1 | 1 | | 89R16458 CS-F |
---|
2 | 2 | | By: Campbell S.B. No. 2369 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to provisions of state law requiring diversity. |
---|
10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
11 | 11 | | SECTION 1. Section 5.102, Alcoholic Beverage Code, is |
---|
12 | 12 | | amended to read as follows: |
---|
13 | 13 | | Sec. 5.102. RECRUITMENT. For the purpose of providing |
---|
14 | 14 | | adequate personnel for all job positions in the commission, the |
---|
15 | 15 | | commission shall[: |
---|
16 | 16 | | [(1)] develop a recruiting program that identifies |
---|
17 | 17 | | applicants that have the background and experience suitable for |
---|
18 | 18 | | performing the responsibilities of the applicable job position with |
---|
19 | 19 | | the commission [underrepresentation with the commission and |
---|
20 | 20 | | focuses on recruiting different ethnic, racial, or gender groups |
---|
21 | 21 | | for job categories in which underrepresentation occurs; and |
---|
22 | 22 | | [(2) require that all applicants be reviewed by the |
---|
23 | 23 | | human resources division to ensure consideration of |
---|
24 | 24 | | underrepresented ethnic, racial, or gender groups]. |
---|
25 | 25 | | SECTION 2. Section 12.015(b), Education Code, is amended to |
---|
26 | 26 | | read as follows: |
---|
27 | 27 | | (b) The membership of the charter commission must reflect |
---|
28 | 28 | | the [racial, ethnic, socioeconomic, and] geographic diversity of |
---|
29 | 29 | | the district. A majority of the members appointed to the commission |
---|
30 | 30 | | must be parents of school-age children attending public school. At |
---|
31 | 31 | | least 25 percent of the commission must be classroom teachers |
---|
32 | 32 | | selected by the representatives of the professional staff pursuant |
---|
33 | 33 | | to Section 11.251(e). |
---|
34 | 34 | | SECTION 3. Sections 21.004(a) and (c), Education Code, are |
---|
35 | 35 | | amended to read as follows: |
---|
36 | 36 | | (a) To the extent that funds are available, the agency, the |
---|
37 | 37 | | State Board for Educator Certification, and the Texas Higher |
---|
38 | 38 | | Education Coordinating Board shall develop and implement programs |
---|
39 | 39 | | to identify talented students and recruit those students and |
---|
40 | 40 | | persons, including high school and undergraduate students, |
---|
41 | 41 | | mid-career and retired professionals, and honorably discharged and |
---|
42 | 42 | | retired military personnel [, and members of underrepresented |
---|
43 | 43 | | gender and ethnic groups], into the teaching profession. |
---|
44 | 44 | | (c) The commissioner, in cooperation with the commissioner |
---|
45 | 45 | | of higher education and the executive director of the State Board |
---|
46 | 46 | | for Educator Certification, shall annually identify the need for |
---|
47 | 47 | | teachers in specific subject areas and geographic regions [and |
---|
48 | 48 | | among underrepresented groups]. The commissioner shall give |
---|
49 | 49 | | priority to developing and implementing recruitment programs to |
---|
50 | 50 | | address those needs from the agency's discretionary funds. |
---|
51 | 51 | | SECTION 4. Section 51.4032, Education Code, is amended to |
---|
52 | 52 | | read as follows: |
---|
53 | 53 | | Sec. 51.4032. ANNUAL REPORT OF PARTICIPATION IN HIGHER |
---|
54 | 54 | | EDUCATION. Not later than December 1 of each year and in the form |
---|
55 | 55 | | prescribed by the coordinating board, each general academic |
---|
56 | 56 | | teaching institution and medical and dental unit as defined in |
---|
57 | 57 | | Section 61.003 shall provide to the Texas Higher Education |
---|
58 | 58 | | Coordinating Board and shall publish on the institution's website a |
---|
59 | 59 | | report describing the composition of the institution's entering |
---|
60 | 60 | | class of students. The report must include a demographic breakdown |
---|
61 | 61 | | of the class, including a breakdown by race, ethnicity, economic |
---|
62 | 62 | | status, and high school class standing. A report submitted by a |
---|
63 | 63 | | general academic teaching institution or medical and dental unit as |
---|
64 | 64 | | defined in Section 61.003 must include separate demographic |
---|
65 | 65 | | breakdowns of the students admitted under Sections 51.803, 51.804, |
---|
66 | 66 | | and 51.805 [and a description of any plans, policies, or programs |
---|
67 | 67 | | developed or implemented by the institution to recruit and retain |
---|
68 | 68 | | students from underrepresented groups such as racial or ethnic |
---|
69 | 69 | | minority groups]. |
---|
70 | 70 | | SECTION 5. Section 264.2041, Family Code, is amended to |
---|
71 | 71 | | read as follows: |
---|
72 | 72 | | Sec. 264.2041. CULTURAL AWARENESS. The department shall: |
---|
73 | 73 | | (1) develop and deliver cultural competency training |
---|
74 | 74 | | to all service delivery staff; |
---|
75 | 75 | | (2) increase targeted recruitment efforts for foster |
---|
76 | 76 | | and adoptive families who can meet the needs of children and youth |
---|
77 | 77 | | who are waiting for permanent homes; and |
---|
78 | 78 | | (3) [target recruitment efforts to ensure diversity |
---|
79 | 79 | | among department staff; and |
---|
80 | 80 | | [(4)] develop collaborative partnerships with |
---|
81 | 81 | | community groups, agencies, faith-based organizations, and other |
---|
82 | 82 | | community organizations to provide culturally competent services |
---|
83 | 83 | | to children and families of every race and ethnicity. |
---|
84 | 84 | | SECTION 6. Section 264.502(d), Family Code, is amended to |
---|
85 | 85 | | read as follows: |
---|
86 | 86 | | (d) Members selected under Subsection (b) must reflect the |
---|
87 | 87 | | geographical [, cultural, racial, and ethnic] diversity of the |
---|
88 | 88 | | state. |
---|
89 | 89 | | SECTION 7. Section 157.051(c), Government Code, is amended |
---|
90 | 90 | | to read as follows: |
---|
91 | 91 | | (c) Members shall be appointed without regard to race, |
---|
92 | 92 | | color, disability, sex, religion, age, or national origin. The |
---|
93 | 93 | | membership of the advisory board must reflect the geographical [and |
---|
94 | 94 | | cultural] diversity of the state. |
---|
95 | 95 | | SECTION 8. Section 403.1042(f), Government Code, is amended |
---|
96 | 96 | | to read as follows: |
---|
97 | 97 | | (f) An individual or entity authorized to make an |
---|
98 | 98 | | appointment to the advisory committee created under this section: |
---|
99 | 99 | | (1) shall attempt to appoint persons who represent the |
---|
100 | 100 | | [gender composition, minority populations, and] geographic regions |
---|
101 | 101 | | of the state; and |
---|
102 | 102 | | (2) may not consider a person's race, color, |
---|
103 | 103 | | disability, sex, religion, age, or national origin when making an |
---|
104 | 104 | | appointment to the committee. |
---|
105 | 105 | | SECTION 9. Section 403.503(d), Government Code, is amended |
---|
106 | 106 | | to read as follows: |
---|
107 | 107 | | (d) In making appointments under Subsection (b), the |
---|
108 | 108 | | governor, lieutenant governor, speaker of the house of |
---|
109 | 109 | | representatives, and attorney general shall coordinate to ensure |
---|
110 | 110 | | that the membership of the council reflects, to the extent |
---|
111 | 111 | | possible, the [ethnic and] geographic diversity of this state. |
---|
112 | 112 | | SECTION 10. Section 444.023(b), Government Code, is amended |
---|
113 | 113 | | to read as follows: |
---|
114 | 114 | | (b) The commission may appoint consultants to the |
---|
115 | 115 | | commission. In appointing consultants, the commission shall |
---|
116 | 116 | | attempt to achieve representation from each geographic area of the |
---|
117 | 117 | | state without consideration of the consultant's race, color, |
---|
118 | 118 | | disability, sex, religion, age, or national origin [and from the |
---|
119 | 119 | | various racial and ethnic groups present in the state]. |
---|
120 | 120 | | SECTION 11. Section 444.024(c), Government Code, is amended |
---|
121 | 121 | | to read as follows: |
---|
122 | 122 | | (c) The commission by rule shall adopt equitable procedures |
---|
123 | 123 | | for the distribution of grants to recipients: |
---|
124 | 124 | | (1) without regard to the race, color, disability, |
---|
125 | 125 | | sex, religion, age, or national origin of the recipients; and |
---|
126 | 126 | | (2) who reflect the geographical [, cultural, and |
---|
127 | 127 | | ethnic] diversity of this state [the state's population]. |
---|
128 | 128 | | SECTION 12. Section 467.035(c), Government Code, is amended |
---|
129 | 129 | | to read as follows: |
---|
130 | 130 | | (c) In employing the executive director and other |
---|
131 | 131 | | employees, the commission may not consider a person's [shall strive |
---|
132 | 132 | | to reflect the diversity of the population of the state as regards] |
---|
133 | 133 | | race, color, disability [handicap], sex, religion, age, or [and] |
---|
134 | 134 | | national origin. |
---|
135 | 135 | | SECTION 13. Section 482.606(b), Government Code, is amended |
---|
136 | 136 | | to read as follows: |
---|
137 | 137 | | (b) In making appointments under Subsection (a), the |
---|
138 | 138 | | governor, the lieutenant governor, and the speaker of the house of |
---|
139 | 139 | | representatives, respectively, shall: |
---|
140 | 140 | | (1) prioritize appointing individuals with experience |
---|
141 | 141 | | in: |
---|
142 | 142 | | (A) aeronautics; |
---|
143 | 143 | | (B) space economic development; and |
---|
144 | 144 | | (C) academic engagement with the space economy; |
---|
145 | 145 | | and |
---|
146 | 146 | | (2) ensure that the appointments reflect, to the |
---|
147 | 147 | | extent possible, the [ethnic and] geographic diversity of this |
---|
148 | 148 | | state. |
---|
149 | 149 | | SECTION 14. Section 651.009(a), Government Code, is amended |
---|
150 | 150 | | to read as follows: |
---|
151 | 151 | | (a) In each case in which the governing body of a state |
---|
152 | 152 | | board, commission, or other state agency that has statewide |
---|
153 | 153 | | jurisdiction is appointed by the governor or another appointing |
---|
154 | 154 | | authority, the governor or appointing authority shall ensure that, |
---|
155 | 155 | | to the extent possible, the membership of the governing body |
---|
156 | 156 | | reflects the [racial, ethnic, and] geographic diversity of this |
---|
157 | 157 | | state. |
---|
158 | 158 | | SECTION 15. Section 2166.404(c), Government Code, is |
---|
159 | 159 | | amended to read as follows: |
---|
160 | 160 | | (c) The Industry Advisory Committee is composed of nine |
---|
161 | 161 | | members who are Texas residents appointed by the commission. Three |
---|
162 | 162 | | members must be nursery-product growers, three members must be |
---|
163 | 163 | | turf-growers, and three members must be landscape contractors. The |
---|
164 | 164 | | commission shall make appointments from a list of recommendations |
---|
165 | 165 | | submitted to the commission by the Texas Association of Nurserymen |
---|
166 | 166 | | for the nursery-product-grower positions, the Texas Turf |
---|
167 | 167 | | Association for the turf-grower positions, and the Texas |
---|
168 | 168 | | Association of Landscape Contractors for the landscape-contractor |
---|
169 | 169 | | positions. Appointments are for staggered three-year terms |
---|
170 | 170 | | arranged so that one person from each group is appointed each year. |
---|
171 | 171 | | Appointments to the committee shall be made without regard to a |
---|
172 | 172 | | person's race, color, disability, sex, religion, age, or national |
---|
173 | 173 | | origin [The appointments to the committee must reflect this state's |
---|
174 | 174 | | gender and ethnic diversity]. |
---|
175 | 175 | | SECTION 16. Section 2306.027(b), Government Code, is |
---|
176 | 176 | | amended to read as follows: |
---|
177 | 177 | | (b) Appointments to the board shall be made without regard |
---|
178 | 178 | | to the race, color, disability, sex, religion, age, or national |
---|
179 | 179 | | origin of the appointees and shall be made in a manner that produces |
---|
180 | 180 | | representation on the board of the different geographical regions |
---|
181 | 181 | | of this state. Appointments to the board must broadly reflect the |
---|
182 | 182 | | geographic [, economic, cultural, and social] diversity of the |
---|
183 | 183 | | state [, including ethnic minorities, persons with disabilities, |
---|
184 | 184 | | and women]. |
---|
185 | 185 | | SECTION 17. Section 2308.255(b), Government Code, is |
---|
186 | 186 | | amended to read as follows: |
---|
187 | 187 | | (b) The appointments must: |
---|
188 | 188 | | (1) be consistent with the local government agreement |
---|
189 | 189 | | and applicable federal and state law; and |
---|
190 | 190 | | (2) reflect the [ethnic and] geographic diversity of |
---|
191 | 191 | | the workforce development area. |
---|
192 | 192 | | SECTION 18. Section 40.022(b), Human Resources Code, is |
---|
193 | 193 | | amended to read as follows: |
---|
194 | 194 | | (b) Appointments to the council shall be made so that each |
---|
195 | 195 | | geographic area of the state is represented on the council. |
---|
196 | 196 | | [Notwithstanding Subsection (a), appointments to the council must |
---|
197 | 197 | | reflect the ethnic diversity of this state.] |
---|
198 | 198 | | SECTION 19. Section 102.101(c), Health and Safety Code, is |
---|
199 | 199 | | amended to read as follows: |
---|
200 | 200 | | (c) The members of the oversight committee must represent |
---|
201 | 201 | | the geographic [and cultural] diversity of the state. |
---|
202 | 202 | | SECTION 20. Section 534.003(c), Health and Safety Code, is |
---|
203 | 203 | | amended to read as follows: |
---|
204 | 204 | | (c) When the center is established, the governing bodies |
---|
205 | 205 | | shall enter into a contract that stipulates the number of board |
---|
206 | 206 | | members and the group from which the members are chosen. They may |
---|
207 | 207 | | renegotiate or amend the contract as necessary to change the: |
---|
208 | 208 | | (1) method of choosing the members; or |
---|
209 | 209 | | (2) membership of the board of trustees to more |
---|
210 | 210 | | accurately reflect the [ethnic and] geographic diversity of the |
---|
211 | 211 | | local service area. |
---|
212 | 212 | | SECTION 21. Section 534.004(b), Health and Safety Code, is |
---|
213 | 213 | | amended to read as follows: |
---|
214 | 214 | | (b) The local agency or organizational combination of local |
---|
215 | 215 | | agencies that appoints the board of trustees shall, in appointing |
---|
216 | 216 | | the members, attempt to reflect the [ethnic and] geographic |
---|
217 | 217 | | diversity of the local service area the community center serves. |
---|
218 | 218 | | The local agency or organizational combination shall include on the |
---|
219 | 219 | | board of trustees one or more persons otherwise qualified under |
---|
220 | 220 | | this chapter who are consumers of the types of services the center |
---|
221 | 221 | | provides or who are family members of consumers of the types of |
---|
222 | 222 | | services the center provides. |
---|
223 | 223 | | SECTION 22. Section 672.002(g), Health and Safety Code, is |
---|
224 | 224 | | amended to read as follows: |
---|
225 | 225 | | (g) Members selected under Subsection (e) must reflect the |
---|
226 | 226 | | geographical [, cultural, racial, ethnic, and gender] diversity of |
---|
227 | 227 | | the county or counties represented. |
---|
228 | 228 | | SECTION 23. Section 674.002(c), Health and Safety Code, is |
---|
229 | 229 | | amended to read as follows: |
---|
230 | 230 | | (c) A review team must be composed of [culturally diverse] |
---|
231 | 231 | | members representing multiple disciplines, including professionals |
---|
232 | 232 | | and representatives of agencies that provide services or community |
---|
233 | 233 | | resources for families in the community and community |
---|
234 | 234 | | representatives. The review team may include: |
---|
235 | 235 | | (1) a physician, including a pediatrician, an |
---|
236 | 236 | | obstetrician, or a physician practicing in another relevant |
---|
237 | 237 | | specialty; |
---|
238 | 238 | | (2) a registered nurse; |
---|
239 | 239 | | (3) a certified nurse-midwife or licensed midwife; |
---|
240 | 240 | | (4) a county attorney or a designee of a county |
---|
241 | 241 | | attorney; |
---|
242 | 242 | | (5) a representative of a school district; |
---|
243 | 243 | | (6) a representative of the local health department; |
---|
244 | 244 | | (7) a forensic pathologist; |
---|
245 | 245 | | (8) a mental health professional; |
---|
246 | 246 | | (9) a representative from a local hospital; |
---|
247 | 247 | | (10) a local registrar of births and deaths; |
---|
248 | 248 | | (11) a person working in a supervisory position in |
---|
249 | 249 | | local administration of the state Medicaid program; |
---|
250 | 250 | | (12) a person working with local implementation of the |
---|
251 | 251 | | Special Supplemental Nutrition Program for Women, Infants, and |
---|
252 | 252 | | Children; |
---|
253 | 253 | | (13) an educator; |
---|
254 | 254 | | (14) a pastoral counselor; |
---|
255 | 255 | | (15) a member of the health committee of a chamber of |
---|
256 | 256 | | commerce; and |
---|
257 | 257 | | (16) other community representatives. |
---|
258 | 258 | | SECTION 24. Section 318.003(a), Local Government Code, is |
---|
259 | 259 | | amended to read as follows: |
---|
260 | 260 | | (a) The commission must be composed of at least seven |
---|
261 | 261 | | residents of the county. Members of the commission must be |
---|
262 | 262 | | individuals who broadly reflect the [age, ethnic, and] geographic |
---|
263 | 263 | | diversity of the county. |
---|
264 | 264 | | SECTION 25. Section 901.654, Occupations Code, is amended |
---|
265 | 265 | | by amending Subsection (b) and adding Subsection (c) to read as |
---|
266 | 266 | | follows: |
---|
267 | 267 | | (b) In determining what best promotes the public purpose, |
---|
268 | 268 | | the board shall consider at a minimum the following factors |
---|
269 | 269 | | relating to each person applying for a scholarship under this |
---|
270 | 270 | | section: |
---|
271 | 271 | | (1) financial need; and |
---|
272 | 272 | | (2) [ethnic or racial minority status; and |
---|
273 | 273 | | [(3)] scholastic ability and performance in at least |
---|
274 | 274 | | 15 hours of upper-level accounting coursework. |
---|
275 | 275 | | (c) In determining what best promotes the public purpose, |
---|
276 | 276 | | the board may not consider the race, color, disability, sex, |
---|
277 | 277 | | religion, age, or national origin of the applicant. |
---|
278 | 278 | | SECTION 26. Section 901.659(a), Occupations Code, is |
---|
279 | 279 | | amended to read as follows: |
---|
280 | 280 | | (a) The board shall adopt rules to encourage internships for |
---|
281 | 281 | | [minority and disadvantaged] students and certified public |
---|
282 | 282 | | accountant examination candidates who notify the board not later |
---|
283 | 283 | | than 90 days after the date of being accepted into an accounting |
---|
284 | 284 | | internship program. |
---|
285 | 285 | | SECTION 27. Section 901.660(b), Occupations Code, is |
---|
286 | 286 | | amended to read as follows: |
---|
287 | 287 | | (b) The report expenses shall be included in the |
---|
288 | 288 | | administrative costs allocated to the board under Section 901.155. |
---|
289 | 289 | | The report must include [: |
---|
290 | 290 | | [(1)] the number and amount of scholarships awarded in |
---|
291 | 291 | | the two calendar years preceding the year in which the report is due |
---|
292 | 292 | | [; and |
---|
293 | 293 | | [(2) the number of minority students, by racial or |
---|
294 | 294 | | ethnic background, who have been awarded scholarships under the |
---|
295 | 295 | | program in that two-year period]. |
---|
296 | 296 | | SECTION 28. Section 2022.052(b), Occupations Code, is |
---|
297 | 297 | | amended to read as follows: |
---|
298 | 298 | | (b) The commission shall employ the executive director and |
---|
299 | 299 | | other employees without [to reflect the diversity of the state's |
---|
300 | 300 | | population with] regard to race, color, disability, sex, religion, |
---|
301 | 301 | | age, and national origin. |
---|
302 | 302 | | SECTION 29. Section 201.9025(a), Transportation Code, is |
---|
303 | 303 | | amended to read as follows: |
---|
304 | 304 | | (a) The Texas Department of Transportation Bicycle Advisory |
---|
305 | 305 | | Committee shall advise and make recommendations to the commission |
---|
306 | 306 | | on the development of bicycle tourism trails in this state. |
---|
307 | 307 | | Recommendations on bicycle tourism trails developed under this |
---|
308 | 308 | | section: |
---|
309 | 309 | | (1) shall be made in consultation with the Parks and |
---|
310 | 310 | | Wildlife Commission and the Texas Economic Development and Tourism |
---|
311 | 311 | | Office; |
---|
312 | 312 | | (2) shall reflect the geography, scenery, and history |
---|
313 | 313 | | [, and cultural diversity] of this state; |
---|
314 | 314 | | (3) shall maximize federal and private sources of |
---|
315 | 315 | | funding for the designation, construction, improvement, |
---|
316 | 316 | | maintenance, and signage of the trails and the promotion of bicycle |
---|
317 | 317 | | tourism; and |
---|
318 | 318 | | (4) may include multiuse trails to accommodate |
---|
319 | 319 | | equestrians, pedestrians, and other nonmotorized trail users when |
---|
320 | 320 | | practicable. |
---|
321 | 321 | | SECTION 30. The following provisions of law are repealed: |
---|
322 | 322 | | (1) Section 72.041, Government Code; and |
---|
323 | 323 | | (2) Sections 603.051(b) and 901.659(b), Occupations |
---|
324 | 324 | | Code. |
---|
325 | 325 | | SECTION 31. This Act takes effect September 1, 2025. |
---|