89R16458 CS-F
By: Troxclair H.B. No. 4691
A BILL TO BE ENTITLED
AN ACT
relating to provisions of state law requiring diversity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.102, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 5.102. RECRUITMENT. For the purpose of providing
adequate personnel for all job positions in the commission, the
commission shall[:
[(1)] develop a recruiting program that identifies
applicants that have the background and experience suitable for
performing the responsibilities of the applicable job position with
the commission [underrepresentation with the commission and
focuses on recruiting different ethnic, racial, or gender groups
for job categories in which underrepresentation occurs; and
[(2) require that all applicants be reviewed by the
human resources division to ensure consideration of
underrepresented ethnic, racial, or gender groups].
SECTION 2. Section 12.015(b), Education Code, is amended to
read as follows:
(b) The membership of the charter commission must reflect
the [racial, ethnic, socioeconomic, and] geographic diversity of
the district. A majority of the members appointed to the commission
must be parents of school-age children attending public school. At
least 25 percent of the commission must be classroom teachers
selected by the representatives of the professional staff pursuant
to Section 11.251(e).
SECTION 3. Sections 21.004(a) and (c), Education Code, are
amended to read as follows:
(a) To the extent that funds are available, the agency, the
State Board for Educator Certification, and the Texas Higher
Education Coordinating Board shall develop and implement programs
to identify talented students and recruit those students and
persons, including high school and undergraduate students,
mid-career and retired professionals, and honorably discharged and
retired military personnel [, and members of underrepresented
gender and ethnic groups], into the teaching profession.
(c) The commissioner, in cooperation with the commissioner
of higher education and the executive director of the State Board
for Educator Certification, shall annually identify the need for
teachers in specific subject areas and geographic regions [and
among underrepresented groups]. The commissioner shall give
priority to developing and implementing recruitment programs to
address those needs from the agency's discretionary funds.
SECTION 4. Section 51.4032, Education Code, is amended to
read as follows:
Sec. 51.4032. ANNUAL REPORT OF PARTICIPATION IN HIGHER
EDUCATION. Not later than December 1 of each year and in the form
prescribed by the coordinating board, each general academic
teaching institution and medical and dental unit as defined in
Section 61.003 shall provide to the Texas Higher Education
Coordinating Board and shall publish on the institution's website a
report describing the composition of the institution's entering
class of students. The report must include a demographic breakdown
of the class, including a breakdown by race, ethnicity, economic
status, and high school class standing. A report submitted by a
general academic teaching institution or medical and dental unit as
defined in Section 61.003 must include separate demographic
breakdowns of the students admitted under Sections 51.803, 51.804,
and 51.805 [and a description of any plans, policies, or programs
developed or implemented by the institution to recruit and retain
students from underrepresented groups such as racial or ethnic
minority groups].
SECTION 5. Section 264.2041, Family Code, is amended to
read as follows:
Sec. 264.2041. CULTURAL AWARENESS. The department shall:
(1) develop and deliver cultural competency training
to all service delivery staff;
(2) increase targeted recruitment efforts for foster
and adoptive families who can meet the needs of children and youth
who are waiting for permanent homes; and
(3) [target recruitment efforts to ensure diversity
among department staff; and
[(4)] develop collaborative partnerships with
community groups, agencies, faith-based organizations, and other
community organizations to provide culturally competent services
to children and families of every race and ethnicity.
SECTION 6. Section 264.502(d), Family Code, is amended to
read as follows:
(d) Members selected under Subsection (b) must reflect the
geographical [, cultural, racial, and ethnic] diversity of the
state.
SECTION 7. Section 157.051(c), Government Code, is amended
to read as follows:
(c) Members shall be appointed without regard to race,
color, disability, sex, religion, age, or national origin. The
membership of the advisory board must reflect the geographical [and
cultural] diversity of the state.
SECTION 8. Section 403.1042(f), Government Code, is amended
to read as follows:
(f) An individual or entity authorized to make an
appointment to the advisory committee created under this section:
(1) shall attempt to appoint persons who represent the
[gender composition, minority populations, and] geographic regions
of the state; and
(2) may not consider a person's race, color,
disability, sex, religion, age, or national origin when making an
appointment to the committee.
SECTION 9. Section 403.503(d), Government Code, is amended
to read as follows:
(d) In making appointments under Subsection (b), the
governor, lieutenant governor, speaker of the house of
representatives, and attorney general shall coordinate to ensure
that the membership of the council reflects, to the extent
possible, the [ethnic and] geographic diversity of this state.
SECTION 10. Section 444.023(b), Government Code, is amended
to read as follows:
(b) The commission may appoint consultants to the
commission. In appointing consultants, the commission shall
attempt to achieve representation from each geographic area of the
state without consideration of the consultant's race, color,
disability, sex, religion, age, or national origin [and from the
various racial and ethnic groups present in the state].
SECTION 11. Section 444.024(c), Government Code, is amended
to read as follows:
(c) The commission by rule shall adopt equitable procedures
for the distribution of grants to recipients:
(1) without regard to the race, color, disability,
sex, religion, age, or national origin of the recipients; and
(2) who reflect the geographical [, cultural, and
ethnic] diversity of this state [the state's population].
SECTION 12. Section 467.035(c), Government Code, is amended
to read as follows:
(c) In employing the executive director and other
employees, the commission may not consider a person's [shall strive
to reflect the diversity of the population of the state as regards]
race, color, disability [handicap], sex, religion, age, or [and]
national origin.
SECTION 13. Section 482.606(b), Government Code, is amended
to read as follows:
(b) In making appointments under Subsection (a), the
governor, the lieutenant governor, and the speaker of the house of
representatives, respectively, shall:
(1) prioritize appointing individuals with experience
in:
(A) aeronautics;
(B) space economic development; and
(C) academic engagement with the space economy;
and
(2) ensure that the appointments reflect, to the
extent possible, the [ethnic and] geographic diversity of this
state.
SECTION 14. Section 651.009(a), Government Code, is amended
to read as follows:
(a) In each case in which the governing body of a state
board, commission, or other state agency that has statewide
jurisdiction is appointed by the governor or another appointing
authority, the governor or appointing authority shall ensure that,
to the extent possible, the membership of the governing body
reflects the [racial, ethnic, and] geographic diversity of this
state.
SECTION 15. Section 2166.404(c), Government Code, is
amended to read as follows:
(c) The Industry Advisory Committee is composed of nine
members who are Texas residents appointed by the commission. Three
members must be nursery-product growers, three members must be
turf-growers, and three members must be landscape contractors. The
commission shall make appointments from a list of recommendations
submitted to the commission by the Texas Association of Nurserymen
for the nursery-product-grower positions, the Texas Turf
Association for the turf-grower positions, and the Texas
Association of Landscape Contractors for the landscape-contractor
positions. Appointments are for staggered three-year terms
arranged so that one person from each group is appointed each year.
Appointments to the committee shall be made without regard to a
person's race, color, disability, sex, religion, age, or national
origin [The appointments to the committee must reflect this state's
gender and ethnic diversity].
SECTION 16. Section 2306.027(b), Government Code, is
amended to read as follows:
(b) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees and shall be made in a manner that produces
representation on the board of the different geographical regions
of this state. Appointments to the board must broadly reflect the
geographic [, economic, cultural, and social] diversity of the
state [, including ethnic minorities, persons with disabilities,
and women].
SECTION 17. Section 2308.255(b), Government Code, is
amended to read as follows:
(b) The appointments must:
(1) be consistent with the local government agreement
and applicable federal and state law; and
(2) reflect the [ethnic and] geographic diversity of
the workforce development area.
SECTION 18. Section 40.022(b), Human Resources Code, is
amended to read as follows:
(b) Appointments to the council shall be made so that each
geographic area of the state is represented on the council.
[Notwithstanding Subsection (a), appointments to the council must
reflect the ethnic diversity of this state.]
SECTION 19. Section 102.101(c), Health and Safety Code, is
amended to read as follows:
(c) The members of the oversight committee must represent
the geographic [and cultural] diversity of the state.
SECTION 20. Section 534.003(c), Health and Safety Code, is
amended to read as follows:
(c) When the center is established, the governing bodies
shall enter into a contract that stipulates the number of board
members and the group from which the members are chosen. They may
renegotiate or amend the contract as necessary to change the:
(1) method of choosing the members; or
(2) membership of the board of trustees to more
accurately reflect the [ethnic and] geographic diversity of the
local service area.
SECTION 21. Section 534.004(b), Health and Safety Code, is
amended to read as follows:
(b) The local agency or organizational combination of local
agencies that appoints the board of trustees shall, in appointing
the members, attempt to reflect the [ethnic and] geographic
diversity of the local service area the community center serves.
The local agency or organizational combination shall include on the
board of trustees one or more persons otherwise qualified under
this chapter who are consumers of the types of services the center
provides or who are family members of consumers of the types of
services the center provides.
SECTION 22. Section 672.002(g), Health and Safety Code, is
amended to read as follows:
(g) Members selected under Subsection (e) must reflect the
geographical [, cultural, racial, ethnic, and gender] diversity of
the county or counties represented.
SECTION 23. Section 674.002(c), Health and Safety Code, is
amended to read as follows:
(c) A review team must be composed of [culturally diverse]
members representing multiple disciplines, including professionals
and representatives of agencies that provide services or community
resources for families in the community and community
representatives. The review team may include:
(1) a physician, including a pediatrician, an
obstetrician, or a physician practicing in another relevant
specialty;
(2) a registered nurse;
(3) a certified nurse-midwife or licensed midwife;
(4) a county attorney or a designee of a county
attorney;
(5) a representative of a school district;
(6) a representative of the local health department;
(7) a forensic pathologist;
(8) a mental health professional;
(9) a representative from a local hospital;
(10) a local registrar of births and deaths;
(11) a person working in a supervisory position in
local administration of the state Medicaid program;
(12) a person working with local implementation of the
Special Supplemental Nutrition Program for Women, Infants, and
Children;
(13) an educator;
(14) a pastoral counselor;
(15) a member of the health committee of a chamber of
commerce; and
(16) other community representatives.
SECTION 24. Section 318.003(a), Local Government Code, is
amended to read as follows:
(a) The commission must be composed of at least seven
residents of the county. Members of the commission must be
individuals who broadly reflect the [age, ethnic, and] geographic
diversity of the county.
SECTION 25. Section 901.654, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) In determining what best promotes the public purpose,
the board shall consider at a minimum the following factors
relating to each person applying for a scholarship under this
section:
(1) financial need; and
(2) [ethnic or racial minority status; and
[(3)] scholastic ability and performance in at least
15 hours of upper-level accounting coursework.
(c) In determining what best promotes the public purpose,
the board may not consider the race, color, disability, sex,
religion, age, or national origin of the applicant.
SECTION 26. Section 901.659(a), Occupations Code, is
amended to read as follows:
(a) The board shall adopt rules to encourage internships for
[minority and disadvantaged] students and certified public
accountant examination candidates who notify the board not later
than 90 days after the date of being accepted into an accounting
internship program.
SECTION 27. Section 901.660(b), Occupations Code, is
amended to read as follows:
(b) The report expenses shall be included in the
administrative costs allocated to the board under Section 901.155.
The report must include [:
[(1)] the number and amount of scholarships awarded in
the two calendar years preceding the year in which the report is due
[; and
[(2) the number of minority students, by racial or
ethnic background, who have been awarded scholarships under the
program in that two-year period].
SECTION 28. Section 2022.052(b), Occupations Code, is
amended to read as follows:
(b) The commission shall employ the executive director and
other employees without [to reflect the diversity of the state's
population with] regard to race, color, disability, sex, religion,
age, and national origin.
SECTION 29. Section 201.9025(a), Transportation Code, is
amended to read as follows:
(a) The Texas Department of Transportation Bicycle Advisory
Committee shall advise and make recommendations to the commission
on the development of bicycle tourism trails in this state.
Recommendations on bicycle tourism trails developed under this
section:
(1) shall be made in consultation with the Parks and
Wildlife Commission and the Texas Economic Development and Tourism
Office;
(2) shall reflect the geography, scenery, and history
[, and cultural diversity] of this state;
(3) shall maximize federal and private sources of
funding for the designation, construction, improvement,
maintenance, and signage of the trails and the promotion of bicycle
tourism; and
(4) may include multiuse trails to accommodate
equestrians, pedestrians, and other nonmotorized trail users when
practicable.
SECTION 30. The following provisions of law are repealed:
(1) Section 72.041, Government Code; and
(2) Sections 603.051(b) and 901.659(b), Occupations
Code.
SECTION 31. This Act takes effect September 1, 2025.