Bill Text: TX HB5140 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to a prohibition against the consideration of race or ethnicity as a factor in governmental employment or contracting, in other governmental functions, and in higher education admissions.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2023-03-24 - Referred to State Affairs [HB5140 Detail]

Download: Texas-2023-HB5140-Introduced.html
  88R3294 SCP/KBB-D
 
  By: Cain H.B. No. 5140
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition against the consideration of race or
  ethnicity as a factor in governmental employment or contracting, in
  other governmental functions, and in higher education admissions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. PROHIBITIONS AGAINST CONSIDERING RACE OR ETHNICITY AS A
  FACTOR IN GOVERNMENTAL EMPLOYMENT OR CONTRACTING, IN OTHER
  GOVERNMENTAL FUNCTIONS, 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 or ethnicity as a factor in making
  admissions decisions.
         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 or ethnicity
  as a factor in making admissions decisions.
         SECTION 1.03.  Chapter 1, Government Code, is amended by
  adding Section 1.004 to read as follows:
         Sec. 1.004.  PROHIBITION AGAINST CONSIDERATION OF RACE OR
  ETHNICITY IN CERTAIN GOVERNMENTAL FUNCTIONS. (a) In this section,
  "state agency" means a board, commission, council, committee,
  department, office, agency, or other governmental entity in the
  executive, legislative, or judicial branch of state government.
  The term includes an institution of higher education as defined by
  Section 61.003, Education Code.
         (b)  Notwithstanding any other law, a state agency, state
  officer, or political subdivision may not consider the race or
  ethnicity of:
               (1)  an applicant for employment as a factor in making
  hiring decisions;
               (2)  a contractor or vendor responding to a contract
  solicitation as a factor in awarding the contract; and
               (3)  any other person with regard to whom the state
  agency, state officer, or political subdivision makes a decision
  that affects the person as a factor in making that decision.
  ARTICLE 2. CONFORMING AMENDMENTS
         SECTION 2.01.  Section 12.029, Agriculture Code, is amended
  to read as follows:
         Sec. 12.029.  [MINORITY AND] FEMALE-OWNED BUSINESS
  CONTRACTS. (a) The department shall establish by rule policies to
  encourage [minority and] female-owned small businesses to bid for
  contract and open market purchases of the department and to assist
  those businesses in that bidding.  The department shall review the
  policies periodically to correct any deficiencies in the policies.
         (b)  The department annually shall determine the number,
  types, and value of contracts awarded to [minority and]
  female-owned small businesses in the year preceding the
  determination and the ratio of the number and the value of those
  contracts to the number and the value of all contracts awarded by
  the department in that year.
         (d)  In this section, "[minority and] female-owned small
  business" means a business enterprise:
               (1)  that is independently owned and operated, that was
  formed for the purpose of making a profit, and that has fewer than
  100 employees and less than $1 million in annual gross receipts; and
               (2)  that is controlled by one or more socially and
  economically disadvantaged persons who own at least 51 percent of
  the business enterprise and are socially disadvantaged because they
  are [of their identification as members of certain groups,
  including] women[, black Americans, Mexican Americans and other
  Americans of Hispanic origin, Asian Americans, and American
  Indians].
         SECTION 2.02.  Section 5.102, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 5.102.  RECRUITMENT. For the purpose of providing
  adequate personnel for all job positions in the commission, the
  commission shall:
               (1)  develop a recruiting program that identifies
  underrepresentation with the commission and focuses on recruiting
  women [different ethnic, racial, or gender groups] for job
  categories in which underrepresentation occurs; and
               (2)  require that all applicants be reviewed by the
  human resources division to ensure consideration of women
  [underrepresented ethnic, racial, or gender groups].
         SECTION 2.03.  Sections 54.0515(d) and (e), Education Code,
  are amended to read as follows:
         (d)  An appointed member of the committee serves at the
  pleasure of the appointing official. In making appointments to the
  committee, the appointing officials shall attempt to appoint
  persons who represent the gender composition[, minority
  populations,] and geographic regions of the state.
         (e)  It is the legislature's intent that each institution of
  higher education, as a condition to tuition deregulation under
  Section 54.0513, reasonably implement the following:
               (1)  each institution shall make satisfactory progress
  towards the goals provided in its master plan for higher education
  and in "Closing the Gaps," the state's master plan for higher
  education; and
               (2)  each institution shall meet acceptable
  performance criteria, including measures such as graduation rates,
  retention rates, enrollment growth, educational quality, [efforts
  to enhance minority participation,] opportunities for financial
  aid, and affordability.
         SECTION 2.04.  Section 55.03, Education Code, is amended to
  read as follows:
         Sec. 55.03.  [MINORITY-OWNED AND] WOMEN-OWNED BUSINESSES.  
  (a)  The board of regents of each institution of higher education
  shall make a good-faith effort to award to [minority-owned and]
  women-owned businesses:
               (1)  contracts relating to the issuance of bonds by the
  board under this chapter in the amount of at least 25 percent of the
  total costs of issuing those bonds; and
               (2)  contracts for the items to be financed by bonds
  issued by the board in the amount of at least 25 percent of the
  proceeds of those bonds.
         (b)  Not later than October 31 of each academic year, the
  board of regents shall file with the governor and each house of the
  legislature a written report containing the following information
  for the previous academic year for all businesses[, minority-owned
  businesses] and women-owned businesses, classified by gender [and
  minority group status]:
               (1)  the total number of contracts relating to the
  issuance of bonds by the board under this chapter and to the items
  to be financed by those bonds;
               (2)  the total dollar amount the board of regents must
  pay under each contract described by Subdivision (1) of this
  subsection; and
               (3)  the total number of businesses submitting bids or
  proposals relating to the issuance of bonds by the board under this
  chapter and to the items to be financed by those bonds.
         (c)  In this section, "women-owned [:
               [(1)  "Minority-owned business" means a business
  entity at least 51 percent of which is owned by members of a
  minority group or, in the case of a corporation, at least 51 percent
  of the shares of which are owned by members of a minority group, and
  that is managed and controlled by members of a minority group in its
  daily operations.
               [(2)  "Minority group" includes:
                     [(A)  African Americans;
                     [(B)  American Indians;
                     [(C)  Asian Americans; and
                     [(D)  Mexican Americans and other Americans of
  Hispanic origin.
               [(3)  "Women-owned] business" means a business entity
  at least 51 percent of which is owned by women or, in the case of a
  corporation, at least 51 percent of the shares of which are owned by
  women, and that is managed and controlled by women in its daily
  operations.
         SECTION 2.05.  Section 72.041, Government Code, is amended
  to read as follows:
         Sec. 72.041.  RECRUITMENT [DIVERSITY]. The judges of the
  supreme court, court of criminal appeals, and courts of appeals
  shall encourage the recruitment of women as judicial law clerks and
  staff attorneys [that reflect the gender, racial, and ethnic
  diversity of this state].
         SECTION 2.06.  Section 651.009(a), Government Code, is
  amended to read as follows:
         (a)  In each case in which the governing body of a state
  board, commission, or other state agency that has statewide
  jurisdiction is appointed by the governor or another appointing
  authority, the governor or appointing authority shall ensure that,
  to the extent possible, the membership of the governing body
  reflects the [racial, ethnic, and] geographic diversity of this
  state.
         SECTION 2.07.  Section 2161.001(3), Government Code, is
  amended to read as follows:
               (3)  "Economically disadvantaged person" means a
  person who:
                     (A)  is economically disadvantaged because of the
  person's identification as a member of one or more of the following
  groups [a certain group, including]:
                           (i)  [Black Americans;
                           [(ii) Hispanic Americans;
                           [(iii)] women; or
                           [(iv) Asian Pacific Americans;
                           [(v)  Native Americans; and]
                           (ii) [(vi)]  veterans as defined by 38
  U.S.C. Section 101(2) who have suffered at least a 20 percent
  service-connected disability as defined by 38 U.S.C. Section
  101(16); and
                     (B)  has suffered the effects of discriminatory
  practices or other similar insidious circumstances over which the
  person has no control.
         SECTION 2.08.  Sections 2161.061(b), (d), and (e),
  Government Code, are amended to read as follows:
         (b)  As one of its certification procedures, the comptroller
  may:
               (1)  approve the certification program of one or more
  local governments or nonprofit organizations in this state that
  certify historically underutilized businesses or [, minority
  business enterprises,] women's business enterprises[, or
  disadvantaged business enterprises] under substantially the same
  definition, to the extent applicable, used by Section 2161.001, if
  the local government or nonprofit organization meets or exceeds the
  standards established by the comptroller; and
               (2)  certify a business that is certified by a local
  government or by a nonprofit organization as a historically
  underutilized business under this chapter.
         (d)  A local government or a nonprofit organization that
  certifies historically underutilized businesses or [, minority
  business enterprises,] women's business enterprises[, or
  disadvantaged business enterprises] as described in Subsections
  (b) and (c) shall complete the certification of an applicant or
  provide an applicant with written justification of its
  certification denial within the period established by the
  comptroller in its rules for certification activities.
         (e)  A local government or a nonprofit organization that
  certifies historically underutilized businesses under Subsection
  (c) or that conducts a certification program described by and
  approved under Subsection (b) shall make available to the public an
  online searchable database containing information about
  historically underutilized businesses and [, minority business
  enterprises,] women's business enterprises[, and disadvantaged
  business enterprises] certified by the local government or
  nonprofit organization, including:
               (1)  the name of the business;
               (2)  the contact person or owner of the business;
               (3)  the address and telephone number of the business;
               (4)  the type or category of business, including
  relevant capabilities of the business and the North American
  Industry Classification System codes for the business; and
               (5)  the expiration date of the business's
  certification.
         SECTION 2.09.  Section 2161.125, Government Code, is amended
  to read as follows:
         Sec. 2161.125.  CATEGORIZATION OF HISTORICALLY
  UNDERUTILIZED BUSINESSES. The comptroller, in cooperation with
  each state agency reporting under this subchapter, shall categorize
  each historically underutilized business included in a report under
  this subchapter by sex[, race, and ethnicity] and by whether the
  business qualifies as a historically underutilized business
  because it is owned or owned, operated, and controlled, as
  applicable, wholly or partly by one or more veterans as defined by
  38 U.S.C. Section 101(2) who have suffered at least a 20 percent
  service-connected disability as defined by 38 U.S.C. Section
  101(16).
         SECTION 2.10.  Section 93.002(b), Health and Safety Code, is
  amended to read as follows:
         (b)  In appointing public members under Subsection (a)(1),
  the governor shall attempt to appoint female members [and members
  of different minority groups, including African Americans,
  Hispanic Americans, Native Americans, and Asian Americans].
         SECTION 2.11.  Section 318.003(a), Local Government Code, is
  amended to read as follows:
         (a)  The commission must be composed of at least seven
  residents of the county. Members of the commission must be
  individuals who broadly reflect the age[, ethnic,] and geographic
  diversity of the county.
         SECTION 2.12.  Section 351.1035(a), Local Government Code,
  is amended to read as follows:
         (a)  In this section, "disadvantaged business" means:
               (1)  a corporation formed for the purpose of making a
  profit in which at least 51 percent of all classes of the shares of
  stock or other equitable securities are owned by one or more persons
  who are socially disadvantaged because they are [of their
  identification as members of certain groups, including black
  Americans, Hispanic Americans,] women and [, Asian Pacific
  Americans, and American Indians, who] have suffered the effects of
  discriminatory practices or similar insidious circumstances over
  which they have no control;
               (2)  a sole proprietorship for the purpose of making a
  profit that is 100 percent owned, operated, and controlled by a
  person described by Subdivision (1) of this subsection;
               (3)  a partnership for the purpose of making a profit in
  which 51 percent of the assets and interest in the partnership is
  owned by one or more persons described by Subdivision (1) of this
  subsection who[. Those persons must] have a proportionate interest
  in the control, operation, and management of the partnership's
  affairs;
               (4)  a joint venture in which each entity in the joint
  venture is a disadvantaged business under this subsection; or
               (5)  a supplier contract between a disadvantaged
  business under this subsection and a prime contractor under which
  the disadvantaged business is directly involved in the manufacture
  or distribution of the supplies or materials or otherwise
  warehouses and ships the supplies.
         SECTION 2.13.  Section 375.003(4), Local Government Code, is
  amended to read as follows:
               (4)  "Disadvantaged business" means:
                     (A)  a corporation formed for the purpose of
  making a profit and at least 51 percent of all classes of the shares
  of stock or other equitable securities of which are owned by one or
  more persons who are socially disadvantaged because they are women
  and [of their identification as members of certain groups that]
  have suffered the effects of discriminatory practices or similar
  insidious circumstances over which they have no control[, including
  black Americans, Hispanic Americans, women, Asian Pacific
  Americans, and American Indians];
                     (B)  a sole proprietorship formed for the purpose
  of making a profit that is owned, operated, and controlled
  exclusively by one or more persons described by Paragraph (A);
                     (C)  a partnership that is formed for the purpose
  of making a profit, in which 51 percent of the assets and interest
  in the partnership is owned by one or more persons described by
  Paragraph (A), and in which [minority or] women partners have a
  proportionate interest in the control, operation, and management of
  the partnership affairs;
                     (D)  a joint venture [between minority and women's
  group members] formed by women for the purpose of making a profit
  [and the minority participation in which is based on the sharing of
  real economic interest, including equally proportionate control
  over management, interest in capital, and interest earnings, other
  than a joint venture in which majority group members own or control
  debt securities, leasehold interest, management contracts, or
  other interests];
                     (E)  a supplier contract between persons
  described in Paragraph (A) and a prime contractor in which the
  disadvantaged business is directly involved for the manufacture or
  distribution of the supplies or materials or otherwise for
  warehousing and shipping the supplies; or
                     (F)  a person certified as a disadvantaged
  business by:
                           (i)  this state;
                           (ii)  a political subdivision of this state;
  or
                           (iii)  a regional planning commission,
  council of governments, or similar regional planning agency created
  under Chapter 391.
         SECTION 2.14.  Sections 381.004(b) and (d), Local Government
  Code, are amended to read as follows:
         (b)  To stimulate business and commercial activity in a
  county, the commissioners court of the county may develop and
  administer a program:
               (1)  for state or local economic development;
               (2)  for small [or disadvantaged] business
  development;
               (3)  to stimulate, encourage, and develop business
  location and commercial activity in the county;
               (4)  to promote or advertise the county and its
  vicinity or conduct a solicitation program to attract conventions,
  visitors, and businesses;
               (5)  to improve the extent to which women-owned [women
  and minority] businesses are awarded county contracts;
               (6)  to support comprehensive literacy programs for the
  benefit of county residents; or
               (7)  for the encouragement, promotion, improvement,
  and application of the arts.
         (d)  A program established under this section may be designed
  to reasonably increase participation by [minority and] women-owned
  businesses in public contract awards by the county by establishing
  a contract percentage goal for those businesses.
         SECTION 2.15.  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 2.16.  Section 311.0101(d), Tax Code, is amended to
  read as follows:
         (d)  The board by rule shall adopt goals for the
  participation of [minority business enterprises and] women-owned
  business enterprises in the awarding of state contracts for
  professional services. To implement the participation goals, the
  board shall encourage each issuer to award to [minority business
  enterprises and] women-owned business enterprises not less than 15
  percent of the total value of all professional services contract
  awards that the issuer expects to make in its fiscal year.
         SECTION 2.17.  Section 284.007(d), Transportation Code, is
  amended to read as follows:
         (d)  In this section, "historically underutilized business"
  means:
               (1)  a corporation formed for the purpose of making a
  profit in which at least 51 percent of all classes of the shares of
  stock or other equitable securities is owned, managed, and in daily
  operations controlled by one or more persons who have been
  historically underutilized because they are [of their
  identification as members of certain groups, including African
  Americans, Hispanic Americans,] women and [, Asian Pacific
  Americans, and Native Americans, who] have suffered the effects of
  discriminatory practices or similar invidious circumstances over
  which they have no control;
               (2)  a sole proprietorship formed for the purpose of
  making a profit that is 100 percent owned and in daily operations is
  controlled by a person described by Subdivision (1);
               (3)  a partnership formed for the purpose of making a
  profit in which at least 51 percent of the assets and interest in
  the partnership is owned by one or more persons described by
  Subdivision (1) who also have proportionate interest in the
  control, daily operations, and management of the partnership's
  affairs;
               (4)  a joint venture in which each entity in the joint
  venture is a historically underutilized business; or
               (5)  a supplier contract between a historically
  underutilized business and a prime contractor under which the
  historically underutilized business is directly involved in the
  manufacture or distribution of the supplies or materials or
  otherwise warehouses and ships the supplies or materials.
         SECTION 2.18.  Section 431.109(e), Transportation Code, is
  amended to read as follows:
         (e)  In this section, "historically underutilized business"
  means:
               (1)  a corporation formed for the purpose of making a
  profit in which at least 51 percent of all classes of the shares of
  stock or other equitable securities is owned, managed, and in daily
  operations controlled by one or more persons who have been
  historically underutilized because they are [of their
  identification as members of certain groups, including African
  Americans, Hispanic Americans,] women and[, Asian Pacific
  Americans, and Native Americans, who] have suffered the effects of
  discriminatory practices or similar invidious circumstances over
  which they have no control;
               (2)  a sole proprietorship formed for the purpose of
  making a profit that is 100 percent owned and in daily operation is
  controlled by a person described by Subdivision (1);
               (3)  a partnership formed for the purpose of making a
  profit in which at least 51 percent of the assets and interest in
  the partnership are owned by one or more persons described by
  Subdivision (1) and who also have proportionate interest in the
  control, daily operation, and management of the partnership's
  affairs;
               (4)  a joint venture in which each entity in the joint
  venture is a historically underutilized business; or
               (5)  a supplier contract between a historically
  underutilized business and a prime contractor under which the
  historically underutilized business is directly involved in the
  manufacture or distribution of the supplies or materials or
  otherwise warehouses and ships the supplies or materials.
         SECTION 2.19.  Section 451.251, Transportation Code, is
  amended to read as follows:
         Sec. 451.251.  CONTRACT GOALS FOR DISADVANTAGED BUSINESSES.
  An authority that does not have an up-to-date disadvantaged
  business enterprise program[, as defined by 49 C.F.R. Part 23,] to
  assist [minorities and] women in participating in authority
  contracts should establish goals for that participation. The
  recommended contract goals are:
               (1)  17 percent for construction, 11 percent for
  purchasing, and 24 percent for professional services; or
               (2)  the weighted average equivalent of the categories
  in Subdivision (1).
         SECTION 2.20.  The heading to Section 451.252,
  Transportation Code, is amended to read as follows:
         Sec. 451.252.  WOMEN-OWNED BUSINESSES [MINORITY AND
  DISADVANTAGED INDIVIDUALS] PROGRAM: CERTAIN AUTHORITIES.
         SECTION 2.21.  Section 451.252(a), Transportation Code, is
  amended to read as follows:
         (a)  The board of an authority confirmed before July 1, 1985,
  shall establish a program to encourage participation in contracts
  of the authority by businesses owned by women [minorities or
  disadvantaged individuals].
         SECTION 2.22.  The heading to Section 451.253,
  Transportation Code, is amended to read as follows:
         Sec. 451.253.  [MINORITY AND] WOMEN-OWNED BUSINESS PROGRAM:
  CERTAIN AUTHORITIES.
         SECTION 2.23.  Sections 451.253(a), (c), and (d),
  Transportation Code, are amended to read as follows:
         (a)  An authority with a regional economic development
  facility approved under Subchapter E may establish a program
  reasonably designed to increase the participation of [minority and]
  women-owned businesses in public contracts awarded by the
  authority, and if the program is established, the board shall
  provide a plan to assist [minority and] women-owned businesses in
  the area served by the authority to achieve the purposes of the
  program. If the board establishes a [an overall minority and]
  women-owned business contract percentage goal as a part of the
  program, the goal may not exceed the capability of the [minority
  and] women-owned businesses in the area served by the authority to
  perform the number and type of contracts awarded by the authority,
  as determined by a qualified, independent source.
         (c)  This section does not affect Sections 451.110 and
  451.111, but prospective bidders may be required to meet uniform
  standards designed to assure a reasonable degree of participation
  by [minority and] women-owned businesses in the performance of any
  contract.
         (d)  In this section, "women-owned[:
               [(1)  "Minority" includes blacks, Hispanics, Asian
  Americans, American Indians, and Alaska natives.
               [(2)  "Minority business" means a business concern more
  than 50 percent of which is owned and controlled in management and
  daily operations by members of one or more minorities.
               [(3)  "Women-owned] business" means a business concern
  more than 50 percent of which is owned and controlled in management
  and daily operations by one or more women.
         SECTION 2.24.  Section 451.353(b), Transportation Code, is
  amended to read as follows:
         (b)  A revenue bond indenture may limit a power of the
  authority provided by Sections 451.054-451.060, 451.061(a) or (b),  
  451.064-451.068 [451.064-451.069], or 451.107(a)[, or 451.251] as
  long as the bonds issued under the indenture are outstanding.
         SECTION 2.25.  The heading to Section 452.201,
  Transportation Code, is amended to read as follows:
         Sec. 452.201.  [MINORITY AND] WOMEN-OWNED BUSINESS PROGRAM
  IN CERTAIN AUTHORITIES.
         SECTION 2.26.  Sections 452.201(a), (b), (d), and (e),
  Transportation Code, are amended to read as follows:
         (a)  An authority consisting of one subregion governed by a
  subregional board created under Subchapter O  may establish a
  program reasonably designed to increase the participation of
  [minority and] women-owned business enterprises in contracts
  awarded by the authority.  If the program is established, the board
  shall provide a program outlining acceptable assistance to be given
  [minority and] women-owned business enterprises in the area served
  by the authority to achieve the purposes of the program.
         (b)  An overall [minority and] women-owned business
  enterprise contract percentage goal may be established as a part of
  the program only after reasonable consultation with affected
  organizations and a qualified independent source and after public
  comment.  In establishing a goal, the authority shall consider the
  various types of construction contracts the authority expects to
  award and the effect of market conditions on the feasibility of
  attaining the goals.
         (d)  This section does not affect Sections 452.106, 452.107,
  and 452.108(a) and (b), but prospective bidders may be required to
  meet uniform standards designed to assure a reasonable degree of
  participation by [minority and] women-owned business enterprises
  in the performance of any contract.
         (e)  In this section, "women-owned[:
               [(1)  "Minority" includes blacks, Hispanics, Asian
  Americans, American Indians, and Alaska natives.
               [(2)  "Minority business enterprise" means a small
  business concern at least 51 percent of which is owned and
  controlled in management and daily operations by members of one or
  more minorities.
               [(3)  "Women-owned] business enterprise" means a small
  business concern at least 51 percent of which is owned and
  controlled in management and daily operations by one or more women.
         SECTION 2.27.  The following laws are repealed:
               (1)  Sections 381.004(a)(2) and (3), Local Government
  Code; and
               (2)  Section 161.131, Natural Resources Code.
         SECTION 2.28.  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.  (a) Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2023.
         (b)  The section of this Act repealing Section 51.803(k),
  Education Code, takes effect January 1, 2024.
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