1-1 By: Ellis S.B. No. 851 1-2 (In the Senate - Filed February 27, 1997; March 5, 1997, read 1-3 first time and referred to Committee on State Affairs; 1-4 April 11, 1997, reported favorably by the following vote: Yeas 13, 1-5 Nays 0; April 11, 1997, 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 composes in the general population of the 1-41 collected group. 1-42 SECTION 2. Chapter 1, Education Code, is amended by adding 1-43 Section 1.004 to read as follows: 1-44 Sec. 1.004. 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 2-1 composing that population to each federally acceptable racial or 2-2 ethnic classification at the same percentage that the 2-3 classification composes in the general population of the collected 2-4 group. 2-5 SECTION 3. Chapter 52, Labor Code, is amended by adding 2-6 Subchapter G to read as follows: 2-7 SUBCHAPTER G. REQUESTING RACIAL OR ETHNIC IDENTIFICATION 2-8 Sec. 52.061. DEFINITION. In this subchapter, "multiracial" 2-9 means having parents of different races. 2-10 Sec. 52.062. MULTIRACIAL CLASSIFICATION REQUESTED. A form, 2-11 application, questionnaire, or other document or material produced 2-12 by or for or used by any person employing labor in this state that 2-13 requests information on the racial or ethnic identification of an 2-14 employee and that contains a list of racial and ethnic 2-15 classifications from which the employee must select one should 2-16 include among the choices a multiracial classification. 2-17 Sec. 52.063. CAUSE OF ACTION NOT CREATED. The failure of a 2-18 person to comply with this subchapter does not create any civil 2-19 cause of action. 2-20 Sec. 52.064. FEDERAL REQUIREMENTS. Whenever it is required 2-21 that racial information collected by a person subject to this 2-22 subchapter be reported to a federal agency and the federal agency 2-23 considers reporting under the multiracial classification 2-24 unacceptable, the person subject to this subchapter shall report 2-25 the information in the manner acceptable to the federal agency. 2-26 SECTION 4. This Act takes effect September 1, 1997, but the 2-27 requirements of Subchapter D, Chapter 2051, Government Code; 2-28 Section 1.004, Education Code; and Subchapter G, Chapter 52, Labor 2-29 Code, as added by this Act, apply only to forms, applications, 2-30 questionnaires, and other documents or materials used after January 2-31 1, 1998. In addition, all documents and materials printed and in 2-32 stock on January 1, 1998, that do not include a multiracial 2-33 classification may be used after that date and the stock depleted 2-34 before documents and materials that comply with this Act are 2-35 ordered. 2-36 SECTION 5. The importance of this legislation and the 2-37 crowded condition of the calendars in both houses create an 2-38 emergency and an imperative public necessity that the 2-39 constitutional rule requiring bills to be read on three several 2-40 days in each house be suspended, and this rule is hereby suspended. 2-41 * * * * *