Bill Text: TX HB40 | 2021 | 87th Legislature 2nd Special Session | Introduced

Texas House Bill 40 (Prior Session Legislation)

Introduced

Bill Title: Relating to a prohibition on certain training concerning race or sex, including a prohibition on state or local government contracts with companies that require that training; providing a civil penalty.

Sponsorship: Partisan Bill (Republican 3)

Status: (Introduced - Dead) 2021-08-06 - Filed [HB40 Detail]

Download: Texas-2021-HB40-Introduced.html



	By: Toth	H.B. No. 40



	A BILL TO BE ENTITLED
	AN ACT
	relating to a prohibition on certain training concerning race or
	sex, including a prohibition on state or local government contracts
	with companies that require that training; providing a civil
	penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle A, Title 6, Government Code, is amended
	by adding Chapter 620 to read as follows:
	CHAPTER 620. CERTAIN TRAINING RELATING TO RACE OR SEX PROHIBITED
	Sec. 620.001. DEFINITIONS. In this chapter, "political
	subdivision" and "state agency" have the meanings assigned by
	Section 609.001.
	Sec. 620.002. CERTAIN TRAINING PROHIBITED. (a) A state
	agency or political subdivision may not, directly or through
	another entity, compel, inculcate, instruct, teach, or train an
	employee, student, service recipient, contractor, staff member,
	inmate, or other individual or group to adopt or express a belief
	in, or support for, racist or sexist concepts or revisionist
	history concerning race or sex, including that:
	(1) one race or sex is inherently superior to another
	race or sex;
	(2) an individual, by virtue of the individual's race
	or sex, is inherently racist, sexist, or oppressive, whether
	consciously or unconsciously;
	(3) an individual should be discriminated against or
	receive adverse treatment solely or partly because of the
	individual's race;
	(4) members of one race or sex cannot and should not
	attempt to treat others without respect to race;
	(5) an individual's moral character, standing, or
	worth is necessarily determined by the individual's race;
	(6) an individual, by virtue of the individual's race
	or sex, bears responsibility for actions committed in the past by
	other members of the same race or sex;
	(7) an individual should feel discomfort, guilt,
	anguish, or any other form of psychological distress on account of
	the individual's race or sex;
	(8) meritocracy or traits such as having a strong work
	ethic are racist or sexist or were created by members of a
	particular race to oppress members of another race;
	(9) the advent of slavery in the territory that is now
	the United States constituted the true founding of the United
	States; or
	(10) with respect to their relationship to American
	values, slavery and racism are anything other than deviations from,
	betrayals of, or failures to live up to, the authentic founding
	principles of the United States, which include liberty and
	equality.
	(b) A state agency or political subdivision may not subject
	an employee to an adverse employment action, warning, or discipline
	for refusing to participate in a training program or other activity
	described by Subsection (a).
	(c) Not later than November 1 of each year, a state agency or
	political subdivision shall review any training program relating to
	diversity or inclusion and evaluate whether the training program
	violates Subsection (a).
	(d) Except as provided by Subsection (a), this section may
	not be construed to prohibit or discourage a state agency or
	political subdivision from providing workplace sensitivity
	training based on the inherent humanity and equality of all persons
	and the idea that all persons should be treated with equality,
	dignity, and respect.
	(e) An effort by a state agency or political subdivision to
	encourage diversity and inclusion must, first and foremost,
	encourage public employees to not judge or treat another person
	differently on the basis of a protected characteristic.
	Sec. 620.003. ENFORCEMENT; CIVIL PENALTY FOR VIOLATION BY
	STATE AGENCY OR POLITICAL SUBDIVISION. (a) A state agency or
	political subdivision that violates Section 620.002 is liable to
	this state for a civil penalty in the amount of $5,000 for each
	violation. Each day a violation continues is considered a separate
	violation for purposes of this subsection.
	(b) A resident of this state may file a complaint with the
	attorney general alleging that a state agency or political
	subdivision is in violation of Section 620.002. The resident must
	include with the complaint a signed statement describing the
	violation.
	(c) If, based on an investigation, the attorney general
	determines that a violation of Section 620.002 has occurred, the
	attorney general shall provide the appropriate officer of the state
	agency or political subdivision with a written notice that:
	(1) describes the violation;
	(2) states the amount of the proposed civil penalty
	for the violation; and
	(3) requires the state agency or political subdivision
	to cure the violation on or before the 15th day after the date the
	notice is received to avoid the civil penalty, unless the state
	agency or political subdivision was previously found liable by a
	court for violating Section 620.002.
	(d) If a state agency or political subdivision does not cure
	the violation on or before the 15th day after the date notice under
	Subsection (c) is received or the state agency or political
	subdivision was previously found liable by a court for violating
	Section 620.002, the attorney general may sue to collect the civil
	penalty. In addition, the attorney general may petition for a writ
	of mandamus or apply for other appropriate equitable relief.
	(e) A suit or petition under this section may be filed in a
	district court in Travis County.
	(f) The attorney general may recover reasonable expenses
	incurred in obtaining relief under this section, including court
	costs, reasonable attorney's fees, investigative costs, witness
	fees, and deposition costs.
	(g) Sovereign immunity to suit is waived and abolished to
	the extent of liability created by this section.
	Sec. 620.004. TERMINATION OF EMPLOYEE FOR VIOLATION. An
	employee of a state agency or political subdivision may be
	terminated for wilfully or repeatedly violating Section 620.002.
	SECTION 2. Subtitle F, Title 10, Government Code, is
	amended by adding Chapter 2275 to read as follows:
	CHAPTER 2275. PROHIBITION ON CONTRACTS WITH COMPANIES THAT REQUIRE
	CERTAIN TRAINING RELATED TO RACE OR SEX
	Sec. 2275.001. DEFINITIONS. In this chapter:
	(1) "Company" has the meaning assigned by Section
	808.001.
	(2) "Political subdivision" and "state agency" have
	the meanings assigned in Section 609.001.
	Sec. 2275.002. PROVISION REQUIRED IN CONTRACT. A state
	agency or political subdivision may not enter into a contract with a
	company for goods or services unless the contract contains a
	written verification from the company that it does not, and will not
	during the term of the contract, compel, inculcate, instruct,
	teach, or train any public or private employee, student, service
	recipient, contractor, staff member, inmate, or other individual or
	group to adopt or express a belief in, or support for, racist or
	sexist concepts or revisionist history concerning race or sex,
	including that:
	(1) one race or sex is inherently superior to another
	race or sex;
	(2) an individual, by virtue of the individual's race
	or sex, is inherently racist, sexist, or oppressive, whether
	consciously or unconsciously;
	(3) an individual should be discriminated against or
	receive adverse treatment solely or partly because of the
	individual's race;
	(4) members of one race or sex cannot and should not
	attempt to treat others without respect to race;
	(5) an individual's moral character, standing, or
	worth is necessarily determined by the individual's race;
	(6) an individual, by virtue of the individual's race
	or sex, bears responsibility for actions committed in the past by
	other members of the same race or sex;
	(7) an individual should feel discomfort, guilt,
	anguish, or any other form of psychological distress on account of
	the individual's race or sex;
	(8) meritocracy or traits such as having a strong work
	ethic are racist or sexist or were created by members of a
	particular race to oppress members of another race;
	(9) the advent of slavery in the territory that is now
	the United States constituted the true founding of the United
	States; or
	(10) with respect to their relationship to American
	values, slavery and racism are anything other than deviations from,
	betrayals of, or failures to live up to, the authentic founding
	principles of the United States, which include liberty and
	equality.
	SECTION 3. Chapter 2275, Government Code, as added by this
	Act, applies only to a contract entered into on or after the
	effective date of this Act. A contract entered into before that
	date is governed by the law in effect on the date the contract was
	entered into, and the former law is continued in effect for that
	purpose.
	SECTION 4. 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.