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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition against affirmative action in |
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governmental employment and in higher education admissions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. PROHIBITION AGAINST AFFIRMATIVE ACTION IN GOVERNMENTAL |
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EMPLOYMENT AND IN HIGHER EDUCATION ADMISSIONS |
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SECTION 1.01. Section 51.805, Education Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A general academic teaching institution may not |
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consider an applicant's race, color, or any other protected |
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characteristic under applicable state or federal law as a factor in |
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making admissions decisions. An applicant may seek any appropriate |
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remedy available under state or federal law for a violation of this |
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subsection. To the extent of any conflict, this subsection |
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prevails over any other law relating to admissions decisions made |
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by a general academic teaching institution. Nothing in this |
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subsection may be construed to impair the enforcement of any |
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applicable state or federal civil rights law. |
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SECTION 1.02. Section 51.808, Education Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A general academic teaching institution or medical |
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and dental unit may not adopt a policy under this section under |
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which the institution may consider an applicant's race, color, or |
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any other protected characteristic under applicable state or |
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federal law as a factor in making admissions decisions. An |
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applicant may seek any appropriate remedy available under state or |
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federal law for a violation of this subsection. To the extent of |
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any conflict, this subsection prevails over any other law relating |
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to admissions decisions made by a general academic teaching |
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institution or medical and dental unit. Nothing in this subsection |
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may be construed to impair the enforcement of any applicable state |
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or federal civil rights law. |
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SECTION 1.03. Chapter 1, Government Code, is amended by |
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adding Section 1.004 to read as follows: |
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Sec. 1.004. PROHIBITION AGAINST AFFIRMATIVE ACTION IN |
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GOVERNMENTAL EMPLOYMENT. (a) In this section: |
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(1) "Employment decision" includes a decision |
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regarding a person's hiring, termination, promotion, demotion, |
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transfer, conditions of employment, or wages. |
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(2) "Government agency" has the meaning assigned by |
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Section 110.001, Civil Practice and Remedies Code. |
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(b) Notwithstanding any other law, a government agency may |
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not consider the race, color, or any other protected characteristic |
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under applicable state or federal law of a person as a factor in |
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making an employment decision regarding the person. |
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(c) A person may seek any appropriate remedy available under |
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state or federal law for a violation of this section. |
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(d) To the extent of any conflict, this section prevails |
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over any other law relating to an employment decision made by a |
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government agency. |
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(e) Nothing in this section may be construed to impair the |
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application or enforcement of any applicable state or federal civil |
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rights law. |
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ARTICLE 2. CONFORMING AMENDMENTS |
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SECTION 2.01. Section 901.659, Occupations Code, is amended |
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to read as follows: |
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Sec. 901.659. [MINORITY AND] DISADVANTAGED STUDENT |
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INTERNSHIPS. (a) The board shall adopt rules to encourage |
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internships for [minority and] disadvantaged students and |
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certified public accountant examination candidates who notify the |
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board not later than 90 days after the date of being accepted into |
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an accounting internship program. |
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(b) The rules adopted by the board shall include standards |
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for appropriate recognition of an accounting firm for its efforts |
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in training and hiring [minority or] disadvantaged students. |
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SECTION 2.02. Section 51.803(k), Education Code, is |
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repealed. |
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ARTICLE 3. TRANSITION AND EFFECTIVE DATE |
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SECTION 3.01. The change in law made by this Act to |
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Subchapter U, Chapter 51, Education Code, applies beginning with |
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admissions to a general academic teaching institution for the |
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2024-2025 academic year. Admissions for an academic period |
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preceding that academic year are covered by the law in effect |
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immediately before the effective date of this Act, and the prior law |
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is continued in effect for that purpose. |
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SECTION 3.02. This Act takes effect September 1, 2023. |