| 1 | 1 | | 89R18085 TJB-D |
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| 2 | 2 | | By: Shofner H.B. No. 5158 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of a political subdivision to spend |
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| 10 | 10 | | public money in support of certain professional associations that |
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| 11 | 11 | | promote or implement diversity, equity, and inclusion initiatives. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 140, Local Government Code, is amended |
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| 14 | 14 | | by adding Section 140.014 to read as follows: |
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| 15 | 15 | | Sec. 140.014. PROHIBITION ON EXPENDITURE OF PUBLIC MONEY IN |
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| 16 | 16 | | SUPPORT OF CERTAIN ASSOCIATIONS. (a) In this section: |
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| 17 | 17 | | (1) "Diversity, equity, and inclusion initiative" |
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| 18 | 18 | | means an initiative that: |
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| 19 | 19 | | (A) is based on the belief that identity |
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| 20 | 20 | | classifications are central to understanding social, professional, |
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| 21 | 21 | | and political disparities; |
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| 22 | 22 | | (B) requires, encourages, or otherwise promotes |
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| 23 | 23 | | organizational practices such as employee hiring and promotion, |
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| 24 | 24 | | resource allocation, or policy formulation to achieve proportional |
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| 25 | 25 | | representation of identity classification groups or to eliminate |
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| 26 | 26 | | perceived systemic differences between them; or |
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| 27 | 27 | | (C) otherwise promotes discriminatory treatment |
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| 28 | 28 | | of a person on the basis of the person's identity classification. |
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| 29 | 29 | | (2) "Identity classification" means a classification |
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| 30 | 30 | | of a person based on the race, color, religion, national origin, or |
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| 31 | 31 | | ethnicity of the person. |
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| 32 | 32 | | (3) "Professional association" means a nonprofit |
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| 33 | 33 | | association or organization that engages in activities in support |
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| 34 | 34 | | of: |
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| 35 | 35 | | (A) similarly situated political subdivisions; |
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| 36 | 36 | | or |
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| 37 | 37 | | (B) a class of professionals. |
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| 38 | 38 | | (b) A political subdivision may not spend public money in |
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| 39 | 39 | | support of a professional association that promotes or implements a |
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| 40 | 40 | | diversity, equity, and inclusion initiative, including by: |
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| 41 | 41 | | (1) paying a membership fee or due to the association; |
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| 42 | 42 | | or |
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| 43 | 43 | | (2) paying for an officer or employee of the political |
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| 44 | 44 | | subdivision to attend or participate in a conference or similar |
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| 45 | 45 | | event hosted by the association. |
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| 46 | 46 | | SECTION 2. The change in law made by this Act applies to an |
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| 47 | 47 | | expenditure made by a political subdivision on or after the |
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| 48 | 48 | | effective date of this Act. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2025. |
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