87R414 JSC/KJE/JG-D
 
  By: Bowers, Reynolds, Rose, Sherman, Sr., H.B. No. 392
      Buckley, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to discrimination on the basis of hair texture or
  protective hairstyle associated with race.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 25, Education Code, is
  amended by adding Section 25.902 to read as follows:
         Sec. 25.902.  PROHIBITION ON CERTAIN DISCRIMINATION IN
  STUDENT DRESS OR GROOMING POLICY. (a) In this section, "protective
  hairstyle" includes braids, locks, and twists.
         (b)  Any student dress or grooming policy adopted by a school
  district, including a student dress or grooming policy for any
  extracurricular activity, may not discriminate against a hair
  texture or protective hairstyle commonly or historically
  associated with race.
         SECTION 2.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.979 to read as follows:
         Sec. 51.979.  PROHIBITION ON CERTAIN DISCRIMINATION IN
  STUDENT DRESS OR GROOMING POLICY. (a) In this section:
               (1)  "Institution of higher education" has the meaning
  assigned by Section 61.003.
               (2)  "Protective hairstyle" includes braids, locks,
  and twists.
         (b)  Any student dress or grooming policy adopted by an
  institution of higher education, including a student dress or
  grooming policy for any extracurricular activity, may not
  discriminate against a hair texture or protective hairstyle
  commonly or historically associated with race.
         SECTION 3.  Subchapter C, Chapter 21, Labor Code, is amended
  by adding Section 21.1095 to read as follows:
         Sec. 21.1095.  RACIAL DISCRIMINATION BASED ON HAIR TEXTURE
  OR PROTECTIVE HAIRSTYLE. (a) In this section, "protective
  hairstyle" includes braids, locks, and twists.
         (b)  A provision in this chapter referring to discrimination
  because of race or on the basis of race includes discrimination
  because of or on the basis of an employee's hair texture or
  protective hairstyle commonly or historically associated with
  race.
         (c)  An employer, labor union, or employment agency commits
  an unlawful employment practice if the employer, labor union, or
  employment agency adopts or enforces a dress or grooming policy
  that discriminates against a hair texture or protective hairstyle
  commonly or historically associated with race.
         SECTION 4.  Subchapter A, Chapter 301, Property Code, is
  amended by adding Section 301.0045 to read as follows:
         Sec. 301.0045.  RACIAL DISCRIMINATION BASED ON HAIR TEXTURE
  OR PROTECTIVE HAIRSTYLE. (a) In this section, "protective
  hairstyle" includes braids, locks, and twists.
         (b)  A provision in this chapter, other than a provision in
  Subchapter I, referring to discrimination because of race or on the
  basis of race includes discrimination because of or on the basis of
  a person's hair texture or protective hairstyle commonly or
  historically associated with race.
         SECTION 5.  Section 21.1095, Labor Code, as added by this
  Act, applies only to an unlawful employment practice that occurs on
  or after the effective date of this Act.
         SECTION 6.  Section 301.0045, Property Code, as added by
  this Act, applies only to a discriminatory housing practice that
  occurs on or after the effective date of this Act.
         SECTION 7.  This Act takes effect September 1, 2021.