1-1  By:  Sims, Ellis                                      S.B. No. 1069
    1-2        (In the Senate - Filed March 9, 1995; March 14, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 11, 1995, reported favorably by the following vote:  Yeas 13,
    1-5  Nays 0; April 11, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to including a multiracial classification on all forms
    1-9  requesting information on racial identification and providing for
   1-10  reporting racial information to federal agencies.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Chapter 2051, Government Code, is amended by
   1-13  adding Subchapter D to read as follows:
   1-14       SUBCHAPTER D.  REQUESTING RACIAL OR ETHNIC IDENTIFICATION
   1-15        Sec. 2051.101.  DEFINITIONS.  In this chapter:
   1-16              (1)  "Multiracial" means having parents of different
   1-17  races.
   1-18              (2)  "State agency" means a department, board,
   1-19  commission, committee, or other agency in any branch of state
   1-20  government.
   1-21        Sec. 2051.102.  MULTIRACIAL CLASSIFICATION REQUIRED.  A form,
   1-22  application, questionnaire, or other document or material produced
   1-23  by or for or used by any state agency or political subdivision that
   1-24  requests information on the racial or ethnic identification of a
   1-25  person and that contains a list of racial and ethnic
   1-26  classifications from which a person must select one must include
   1-27  among the choices a multiracial classification.
   1-28        Sec. 2051.103.  FEDERAL REQUIREMENTS.  Whenever it is
   1-29  required that racial information collected by a state agency or
   1-30  political subdivision be reported to a federal agency, the
   1-31  computation of the number of persons classified on forms or other
   1-32  documents as multiracial shall be reported by the agency or
   1-33  political subdivision under the multiracial classification.
   1-34  However, if the federal agency considers the multiracial
   1-35  classification unacceptable, the reporting state agency or
   1-36  political subdivision shall, on resubmission of the information,
   1-37  reclassify the multiracial population by allocating a percentage of
   1-38  the number of persons composing that population to each federally
   1-39  acceptable racial or ethnic classification at the same percentage
   1-40  that the classification comprises in the general population of the
   1-41  collected group.
   1-42        SECTION 2.  Chapter 2, Education Code, is amended by adding
   1-43  Section 2.13 to read as follows:
   1-44        Sec. 2.13.  MULTIRACIAL CLASSIFICATION REQUIRED.  (a)  In
   1-45  this section, "multiracial" means having parents of different
   1-46  races.
   1-47        (b)  A form, application, questionnaire, or other document or
   1-48  material produced by or for or used by any public school district
   1-49  or state institution of higher education that requests information
   1-50  on the racial or ethnic identification of a person and that
   1-51  contains a list of racial and ethnic classifications from which a
   1-52  person must select one must include among the choices a multiracial
   1-53  classification.
   1-54        (c)  Whenever it is required that racial information
   1-55  collected by a public school district or state institution of
   1-56  higher education be reported to a federal agency, the computation
   1-57  of the number of persons classified on forms or other documents as
   1-58  multiracial shall be reported by the public school district or
   1-59  state institution of higher education under the multiracial
   1-60  classification.  However, if the federal agency considers the
   1-61  multiracial classification unacceptable, the reporting public
   1-62  school district or state institution of higher education shall, on
   1-63  resubmission of the information, reclassify the multiracial
   1-64  population by allocating a percentage of the number of persons
   1-65  composing that population to each federally acceptable racial or
   1-66  ethnic classification at the same percentage that the
   1-67  classification comprises in the general population of the collected
   1-68  group.
    2-1        SECTION 3.  Chapter 52, Labor Code, is amended by adding
    2-2  Subchapter G to read as follows:
    2-3       SUBCHAPTER G.  REQUESTING RACIAL OR ETHNIC IDENTIFICATION
    2-4        Sec. 52.061.  DEFINITION. In this subchapter, "multiracial"
    2-5  means having parents of different races.
    2-6        Sec. 52.062.  MULTIRACIAL CLASSIFICATION REQUESTED.  A form,
    2-7  application, questionnaire, or other document or material produced
    2-8  by or for or used by any person employing labor in this state that
    2-9  requests information on the racial or ethnic identification of an
   2-10  employee and that contains a list of racial and ethnic
   2-11  classifications from which the employee must select one should
   2-12  include among the choices a multiracial classification.
   2-13        Sec. 52.063.  CAUSE OF ACTION NOT CREATED.  The failure of a
   2-14  person to comply with this subchapter does not create any civil
   2-15  cause of action.
   2-16        Sec. 52.064.  FEDERAL REQUIREMENTS.  Whenever it is required
   2-17  that racial information collected by a person subject to this
   2-18  subchapter be reported to a federal agency and the federal agency
   2-19  considers reporting under the multiracial classification
   2-20  unacceptable, the person subject to this subchapter shall report
   2-21  the information in the manner acceptable to the federal agency.
   2-22        SECTION 4.  This Act takes effect September 1, 1995, but the
   2-23  requirements of Subchapter D, Chapter 2051, Government Code;
   2-24  Section 2.13, Education Code; and Subchapter G, Chapter 52, Labor
   2-25  Code, as added by this Act, apply only to forms, applications,
   2-26  questionnaires, and other documents or materials used after January
   2-27  1, 1996.  In addition, all documents and materials printed and in
   2-28  stock on January 1, 1996, that include the racial classification
   2-29  "other" may be used after that date and the stock depleted before
   2-30  reordering documents and materials that comply with this Act.
   2-31        SECTION 5.  The importance of this legislation and the
   2-32  crowded condition of the calendars in both houses create an
   2-33  emergency and an imperative public necessity that the
   2-34  constitutional rule requiring bills to be read on three several
   2-35  days in each house be suspended, and this rule is hereby suspended.
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