By Talton                                             H.B. No. 2386
         76R3203 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to discrimination or preferential treatment by the state
 1-3     or a political subdivision of the state because of race, color,
 1-4     sex, ethnicity, or national origin.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 106.001, Civil Practice and Remedies
 1-7     Code, is amended by adding Subsection (c) to read as follows:
 1-8           (c)  The state or a political subdivision of the state may
 1-9     not discriminate against, or grant preferential treatment to, any
1-10     individual or  group on the basis of race, color, sex, ethnicity,
1-11     or national origin in the operation of public employment, public
1-12     education, and public contracting.  This section does not:
1-13                 (1)  prohibit bona fide occupational-based gender
1-14     qualifications that are reasonably necessary to the normal
1-15     operations of a particular governmental activity; or
1-16                 (2)  prohibit action that must be taken to establish or
1-17     maintain eligibility for a federal program if ineligibility would
1-18     result in a loss of federal funds.
1-19           SECTION 2.  The heading to Chapter 106, Civil Practice and
1-20     Remedies Code, is amended to read as follows:
1-21        CHAPTER 106. DISCRIMINATION OR PREFERENTIAL TREATMENT BECAUSE
1-22        OF RACE, RELIGION, COLOR, SEX, ETHNICITY, OR NATIONAL ORIGIN
1-23           SECTION 3.  (a)  This Act takes effect September 1, 1999.
1-24           (b)  This Act applies only to an act of discrimination that
 2-1     takes place on or after the effective date of this Act.
 2-2           (c)  This Act does not invalidate any court order or consent
 2-3     decree in force on the effective date of this Act.
 2-4           SECTION 4.  The importance of this legislation and the
 2-5     crowded condition of the calendars in both houses create an
 2-6     emergency and an imperative public necessity that the
 2-7     constitutional rule requiring bills to be read on three several
 2-8     days in each house be suspended, and this rule is hereby suspended.