79R12 MCK-D

By:  Brown of Brazos                                              H.B. No. 589



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting state agencies from collecting or storing 
racial information.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle B, Title 10, Government Code, is 
amended by adding Chapter 2059 to read as follows:
	CHAPTER 2059.  RACIAL INFORMATION
	Sec. 2059.001.  DEFINITION.  In this chapter, "state agency" 
means a department, commission, board, office, or other agency in 
the executive branch of state government created by the 
constitution or a statute of this state, including a university 
system and its components and an institution of higher education as 
defined by Section 61.003, Education Code.
	Sec. 2059.002.  COLLECTION OR STORAGE OF RACIAL INFORMATION 
PROHIBITED.  Except as otherwise provided by this chapter, a state 
agency may not collect or store information relating to an 
individual's race, ethnicity, color, or national origin.
	Sec. 2059.003.  EXCEPTION:  LAW ENFORCEMENT AND CRIMINAL 
JUSTICE.  A law enforcement  or criminal justice agency may collect, 
store, and use in otherwise lawful ways information relating to an 
individual's race, ethnicity, color, or national origin to the 
extent necessary to accomplish the agency's law enforcement or 
criminal justice duties.
	Sec. 2059.004.  EXCEPTION:  HEALTH CARE.  A state agency that 
provides medical or public health services may collect and store 
information relating to an individual's race, ethnicity, color, or 
national origin if use of the information may be necessary to:
		(1)  provide better treatment for or prevent 
occurrences of a disease or disorder; or
		(2)  perform medical research designed to provide 
better treatment for or prevent occurrences of a disease or 
disorder.
	Sec. 2059.005.  EXCEPTION:  COMPLYING WITH FEDERAL LAW.  A 
state agency may collect and store information relating to an 
individual's race, ethnicity, color, or national origin to the 
extent necessary to comply with federal law or to establish or 
maintain eligibility for any federal program, if losing eligibility 
would result in a loss of federal funds to the state.
	Sec. 2059.006.  EXCEPTION:  COURT ORDER.  A state agency may 
collect and store information relating to an individual's race, 
ethnicity, color, or national origin if a consent decree or court 
order that is in force on September 1, 2005, requires the state 
agency to collect and store the information.
	SECTION 2.  Each state agency shall comply with the storage 
requirements of Section 2059.002, Government Code, as added by this 
Act, not later than September 1, 2006.
	SECTION 3.  This Act takes effect September 1, 2005.