89R16029 JBD-D
By: Bell of Montgomery H.B. No. 4496
A BILL TO BE ENTITLED
AN ACT
relating to municipal diversity, equity, and inclusion
initiatives.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 5, Local Government Code, is
amended by adding Chapter 148 to read as follows:
CHAPTER 148. PROHIBITION ON MUNICIPAL DIVERSITY, EQUITY, AND
INCLUSION INITIATIVES
Sec. 148.001. DEFINITIONS. In this chapter:
(1) "Diversity, equity, and inclusion initiative"
means an initiative that:
(A) is based on the belief that identity
classifications are central to understanding social, professional,
and political disparities;
(B) requires, encourages, or otherwise promotes
organizational practices such as employee hiring and promotion,
resource allocation, or policy formulation to achieve proportional
representation of identity classification groups or to eliminate
perceived systemic differences between them; or
(C) otherwise promotes discriminatory treatment
of a person on the basis of the person's identity classification.
(2) "Identity classification" means a classification
of a person based on the race, color, religion, national origin,
sex, age, disability status, medical history, pregnancy status,
sexual orientation, genetic information, gender identity, or
ethnicity of the person.
Sec. 148.002. PROHIBITION ON MUNICIPAL SPENDING OF PUBLIC
MONEY ON DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. Except as
required by federal law, a municipality may not spend public money
or provide compensation in any manner to directly or indirectly:
(1) fund a department, program, office, or committee,
or pay compensation to a person associated with a department,
program, office, or committee, that is focused on formulating,
promoting, or implementing a diversity, equity, and inclusion
initiative; or
(2) hire or contract with an independent vendor or
contractor to formulate, promote, or implement a diversity, equity,
and inclusion initiative.
Sec. 148.003. DIVERSITY, EQUITY, AND INCLUSION INITIATIVES
AFFECTING MUNICIPAL OFFICERS AND EMPLOYEES. Except as required by
federal law, the governing body of a municipality may not:
(1) adopt or enforce an ordinance, regulation, or
other measure that:
(A) implements or advocates for a diversity,
equity, and inclusion initiative; or
(B) seeks to discriminate on the basis of
identity classification; or
(2) discriminate on the basis of identity
classification in adopting or implementing organizational
practices.
Sec. 148.004. ENFORCEMENT. A person may bring an action to
enjoin a violation under this chapter in a district court if the
person has been discriminated against on the basis of one or more of
the person's identity classifications in a manner that violates
this chapter.
SECTION 2. This Act takes effect September 1, 2025.