Texas 2025 - 89th Regular

Texas House Bill HB4496 Compare Versions

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11 89R16029 JBD-D
22 By: Bell of Montgomery H.B. No. 4496
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to municipal diversity, equity, and inclusion
1010 initiatives.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle A, Title 5, Local Government Code, is
1313 amended by adding Chapter 148 to read as follows:
1414 CHAPTER 148. PROHIBITION ON MUNICIPAL DIVERSITY, EQUITY, AND
1515 INCLUSION INITIATIVES
1616 Sec. 148.001. DEFINITIONS. In this chapter:
1717 (1) "Diversity, equity, and inclusion initiative"
1818 means an initiative that:
1919 (A) is based on the belief that identity
2020 classifications are central to understanding social, professional,
2121 and political disparities;
2222 (B) requires, encourages, or otherwise promotes
2323 organizational practices such as employee hiring and promotion,
2424 resource allocation, or policy formulation to achieve proportional
2525 representation of identity classification groups or to eliminate
2626 perceived systemic differences between them; or
2727 (C) otherwise promotes discriminatory treatment
2828 of a person on the basis of the person's identity classification.
2929 (2) "Identity classification" means a classification
3030 of a person based on the race, color, religion, national origin,
3131 sex, age, disability status, medical history, pregnancy status,
3232 sexual orientation, genetic information, gender identity, or
3333 ethnicity of the person.
3434 Sec. 148.002. PROHIBITION ON MUNICIPAL SPENDING OF PUBLIC
3535 MONEY ON DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. Except as
3636 required by federal law, a municipality may not spend public money
3737 or provide compensation in any manner to directly or indirectly:
3838 (1) fund a department, program, office, or committee,
3939 or pay compensation to a person associated with a department,
4040 program, office, or committee, that is focused on formulating,
4141 promoting, or implementing a diversity, equity, and inclusion
4242 initiative; or
4343 (2) hire or contract with an independent vendor or
4444 contractor to formulate, promote, or implement a diversity, equity,
4545 and inclusion initiative.
4646 Sec. 148.003. DIVERSITY, EQUITY, AND INCLUSION INITIATIVES
4747 AFFECTING MUNICIPAL OFFICERS AND EMPLOYEES. Except as required by
4848 federal law, the governing body of a municipality may not:
4949 (1) adopt or enforce an ordinance, regulation, or
5050 other measure that:
5151 (A) implements or advocates for a diversity,
5252 equity, and inclusion initiative; or
5353 (B) seeks to discriminate on the basis of
5454 identity classification; or
5555 (2) discriminate on the basis of identity
5656 classification in adopting or implementing organizational
5757 practices.
5858 Sec. 148.004. ENFORCEMENT. A person may bring an action to
5959 enjoin a violation under this chapter in a district court if the
6060 person has been discriminated against on the basis of one or more of
6161 the person's identity classifications in a manner that violates
6262 this chapter.
6363 SECTION 2. This Act takes effect September 1, 2025.