By Ellis S.B. No. 851 75R2533 JRD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to including a multiracial classification on all forms 1-3 requesting information on racial identification and providing for 1-4 reporting racial information to federal agencies. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 2051, Government Code, is amended by 1-7 adding Subchapter D to read as follows: 1-8 SUBCHAPTER D. REQUESTING RACIAL OR ETHNIC IDENTIFICATION 1-9 Sec. 2051.101. DEFINITIONS. In this chapter: 1-10 (1) "Multiracial" means having parents of different 1-11 races. 1-12 (2) "State agency" means a department, board, 1-13 commission, committee, or other agency in any branch of state 1-14 government. 1-15 Sec. 2051.102. MULTIRACIAL CLASSIFICATION REQUIRED. A form, 1-16 application, questionnaire, or other document or material produced 1-17 by or for or used by any state agency or political subdivision that 1-18 requests information on the racial or ethnic identification of a 1-19 person and that contains a list of racial and ethnic 1-20 classifications from which a person must select one must include 1-21 among the choices a multiracial classification. 1-22 Sec. 2051.103. FEDERAL REQUIREMENTS. Whenever it is 1-23 required that racial information collected by a state agency or 1-24 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 composes in the general population of the 2-11 collected group. 2-12 SECTION 2. Chapter 1, Education Code, is amended by adding 2-13 Section 1.004 to read as follows: 2-14 Sec. 1.004. 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 2-26 higher education be reported to a federal agency, the computation 2-27 of the number of persons classified on forms or other documents as 3-1 multiracial shall be reported by the public school district or 3-2 state institution of higher education under the multiracial 3-3 classification. However, if the federal agency considers the 3-4 multiracial classification unacceptable, the reporting public 3-5 school district or state institution of higher education shall, on 3-6 resubmission of the information, reclassify the multiracial 3-7 population by allocating a percentage of the number of persons 3-8 composing that population to each federally acceptable racial or 3-9 ethnic classification at the same percentage that the 3-10 classification composes in the general population of the collected 3-11 group. 3-12 SECTION 3. Chapter 52, Labor Code, is amended by adding 3-13 Subchapter G to read as follows: 3-14 SUBCHAPTER G. REQUESTING RACIAL OR ETHNIC IDENTIFICATION 3-15 Sec. 52.061. DEFINITION. In this subchapter, "multiracial" 3-16 means having parents of different races. 3-17 Sec. 52.062. MULTIRACIAL CLASSIFICATION REQUESTED. A form, 3-18 application, questionnaire, or other document or material produced 3-19 by or for or used by any person employing labor in this state that 3-20 requests information on the racial or ethnic identification of an 3-21 employee and that contains a list of racial and ethnic 3-22 classifications from which the employee must select one should 3-23 include among the choices a multiracial classification. 3-24 Sec. 52.063. CAUSE OF ACTION NOT CREATED. The failure of a 3-25 person to comply with this subchapter does not create any civil 3-26 cause of action. 3-27 Sec. 52.064. FEDERAL REQUIREMENTS. Whenever it is required 4-1 that racial information collected by a person subject to this 4-2 subchapter be reported to a federal agency and the federal agency 4-3 considers reporting under the multiracial classification 4-4 unacceptable, the person subject to this subchapter shall report 4-5 the information in the manner acceptable to the federal agency. 4-6 SECTION 4. This Act takes effect September 1, 1997, but the 4-7 requirements of Subchapter D, Chapter 2051, Government Code; 4-8 Section 1.004, Education Code; and Subchapter G, Chapter 52, Labor 4-9 Code, as added by this Act, apply only to forms, applications, 4-10 questionnaires, and other documents or materials used after January 4-11 1, 1998. In addition, all documents and materials printed and in 4-12 stock on January 1, 1998, that do not include a multiracial 4-13 classification may be used after that date and the stock depleted 4-14 before documents and materials that comply with this Act are 4-15 ordered. 4-16 SECTION 5. The importance of this legislation and the 4-17 crowded condition of the calendars in both houses create an 4-18 emergency and an imperative public necessity that the 4-19 constitutional rule requiring bills to be read on three several 4-20 days in each house be suspended, and this rule is hereby suspended.