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.
2-36 * * * * *