89R1904 RDS-D
By: Leo Wilson H.B. No. 436
A BILL TO BE ENTITLED
AN ACT
relating to the requirement by certain governmental entities for
diversity, equity, and inclusion statements and training from
employees, prospective employees, and contractors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Government Code, is amended
by adding Chapter 621 to read as follows:
CHAPTER 621. PROHIBITION ON CERTAIN STATEMENTS OR TRAINING
CONCERNING DIVERSITY, EQUITY, AND INCLUSION
Sec. 621.001. DEFINITION. In this chapter, "governmental
entity" means:
(1) a department, commission, board, office, or other
agency that is in the executive branch of state government and that
was created by the constitution or a statute, other than an
institution of higher education as defined by Section 61.003,
Education Code;
(2) the legislature or a legislative agency;
(3) the supreme court, the court of criminal appeals,
a court of appeals, a district court, or the Texas Judicial Council
or another agency in the judicial branch of state government;
(4) a county, municipality, special purpose district,
including a school district, or any other political subdivision of
this state; or
(5) an open-enrollment charter school established
under Subchapter D, Chapter 12, Education Code.
Sec. 621.002. RESPONSIBILITY OF GOVERNMENTAL ENTITY
REGARDING STATEMENTS OR TRAINING CONCERNING DIVERSITY, EQUITY, AND
INCLUSION. (a) A governmental entity shall ensure that each unit
of the entity:
(1) does not, except as required by federal law:
(A) compel, require, induce, or solicit any
employee or applicant for employment to provide a diversity,
equity, and inclusion statement or give preferential consideration
to any employee or applicant for employment based on the provision
of a diversity, equity, and inclusion statement; or
(B) require as a condition of hiring or continued
employment any employee or applicant for employment to participate
in diversity, equity, and inclusion training, which:
(i) includes a training, program, or
activity designed or implemented in reference to race, color,
ethnicity, gender identity, or sexual orientation; and
(ii) does not include a training, program,
or activity developed for the purpose of ensuring compliance with
any applicable federal law; and
(2) adopts policies and procedures for appropriately
disciplining, including by termination, an employee of the entity
who engages in conduct in violation of Subdivision (1).
(b) Subsection (a)(1) may not be construed to apply to:
(1) academic course instruction;
(2) scholarly research or a creative work by a school
district's or open-enrollment charter school's students or faculty;
(3) an activity of a student organization registered
with or recognized by a school district or open-enrollment charter
school;
(4) guest speakers or performers on short-term
engagements;
(5) a program or activity to enhance student academic
achievement or postgraduate outcomes that allows participation
without regard to race, sex, color, or ethnicity; or
(6) data collection.
(c) An employee of or applicant for employment with a
governmental entity who is required to participate in training in
violation of Subsection (a)(1)(B) may bring an action against the
entity for injunctive and declaratory relief.
SECTION 2. Subchapter Z, Chapter 2252, Government Code, is
amended by adding Section 2252.911 to read as follows:
Sec. 2252.911. PROHIBITED CONSIDERATION OF CERTAIN
DIVERSITY, EQUITY, AND INCLUSION CRITERIA. (a) In this section,
"governmental entity" has the meaning assigned by Section 2252.001,
except that the term does not include an institution of higher
education as defined by Section 61.003, Education Code.
(b) Notwithstanding any other law, a governmental entity
may not require as a condition for bidding on a contract, consider
in awarding a contract, or include as a requirement in a contract,
that a person:
(1) provide a diversity, equity, and inclusion
statement; or
(2) participate in diversity, equity, and inclusion
training, which:
(A) includes a training, program, or activity
designed or implemented in reference to race, color, ethnicity,
gender identity, or sexual orientation; and
(B) does not include a training, program, or
activity developed for the purpose of ensuring compliance with any
applicable federal law.
(c) Subsection (b) may not be construed to apply to data
collection.
(d) A person who is not awarded a contract or has a contract
terminated with a governmental entity on the basis of a diversity,
equity, and inclusion statement or training prohibited by
Subsection (b) may bring an action against the entity for
injunctive and declaratory relief.
SECTION 3. Section 2252.911, Government Code, as added by
this Act, applies only to a contract for which the request for bids
or proposals or other applicable expression of interest is made
public on or after the effective date of this Act. A contract for
which the request for bids or proposals or other applicable
expression of interest is made public before the effective date of
this Act is governed by the law in effect on the date the request or
other expression of interest is made public, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.