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A BILL TO BE ENTITLED
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AN ACT
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relating to the implementation of diversity, equity, and inclusion |
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initiatives by certain governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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by adding Chapter 621 to read as follows: |
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CHAPTER 621. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND |
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INCLUSION INITIATIVES |
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Sec. 621.001. DEFINITIONS. In this chapter: |
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(1) "Diversity, equity, and inclusion office" means an |
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office, division, or other unit of a governmental entity |
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established for the purpose of: |
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(A) influencing hiring or employment practices |
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or workforce composition at the entity with respect to race, sex, |
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color, or ethnicity, other than through the use of color-blind, |
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race-neutral, and sex-neutral hiring processes in accordance with |
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any applicable state and federal antidiscrimination laws; |
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(B) promoting differential treatment or |
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providing special benefits to individuals on the basis of race, |
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sex, color, or ethnicity; |
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(C) promoting policies or procedures designed or |
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implemented in reference to race, sex, color, or ethnicity, other |
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than policies or procedures: |
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(i) approved in writing by the attorney |
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general; and |
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(ii) implemented for the sole purpose of |
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ensuring compliance with any applicable federal law; |
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(D) conducting trainings, programs, or |
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activities designed or implemented in reference to race, sex, |
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color, ethnicity, gender identity, or sexual orientation, other |
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than trainings, programs, or activities: |
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(i) developed by an attorney; |
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(ii) approved in writing by the attorney |
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general; and |
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(iii) conducted for the sole purpose of |
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ensuring compliance with any applicable court order or state or |
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federal law; or |
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(E) promoting, as an official position of the |
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entity, a particular opinion referencing unconscious or implicit |
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bias, cultural appropriation, allyship, transgender ideology, |
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microaggressions, group marginalization, anti-racism, systemic |
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oppression, social justice, intersectionality, neo-pronouns, |
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heteronormativity, disparate impact, gender theory, racial or |
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sexual privilege, or any related formulation of the these concepts. |
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(2) "Governmental entity" means: |
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(A) a department, commission, board, office, or |
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other agency that is in the executive branch of state government and |
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that was created by the constitution or a statute, other than an |
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institution of higher education as defined by Section 61.003, |
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Education Code; |
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(B) the legislature or a legislative state |
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agency; |
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(C) the supreme court, the court of criminal |
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appeals, a court of appeals, a district court, or the Texas Judicial |
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Council or another agency in the judicial branch of state |
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government; |
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(D) a county, municipality, special purpose |
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district, including a school district, or any other political |
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subdivision of this state; or |
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(E) an open-enrollment charter school |
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established under Subchapter D, Chapter 12, Education Code. |
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Sec. 621.002. RESPONSIBILITY OF GOVERNMENTAL ENTITY |
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REGARDING DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. A |
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governmental entity shall ensure that each unit of the entity does |
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not, except as required by federal law: |
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(1) establish or maintain a diversity, equity, and |
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inclusion office; or |
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(2) hire or assign an employee of the entity or |
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contract with a third party to perform the duties of a diversity, |
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equity, and inclusion office. |
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Sec. 621.003. COMPLAINT; ENFORCEMENT. (a) A person who has |
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a reasonable belief that a governmental entity is violating this |
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chapter may file a complaint with the attorney general. |
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(b) If the attorney general determines that a governmental |
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entity named in a complaint received under Subsection (a) is |
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violating this chapter, the attorney general may file a petition |
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for a writ of mandamus to compel the governmental entity to comply |
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with this chapter. |
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(c) A mandamus action under Subsection (b) must be filed in: |
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(1) Travis County, if the governmental entity is an |
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entity described by Section 621.001(2)(A)-(C); or |
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(2) the county in which the governmental entity is |
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located, if the governmental entity is an entity described by |
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Section 621.001(2)(D) or (E). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |