Bill Text: TX HB3682 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to a prohibition against affirmative action in governmental employment and in higher education admissions.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced - Dead) 2023-03-16 - Referred to State Affairs [HB3682 Detail]

Download: Texas-2023-HB3682-Introduced.html
  88R12321 CXP-D
 
  By: Tepper H.B. No. 3682
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition against affirmative action in
  governmental employment and in higher education admissions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. PROHIBITION AGAINST AFFIRMATIVE ACTION IN GOVERNMENTAL
  EMPLOYMENT AND IN HIGHER EDUCATION ADMISSIONS
         SECTION 1.01.  Section 51.805, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  A general academic teaching institution may not
  consider an applicant's race, color, or any other protected
  characteristic under applicable state or federal law as a factor in
  making admissions decisions.  An applicant may seek any appropriate
  remedy available under state or federal law for a violation of this
  subsection.  To the extent of any conflict, this subsection
  prevails over any other law relating to admissions decisions made
  by a general academic teaching institution.  Nothing in this
  subsection may be construed to impair the enforcement of any
  applicable state or federal civil rights law.
         SECTION 1.02.  Section 51.808, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  A general academic teaching institution or medical
  and dental unit may not adopt a policy under this section under
  which the institution may consider an applicant's race, color, or
  any other protected characteristic under applicable state or
  federal law as a factor in making admissions decisions.  An
  applicant may seek any appropriate remedy available under state or
  federal law for a violation of this subsection.  To the extent of
  any conflict, this subsection prevails over any other law relating
  to admissions decisions made by a general academic teaching
  institution or medical and dental unit.  Nothing in this subsection
  may be construed to impair the enforcement of any applicable state
  or federal civil rights law.
         SECTION 1.03.  Chapter 1, Government Code, is amended by
  adding Section 1.004 to read as follows:
         Sec. 1.004.  PROHIBITION AGAINST AFFIRMATIVE ACTION IN
  GOVERNMENTAL EMPLOYMENT. (a) In this section:
               (1)  "Employment decision" includes a decision
  regarding a person's hiring, termination, promotion, demotion,
  transfer, conditions of employment, or wages.
               (2)  "Government agency" has the meaning assigned by
  Section 110.001, Civil Practice and Remedies Code.
         (b)  Notwithstanding any other law, a government agency may
  not consider the race, color, or any other protected characteristic
  under applicable state or federal law of a person as a factor in
  making an employment decision regarding the person.
         (c)  A person may seek any appropriate remedy available under
  state or federal law for a violation of this section.
         (d)  To the extent of any conflict, this section prevails
  over any other law relating to an employment decision made by a
  government agency.
         (e)  Nothing in this section may be construed to impair the
  application or enforcement of any applicable state or federal civil
  rights law.
  ARTICLE 2. CONFORMING AMENDMENTS
         SECTION 2.01.  Section 901.659, Occupations Code, is amended
  to read as follows:
         Sec. 901.659.  [MINORITY AND] DISADVANTAGED STUDENT
  INTERNSHIPS. (a)  The board shall adopt rules to encourage
  internships for [minority and] disadvantaged students and
  certified public accountant examination candidates who notify the
  board not later than 90 days after the date of being accepted into
  an accounting internship program.
         (b)  The rules adopted by the board shall include standards
  for appropriate recognition of an accounting firm for its efforts
  in training and hiring [minority or] disadvantaged students.
         SECTION 2.02.  Section 51.803(k), Education Code, is
  repealed.
  ARTICLE 3. TRANSITION AND EFFECTIVE DATE
         SECTION 3.01.  The change in law made by this Act to
  Subchapter U, Chapter 51, Education Code, applies beginning with
  admissions to a general academic teaching institution for the
  2024-2025 academic year. Admissions for an academic period
  preceding that academic year are covered by the law in effect
  immediately before the effective date of this Act, and the prior law
  is continued in effect for that purpose.
         SECTION 3.02.  This Act takes effect September 1, 2023.
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