Bill Text: TX HB144 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the implementation of diversity, equity, and inclusion initiatives by certain governmental entities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-12 - Filed [HB144 Detail]
Download: Texas-2023-HB144-Introduced.html
88S30139 RDS-D | ||
By: Tepper | H.B. No. 144 |
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relating to the implementation of diversity, equity, and inclusion | ||
initiatives by certain governmental entities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 6, Government Code, is amended | ||
by adding Chapter 621 to read as follows: | ||
CHAPTER 621. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND | ||
INCLUSION INITIATIVES | ||
Sec. 621.001. DEFINITIONS. In this chapter: | ||
(1) "Diversity, equity, and inclusion office" means an | ||
office, division, or other unit of a governmental entity | ||
established for the purpose of: | ||
(A) influencing hiring or employment practices | ||
at the entity with respect to race, sex, color, or ethnicity, other | ||
than through the use of color-blind and sex-neutral hiring | ||
processes in accordance with any applicable state and federal | ||
antidiscrimination laws; | ||
(B) promoting differential treatment or | ||
providing special benefits to individuals on the basis of race, | ||
sex, color, or ethnicity; | ||
(C) promoting policies or procedures designed or | ||
implemented in reference to race, color, or ethnicity, other than | ||
policies or procedures implemented for the purpose of ensuring | ||
compliance with any applicable federal law; or | ||
(D) conducting trainings, programs, or | ||
activities designed or implemented in reference to race, color, | ||
ethnicity, gender identity, or sexual orientation, other than | ||
trainings, programs, or activities conducted for the purpose of | ||
ensuring compliance with any applicable court order or state or | ||
federal law. | ||
(2) "Governmental entity" has the meaning assigned by | ||
Section 620.001, Government Code, except that the term also | ||
includes a school district or open-enrollment charter school. | ||
Sec. 621.002. APPLICABILITY OF CHAPTER. This chapter does | ||
not apply to an institution of higher education. | ||
Sec. 621.003. RESPONSIBILITY OF GOVERNMENTAL ENTITY | ||
REGARDING DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. (a) A | ||
governmental entity shall ensure that each unit of the entity: | ||
(1) does not, except as required by federal law: | ||
(A) establish or maintain a diversity, equity, | ||
and inclusion office; | ||
(B) hire or assign an employee of the entity or | ||
contract with a third party to perform the duties of a diversity, | ||
equity, and inclusion office; | ||
(C) compel, require, induce, or solicit any | ||
person to provide a diversity, equity, and inclusion statement or | ||
give preferential consideration to any person based on the | ||
provision of a diversity, equity, and inclusion statement; | ||
(D) give preference on the basis of race, sex, | ||
color, ethnicity, or national origin to an applicant for | ||
employment, an employee, or a participant in any function of the | ||
entity; or | ||
(E) require as a condition of employment any | ||
person to participate in diversity, equity, and inclusion training, | ||
which: | ||
(i) includes a training, program, or | ||
activity designed or implemented in reference to race, color, | ||
ethnicity, gender identity, or sexual orientation; and | ||
(ii) does not include a training, program, | ||
or activity developed for the purpose of ensuring compliance with | ||
any applicable federal law; and | ||
(2) adopts policies and procedures for appropriately | ||
disciplining, including by termination, an employee or contractor | ||
of the entity who engages in conduct in violation of Subdivision | ||
(1). | ||
(b) Subsection (a)(1) may not be construed to apply to: | ||
(1) academic course instruction; | ||
(2) scholarly research or a creative work by a school | ||
district's or open-enrollment charter school's students or faculty; | ||
(3) an activity of a student organization registered | ||
with or recognized by a school district or open-enrollment charter | ||
school; | ||
(4) guest speakers or performers on short-term | ||
engagements; | ||
(5) a program or activity to enhance student academic | ||
achievement or postgraduate outcomes that allows participation | ||
without regard to race, sex, color, or ethnicity; or | ||
(6) data collection. | ||
(c) An employee of a governmental entity who is required to | ||
participate in training in violation of Subsection (a)(1)(E) may | ||
bring an action against the entity for injunctive and declaratory | ||
relief. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect on the 91st day after the last day of the | ||
legislative session. |