HBA-ALS H.B. 2386 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2386 By: Talton State Affairs 4/27/1999 Introduced BACKGROUND AND PURPOSE Currently, certain state agencies use workforce diversity points including the race and gender of job applicants when making hiring decisions. These diversity points account for 10 percent of the criteria in determining whether the applicant receives the job. H.B. 2386 prohibits the state or a political subdivision from discriminating against, or granting preferential treatment to any individual on the basis of race, color, sex, ethnicity, or national origin in relation to public employment, public education, and public contracting. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 106.001, Civil Practice and Remedies Code, by adding Subsection (c), to prohibit the state or a political subdivision of the state from discriminating against, or granting preferential treatment to any individual or group on the basis of race, color, sex, ethnicity, or national origin in the operation of public employment, public education, and public contracting. Provides that this section does not prohibit bona fide occupational-based gender qualifications that are reasonably necessary to the normal operations of a particular governmental activity or prohibit action that must be taken to establish or maintain eligibility for a federal program if ineligibility would result in a loss of federal funds. SECTION 2. Amends the heading to Chapter 106, Civil Practice and Remedies Code, as follows: CHAPTER 106. New heading: DISCRIMINATION OR PREFERENTIAL TREATMENT BECAUSE OF RACE, RELIGION, COLOR, SEX, ETHNICITY, OR NATIONAL ORIGIN SECTION 3. (a) Effective date: September 1, 1999. (b) Makes application of this Act prospective. (c) Provides that this Act does not invalidate any court order or consent decree in force on the effective date of this Act. SECTION 4. Emergency clause.