Texas 2025 - 89th Regular

Texas Senate Bill SB689 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hughes, et al. S.B. No. 689
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3		-
	2	+	(In the Senate - Filed December 20, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	March 24, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 0; March 24, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 689 By: Paxton
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to employment practices regarding diversity and
9	14		prohibiting the implementation of diversity, equity, and inclusion
10	15		initiatives by certain governmental entities.
11	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	17		SECTION 1. Subtitle A, Title 6, Government Code, is amended
13	18		by adding Chapter 621 to read as follows:
14	19		CHAPTER 621. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND
15	20		INCLUSION INITIATIVES
16	21		Sec. 621.001. DEFINITIONS. In this chapter:
17	22		(1) "Diversity, equity, and inclusion office" means an
18	23		office, division, or other unit of a governmental entity
19	24		established for the purpose of:
20	25		(A) influencing hiring or employment practices
21	26		or workforce composition at the entity with respect to race, sex,
22	27		color, or ethnicity, other than through the use of color-blind,
23	28		race-neutral, and sex-neutral hiring processes in accordance with
24	29		any applicable state and federal antidiscrimination laws;
25	30		(B) promoting differential treatment or
26	31		providing special benefits to individuals on the basis of race,
27	32		sex, color, or ethnicity;
28	33		(C) promoting policies or procedures designed or
29	34		implemented in reference to race, sex, color, or ethnicity, other
30	35		than policies or procedures:
31	36		(i) approved in writing by the attorney
32	37		general; and
33	38		(ii) implemented for the sole purpose of
34	39		ensuring compliance with any applicable federal law;
35	40		(D) conducting trainings, programs, or
36	41		activities designed or implemented in reference to race, sex,
37	42		color, ethnicity, gender identity, or sexual orientation, other
38	43		than trainings, programs, or activities:
39	44		(i) developed by an attorney;
40	45		(ii) approved in writing by the attorney
41	46		general; and
42	47		(iii) conducted for the sole purpose of
43	48		ensuring compliance with any applicable court order or state or
44	49		federal law; or
45	50		(E) promoting, as an official position of the
46	51		entity, a particular opinion referencing unconscious or implicit
47	52		bias, cultural appropriation, allyship, transgender ideology,
48	53		microaggressions, group marginalization, anti-racism, systemic
49	54		oppression, social justice, intersectionality, neo-pronouns,
50	55		heteronormativity, disparate impact, gender theory, racial or
51	56		sexual privilege, or any related formulation of these concepts.
52	57		(2) "Governmental entity" means:
53	58		(A) a department, commission, board, office, or
54	59		other agency that is in the executive branch of state government and
55	60		that was created by the constitution or a statute, other than an
56	61		institution of higher education as defined by Section 61.003,
57	62		Education Code;
58	63		(B) the legislature or a legislative state
59	64		agency;
60	65		(C) the supreme court, the court of criminal
61	66		appeals, a court of appeals, a district court, or the Texas Judicial
62	67		Council or another agency in the judicial branch of state
63	68		government; or
64	69		(D) a county, a municipality, a special purpose
65	70		district, or any other political subdivision of this state, other
66	71		than a school district.
67	72		Sec. 621.002. RESPONSIBILITY OF GOVERNMENTAL ENTITY
68	73		REGARDING DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. A
69	74		governmental entity shall ensure that each unit of the entity does
70	75		not, except as required by federal law:
71		-	(1) compel, require, induce, or solicit any person to
72		-	provide a diversity, equity, and inclusion statement or give
73		-	preferential consideration to any person based on the provision of
74		-	a diversity, equity, and inclusion statement;
75		-	(2) establish or maintain a diversity, equity, and
	76	+	(1) establish or maintain a diversity, equity, and
76	77		inclusion office; or
77		-	(3) hire or assign an employee of the entity or
	78	+	(2) hire or assign an employee of the entity or
78	79		contract with a third party to perform the duties of a diversity,
79	80		equity, and inclusion office.
80	81		Sec. 621.003. COMPLAINT; ENFORCEMENT. (a) A person who has
81	82		a reasonable belief that a governmental entity is violating this
82	83		chapter may file a complaint with the attorney general.
83	84		(b) If the attorney general determines that a governmental
84	85		entity named in a complaint received under Subsection (a) is
85	86		violating this chapter, the attorney general may file a petition
86	87		for a writ of mandamus to compel the governmental entity to comply
87	88		with this chapter.
88	89		(c) A mandamus action under Subsection (b) must be filed in:
89	90		(1) Travis County, if the governmental entity is an
90	91		entity described by Sections 621.001(2)(A)-(C); or
91	92		(2) the county in which the governmental entity is
92	93		located, if the governmental entity is an entity described by
93	94		Section 621.001(2)(D).
94	95		SECTION 2. Section 21.125(a), Labor Code, is amended to
95	96		read as follows:
96	97		(a) Except as otherwise provided by this chapter, an
97	98		unlawful employment practice is established when the complainant
98	99		demonstrates that race, color, sex, national origin, religion, age,
99	100		or disability was a motivating factor for an employment practice,
100	101		even if other factors also motivated the practice[, unless race,
101	102		color, sex, national origin, religion, age, or disability is
102	103		combined with objective job-related factors to attain diversity in
103	104		the employer's work force].
104	105		SECTION 3. Section 21.452, Labor Code, is amended to read as
105	106		follows:
106	107		Sec. 21.452. DEVELOPMENT AND IMPLEMENTATION OF PERSONNEL
107	108		POLICIES AND PROCEDURES. Each state agency shall develop and
108	109		implement personnel policies and procedures that comply with this
109	110		chapter[, including personnel selection procedures that
110	111		incorporate a workforce diversity program].
111	112		SECTION 4. The following provisions of the Labor Code are
112	113		repealed:
113	114		(1) Section 21.121; and
114	115		(2) Subchapter J, Chapter 21.
115	116		SECTION 5. This Act takes effect immediately if it receives
116	117		a vote of two-thirds of all the members elected to each house, as
117	118		provided by Section 39, Article III, Texas Constitution. If this
118	119		Act does not receive the vote necessary for immediate effect, this
119	120		Act takes effect September 1, 2025.
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