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A BILL TO BE ENTITLED
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AN ACT
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relating to the implementation of diversity, equity, and inclusion |
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initiatives by certain governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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by adding Chapter 621 to read as follows: |
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CHAPTER 621. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND |
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INCLUSION INITIATIVES |
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Sec. 621.001. DEFINITIONS. In this chapter: |
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(1) "Diversity, equity, and inclusion office" means an |
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office, division, or other unit of a governmental entity |
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established for the purpose of: |
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(A) influencing hiring or employment practices |
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at the entity with respect to race, sex, color, or ethnicity, other |
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than through the use of color-blind and sex-neutral hiring |
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processes in accordance with any applicable state and federal |
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antidiscrimination laws; |
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(B) promoting differential treatment or |
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providing special benefits to individuals on the basis of race, |
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sex, color, or ethnicity; |
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(C) promoting policies or procedures designed or |
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implemented in reference to race, color, or ethnicity, other than |
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policies or procedures implemented for the purpose of ensuring |
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compliance with any applicable federal law; or |
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(D) conducting trainings, programs, or |
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activities designed or implemented in reference to race, color, |
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ethnicity, gender identity, or sexual orientation, other than |
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trainings, programs, or activities conducted for the purpose of |
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ensuring compliance with any applicable court order or state or |
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federal law. |
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(2) "Governmental entity" has the meaning assigned by |
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Section 620.001, Government Code, except that the term also |
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includes a school district or open-enrollment charter school. |
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Sec. 621.002. APPLICABILITY OF CHAPTER. This chapter does |
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not apply to an institution of higher education. |
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Sec. 621.003. RESPONSIBILITY OF GOVERNMENTAL ENTITY |
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REGARDING DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. (a) A |
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governmental entity shall ensure that each unit of the entity: |
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(1) does not, except as required by federal law: |
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(A) establish or maintain a diversity, equity, |
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and inclusion office; |
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(B) hire or assign an employee of the entity or |
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contract with a third party to perform the duties of a diversity, |
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equity, and inclusion office; |
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(C) compel, require, induce, or solicit any |
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person to provide a diversity, equity, and inclusion statement or |
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give preferential consideration to any person based on the |
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provision of a diversity, equity, and inclusion statement; |
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(D) give preference on the basis of race, sex, |
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color, ethnicity, or national origin to an applicant for |
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employment, an employee, or a participant in any function of the |
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entity; or |
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(E) require as a condition of employment any |
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person to participate in diversity, equity, and inclusion training, |
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which: |
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(i) includes a training, program, or |
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activity designed or implemented in reference to race, color, |
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ethnicity, gender identity, or sexual orientation; and |
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(ii) does not include a training, program, |
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or activity developed for the purpose of ensuring compliance with |
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any applicable federal law; and |
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(2) adopts policies and procedures for appropriately |
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disciplining, including by termination, an employee or contractor |
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of the entity who engages in conduct in violation of Subdivision |
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(1). |
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(b) Subsection (a)(1) may not be construed to apply to: |
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(1) academic course instruction; |
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(2) scholarly research or a creative work by a school |
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district's or open-enrollment charter school's students or faculty; |
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(3) an activity of a student organization registered |
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with or recognized by a school district or open-enrollment charter |
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school; |
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(4) guest speakers or performers on short-term |
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engagements; |
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(5) a program or activity to enhance student academic |
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achievement or postgraduate outcomes that allows participation |
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without regard to race, sex, color, or ethnicity; or |
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(6) data collection. |
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(c) An employee of a governmental entity who is required to |
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participate in training in violation of Subsection (a)(1)(E) may |
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bring an action against the entity for injunctive and declaratory |
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relief. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |