Texas 2025 - 89th Regular

Texas House Bill HB5135 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Gerdes H.B. No. 5135
	2	+
	3	+
2	4
3	5
4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to prohibition of discrimination by governmental entities
7	9		based on immutable characteristics.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. This Act may be cited as the Texas
10	12		Antidiscrimination Act.
11	13		SECTION 2. Subtitle A, Title 6, Government Code, is amended
12	14		by adding Chapter 621 to read as follows:
13	15		CHAPTER 621. PROHIBITION OF DISCRIMINATION BY GOVERNMENTAL
14	16		ENTITIES BASED ON IMMUTABLE CHARACTERISTICS
15	17		Sec. 621.001. LEGISLATIVE FINDINGS; PURPOSE. (a) The
16	18		legislature finds that:
17	19		(1) Section 3, Article I, Texas Constitution (Equal
18	20		Protection Clause), provides that "[a]ll freemen, when they form a
19	21		social compact, have equal rights, and no man, or set of men, is
20	22		entitled to exclusive separate public emoluments, or privileges,
21	23		but in consideration of public service;"
22	24		(2) Section 3a, Article I, Texas Constitution (Equal
23	25		Rights Amendment), provides that "[e]quality under the law shall
24	26		not be denied or abridged because of sex, race, color, creed, or
25	27		national origin;"
26	28		(3) The Texas Constitution's Equal Rights Amendment
27	29		was designed expressly to provide protection which supplements the
28	30		federal guarantees of equal treatment;
29	31		(4) The Texas Constitution's Equal Rights Amendment is
30	32		more extensive and provides more specific protection than both the
31	33		United States and Texas due-process and equal-protection
32	34		guarantees; and
33	35		(5) Discrimination by governmental entities is
34	36		antithetical to the Texas Constitution's Equal Protection Clause
35	37		and Equal Rights Amendment and lack a rational relationship to a
36	38		legitimate governmental purpose such that the initiatives violate
37	39		Texas's Equal Protection Clause and Equal Rights Amendment; and
38	40		(6) Texans deserve a government committed to serving
39	41		every person with equal dignity and respect and to expending
40	42		precious taxpayer resources only on making Texas great for all
41	43		Texans.
42	44		(b) The purpose of this act is to prevent the unlawful
43	45		discrimination that is antithetical to the Texas Constitution's
44	46		Equal Protection Clause and Equal Rights Amendment. This act does
45	47		not create any right or benefit, substantive or procedural,
46	48		enforceable at law or in equity by any party against the
47	49		governmental entities listed in Section 621.002(2), except as
48	50		provided by Section 621.004.
49	51		Sec. 621.002. DEFINITIONS. In this chapter:
50	52		(a) "Discriminatory office" means an office, division, or
51	53		other unit of a governmental entity established for the purpose of:
52	54		(1) influencing hiring or employment practices or
53	55		workforce composition at the entity with respect to race, sex,
54	56		color, or ethnicity, other than through the use of color-blind or
55	57		sex-neutral hiring processes in accordance with any applicable
56	58		state and federal antidiscrimination laws;
57	59		(2) promoting differential treatment or providing
58	60		special benefits to individuals on the basis of race, sex, color, or
59	61		ethnicity;
60	62		(3) promoting policies or procedures designed or
61	63		implemented in reference to race, sex, color, or ethnicity, other
62	64		than policies or procedures implemented for the sole purpose of
63	65		ensuring compliance with applicable federal law;
64	66		(4) conducting trainings, programs, or activities
65	67		designed or implemented in reference to race, sex, color, or
66	68		ethnicity, other than trainings, programs, or activities conducted
67	69		for the sole purpose of ensuring compliance with any applicable
68	70		court order or federal law; or
69	71		(5) promoting, as an official position of the entity,
70	72		a particular opinion referencing unconscious or implicit bias,
71	73		cultural appropriation, allyship, transgender ideology,
72	74		microaggressions, group marginalization, anti-racism, systemic
73	75		oppression, social justice, intersectionality, neo-pronouns,
74	76		heteronormativity, disparate impact, gender theory, racial or
75	77		sexual privilege, or any related formulation of these concepts.
76	78		(b) "Diversity, equity, and inclusion" means:
77	79		(1) influencing hiring or employment practices with
78	80		respect to race, sex, color, or ethnicity, other than through the
79	81		use of color-blind and sex-neutral hiring processes in accordance
80	82		with any applicable state and federal antidiscrimination laws;
81	83		(2) promoting differential treatment of or providing
82	84		special benefits to individuals on the basis of race, sex, color, or
83	85		ethnicity;
84	86		(3) promoting policies or procedures designed or
85	87		implemented in reference to race, sex, color, or ethnicity, other
86	88		than policies or procedures approved in writing by a respective
87	89		agency general counsel for the sole purpose of ensuring compliance
88	90		with any applicable court order or state or federal law; and
89	91		(4) conducting trainings, programs, or activities
90	92		designed or implemented in reference to race, sex, color, or
91	93		ethnicity, other than trainings, programs, or activities developed
92	94		by an attorney and approved by a respective agency general counsel
93	95		for the sole purpose of ensuring compliance with any applicable
94	96		court order or state or federal law.
95	97		(c) "Governmental entity" means:
96	98		(1) a state agency, which includes;
97	99		(A) a department, commission, board, office, or
98	100		other agency that is in the executive branch of state government and
99	101		that was created by the constitution or a statute, other than an
100	102		institution of higher education as defined by Section 61.003,
101	103		Education Code;
102	104		(B) the legislature or a legislative state
103	105		agency; or
104	106		(C) the supreme court, the court of criminal
105	107		appeals, a court of appeals, a district court, or the Texas Judicial
106	108		Council or another agency in the judicial branch of state
107	109		government; and
108	110		(2) a political subdivision, which includes:
109	111		(A) a county, municipality, special purpose
110	112		district, including a school district, or any other political
111	113		subdivision of this state;
112	114		(B) an open-enrollment charter school
113	115		established under Subchapter D, Chapter 12, Education Code; or
114	116		(C) any other political subdivision of this state
115	117		described by Section 2254.021(4), Government Code.
116	118		Sec. 621.003. DISCRIMINATION BY GOVERNMENTAL ENTITIES
117	119		PROHIBITED. (a) Notwithstanding any other law, and other than
118	120		through color-blind, race-neutral, or sex-neutral processes, a
119	121		governmental entity shall not:
120	122		(1) establish or maintain a discriminatory office;
121	123		(2) hire or assign an employee of the entity or
122	124		contract with a third party to perform the duties of a
123	125		discriminatory office;
124	126		(3) compel, require, induce, or solicit any person to
125	127		provide a discriminatory statement or give preferential
126	128		consideration to any person based on the provision of a
127	129		discriminatory statement;
128	130		(4) give preference on the basis of race, sex, color,
129	131		or ethnicity to an applicant for employment, an employee, or a
130	132		participant in any function of the entity;
131	133		(5) promote or adopt any theory justifying
132	134		differential treatment based on race, sex, color, or ethnicity;
133	135		(6) Consider race, sex, color, or ethnicity when
134	136		making employment, contracting, funding, or policy determinations;
135	137		(7) require an employee to participate in a diversity,
136	138		equity, or inclusion program or a discriminatory training, which
137	139		includes a training, program, or activity designed or implemented
138	140		in reference to race, sex, color, or ethnicity;
139	141		(8) spend monies on a diversity, equity, and inclusion
140	142		program, including to acquire services, supplies, information
141	143		technology, or goods for a diversity, equity and inclusion program;
142	144		(9) award a contract or provide preferential or
143	145		discriminatory treatment to a person submitting a bid for a
144	146		contract on the basis of race, sex, color, or ethnicity, provided
145	147		that this prohibition shall only apply to contracts executed or
146	148		renewed on or after September 1, 2025; or
147	149		(10) enter into or renew a contract with a contractor
148	150		or vendor that engages in conduct that would be prohibited by this
149	151		chapter if done by a governmental entity, provided that this
150	152		prohibition shall only apply to contracts executed or renewed on or
151	153		after September 1, 2025.
152	154		(b) Subsection (a) may not be construed to apply to offering
153	155		training on sexual harassment or a training, program, or activity
154	156		developed for the purpose of ensuring compliance with any
155	157		applicable federal law.
156	158		(c) A governmental entity shall adopt policies and
157	159		procedures for appropriately disciplining, including by
158	160		termination, an employee or contractor of the entity who engages in
159	161		conduct in violation of Subdivision (a);
160	162		(d) If a state agency or political subdivision determines
161	163		that a contractor or vendor has violated this chapter, it shall
162	164		cancel the contract without penalty. The state agency or political
163	165		subdivision shall be prohibited from entering into future contracts
164	166		with the violating contractor or vendor until the entity provides
165	167		sufficient evidence that the violation has been cured.
166	168		Sec. 621.004. ENFORCEMENT AGAINST A POLITICAL SUBDIVISION.
167	169		(a) A person who has a reasonable belief that a political
168	170		subdivision is violating this chapter may file a complaint with the
169	171		attorney general.
170	172		(b) If the attorney general determines that a political
171	173		subdivision named in a complaint received under Subsection (a) is
172	174		violating this chapter, the attorney general shall provide written
173	175		notice of the violation to the political subdivision, and:
174	176		(1) require the political subdivision to submit a
175	177		corrective action plan within fourteen days; and
176	178		(2) designate the political subdivision as
177	179		noncompliant.
178	180		(c) Notwithstanding any other law, the comptroller may not
179	181		distribute to a political subdivision designated as non-compliant
180	182		any sales and use tax revenue collected under Chapter 321, Tax Code,
181	183		or mixed beverage tax revenue collected under Chapter 183, Tax
182	184		Code, that is on deposit in the suspense account of the political
183	185		subdivision. The funds shall remain in trust and may not be used
184	186		for any purpose until compliance is restored. Upon compliance with
185	187		this section the comptroller shall resume distribution of withheld
186	188		funds to the political subdivision.
187	189		(d) If a political subdivision does not receive funds under
188	190		Chapter 321 or Chapter 183, Tax Code, or if a political subdivision
189	191		fails to timely submit a corrective action plan, the Attorney
190	192		General may seek declaratory, injunctive, or mandamus relief to
191	193		compel compliance with this chapter.
192	194		(e) An action under Subsection (d) must be filed in the
193	195		county in which the political subdivision is located, and any
194	196		appeal shall be heard by the Fifteenth Court of Appeals.
195	197		Sec. 621.005. ENFORCEMENT AGAINST A STATE AGENCY. (a) A
196	198		state agency that is required to appoint an internal auditor to
197	199		submit the annual report required by Section 2102.009, Government
198	200		Code, shall include in its report a description of the state
199	201		agency's compliance or failure to comply with this chapter.
200	202		(b) A state agency that is not required to appoint an
201	203		auditor under Chapter 2102, Government Code, shall appoint an
202	204		auditor for the specific purpose of reporting annually on the state
203	205		agency's compliance or failure to comply with this chapter.
204	206		(c) If a state agency is in compliance with this chapter,
205	207		the internal auditor shall include in its report an affirmative
206	208		acknowledgment of compliance with Chapter 621, Government Code.
207	209		(d) If a state agency is not in compliance with this
208	210		chapter, the internal auditor shall include in its report a summary
209	211		of instances of non-compliance and actions taken or planned to be
210	212		taken to remedy any non-compliance.
211	213		SECTION 3. This Act takes effect immediately if it receives
212	214		a vote of two-thirds of all the members elected to each house, as
213	215		provided by Section 39, Article III, Texas Constitution. If this
214	216		Act does not receive the vote necessary for immediate effect, this
215	217		Act takes effect September 1, 2025.