement in a contract,
82	82	that a person:
83	83	(1) provide a diversity, equity, and inclusion
84	84	statement; or
85	85	(2) participate in diversity, equity, and inclusion
86	86	training, which:
87	87	(A) includes a training, program, or activity
88	88	designed or implemented in reference to race, color, ethnicity,
89	89	gender identity, or sexual orientation; and
90	90	(B) does not include a training, program, or
91	91	activity developed for the purpose of ensuring compliance with any
92	92	applicable federal law.
93	93	(c) Subsection (b) may not be construed to apply to data
94	94	collection.
95	95	(d) A person who is not awarded a contract or has a contract
96	96	terminated with a governmental entity on the basis of a diversity,
97	97	equity, and inclusion statement or training prohibited by
98	98	Subsection (b) may bring an action against the entity for
99	99	injunctive and declaratory relief.
100	100	SECTION 3. Section 2252.911, Government Code, as added by
101	101	this Act, applies only to a contract for which the request for bids
102	102	or proposals or other applicable expression of interest is made
103	103	public on or after the effective date of this Act. A contract for
104	104	which the request for bids or proposals or other applicable
105	105	expression of interest is made public before the effective date of
106	106	this Act is governed by the law in effect on the date the request or
107	107	other expression of interest is made public, and the former law is
108	108	continued in effect for that purpose.
109	109	SECTION 4. This Act takes effect immediately if it receives
110	110	a vote of two-thirds of all the members elected to each house, as
111	111	provided by Section 39, Article III, Texas Constitution. If this
112	112	Act does not receive the vote necessary for immediate effect, this
113	113	Act takes effect September 1, 2025.