By:  Sims, Ellis                                      S.B. No. 1069
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to including a multiracial classification on all forms
    1-2  requesting information on racial identification and providing for
    1-3  reporting racial information to federal agencies.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 2051, Government Code, is amended by
    1-6  adding Subchapter D to read as follows:
    1-7       SUBCHAPTER D.  REQUESTING RACIAL OR ETHNIC IDENTIFICATION
    1-8        Sec. 2051.101.  DEFINITIONS.  In this chapter:
    1-9              (1)  "Multiracial" means having parents of different
   1-10  races.
   1-11              (2)  "State agency" means a department, board,
   1-12  commission, committee, or other agency in any branch of state
   1-13  government.
   1-14        Sec. 2051.102.  MULTIRACIAL CLASSIFICATION REQUIRED.  A form,
   1-15  application, questionnaire, or other document or material produced
   1-16  by or for or used by any state agency or political subdivision that
   1-17  requests information on the racial or ethnic identification of a
   1-18  person and that contains a list of racial and ethnic
   1-19  classifications from which a person must select one must include
   1-20  among the choices a multiracial classification.
   1-21        Sec. 2051.103.  FEDERAL REQUIREMENTS.  Whenever it is
   1-22  required that racial information collected by a state agency or
   1-23  political subdivision be reported to a federal agency, the
    2-1  computation of the number of persons classified on forms or other
    2-2  documents as multiracial shall be reported by the agency or
    2-3  political subdivision under the multiracial classification.
    2-4  However, if the federal agency considers the multiracial
    2-5  classification unacceptable, the reporting state agency or
    2-6  political subdivision shall, on resubmission of the information,
    2-7  reclassify the multiracial population by allocating a percentage of
    2-8  the number of persons composing that population to each federally
    2-9  acceptable racial or ethnic classification at the same percentage
   2-10  that the classification comprises in the general population of the
   2-11  collected group.
   2-12        SECTION 2.  Chapter 2, Education Code, is amended by adding
   2-13  Section 2.13 to read as follows:
   2-14        Sec. 2.13.  MULTIRACIAL CLASSIFICATION REQUIRED.  (a)  In
   2-15  this section, "multiracial" means having parents of different
   2-16  races.
   2-17        (b)  A form, application, questionnaire, or other document or
   2-18  material produced by or for or used by any public school district
   2-19  or state institution of higher education that requests information
   2-20  on the racial or ethnic identification of a person and that
   2-21  contains a list of racial and ethnic classifications from which a
   2-22  person must select one must include among the choices a multiracial
   2-23  classification.
   2-24        (c)  Whenever it is required that racial information
   2-25  collected by a public school district or state institution of
    3-1  higher education be reported to a federal agency, the computation
    3-2  of the number of persons classified on forms or other documents as
    3-3  multiracial shall be reported by the public school district or
    3-4  state institution of higher education under the multiracial
    3-5  classification.  However, if the federal agency considers the
    3-6  multiracial classification unacceptable, the reporting public
    3-7  school district or state institution of higher education shall, on
    3-8  resubmission of the information, reclassify the multiracial
    3-9  population by allocating a percentage of the number of persons
   3-10  composing that population to each federally acceptable racial or
   3-11  ethnic classification at the same percentage that the
   3-12  classification comprises in the general population of the collected
   3-13  group.
   3-14        SECTION 3.  Chapter 52, Labor Code, is amended by adding
   3-15  Subchapter G to read as follows:
   3-16       SUBCHAPTER G.  REQUESTING RACIAL OR ETHNIC IDENTIFICATION
   3-17        Sec. 52.061.  DEFINITION. In this subchapter, "multiracial"
   3-18  means having parents of different races.
   3-19        Sec. 52.062.  MULTIRACIAL CLASSIFICATION REQUESTED.  A form,
   3-20  application, questionnaire, or other document or material produced
   3-21  by or for or used by any person employing labor in this state that
   3-22  requests information on the racial or ethnic identification of an
   3-23  employee and that contains a list of racial and ethnic
   3-24  classifications from which the employee must select one should
   3-25  include among the choices a multiracial classification.
    4-1        Sec. 52.063.  CAUSE OF ACTION NOT CREATED.  The failure of a
    4-2  person to comply with this subchapter does not create any civil
    4-3  cause of action.
    4-4        Sec. 52.064.  FEDERAL REQUIREMENTS.  Whenever it is required
    4-5  that racial information collected by a person subject to this
    4-6  subchapter be reported to a federal agency and the federal agency
    4-7  considers reporting under the multiracial classification
    4-8  unacceptable, the person subject to this subchapter shall report
    4-9  the information in the manner acceptable to the federal agency.
   4-10        SECTION 4.  This Act takes effect September 1, 1995, but the
   4-11  requirements of Subchapter D, Chapter 2051, Government Code;
   4-12  Section 2.13, Education Code; and Subchapter G, Chapter 52, Labor
   4-13  Code, as added by this Act, apply only to forms, applications,
   4-14  questionnaires, and other documents or materials used after January
   4-15  1, 1996.  In addition, all documents and materials printed and in
   4-16  stock on January 1, 1996, that include the racial classification
   4-17  "other" may be used after that date and the stock depleted before
   4-18  reordering documents and materials that comply with this Act.
   4-19        SECTION 5.  The importance of this legislation and the
   4-20  crowded condition of the calendars in both houses create an
   4-21  emergency and an imperative public necessity that the
   4-22  constitutional rule requiring bills to be read on three several
   4-23  days in each house be suspended, and this rule is hereby suspended.