By: Schoolcraft H.B. No. 1280

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting governmental discriminatory practices as well as submissions and trainings that could lead to discriminatory treatment of individuals because of personal identity characteristics including an individual's race, color, ethnicity, sex, national origin or religion and the establishment of remedies and penalties for discriminatory treatment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. SHORT TITLE

SECTION 1. This Act may be cited as the Texas Government Anti-discrimination act of 2025.

SECTION 2 - TEXAS GOVERNMENT CODE Texas Government Code, Title 1, is amended by adding Chapter 3 to read as follows:

CHAPTER 3. PROHIBITED DISCRIMINATORY PRACTICES

Sec. 3.001. PURPOSE

(1) The purpose of this chapter is to establish the government of the State of Texas as a meritocracy in which all employees receive equal opportunities based on their abilities and efforts without regard to their race, color, ethnicity, sex, national origin or religion.

Sec 3.002 DEFINITIONS. In this chapter:

(1) "Personal identity characteristics" means an individual's race, color, ethnicity, sex, national origin, or religion.

(2) "Prohibited discriminatory practice" means engaging in or maintaining a policy, procedure, practice, program, office, initiative, or required training that, based on an individual's personal identity characteristics:

(a) promotes the differential treatment of an individual;

(b) influences the employment decisions of an individual other than through the use of neutral hiring processes with regard to personal identity characteristics and in accordance with federal law;

(c) influences an individual's admission to, advancement in, or graduation from an institution, the public education system, or an academic program; or

(d) influences an individual's participation in an institution-sponsored or public education system-sponsored program.

(3) "Prohibited discriminatory practice" also means engaging in or maintaining a policy, procedure, practice, program, office, initiative, or required training that:

(a) asserts that one personal identity characteristic is inherently superior or inferior to another personal identity characteristic;

(b) asserts that an individual, by virtue of the individual's personal identity characteristics, is inherently privileged, oppressed, racist, sexist, oppressive, or a victim, whether consciously or unconsciously;

(c) asserts that an individual should be discriminated against in violation of Title VI, Title VII, and Title IX, receive adverse treatment, be advanced, or receive beneficial treatment because of the individual's personal identity characteristics;

(d) asserts that an individual's moral character is determined by the individual's personal identity characteristics;

(e) asserts that an individual, by virtue of the individual's personal identity characteristics, bears responsibility for actions committed in the past by other individuals with the same personal identity characteristics;

(f) asserts that an individual should feel discomfort, guilt, anguish, or other psychological distress solely because of the individual's personal identity characteristics;

(g) asserts that meritocracy is inherently racist or sexist;

(h) asserts that socio-political structures are inherently a series of power relationships and struggles among racial groups;

(i) promotes resentment between, or resentment of, individuals by virtue of their personal identity characteristics;

(j) ascribes values, morals, or ethical codes, privileges, or beliefs to an individual because of the individual's personal identity characteristics;

(k) considers an individual's personal identity characteristics in determining receipt of state financial aid or other state financial assistance, including a scholarship award or tuition waiver.

(4) "Prohibited discriminatory practice" does not include actions, policies or procedures that:

(a) Are required by state or federal law, including laws relating to prohibited discrimination or harassment; or

(b) Relate to athletic competition or athletic safety; or

(c) Relate to personal privacy and accommodate for differences between the two biological sexes.

(d) Relate to a dress code which is otherwise permissible by law.

(e) Prevent disruptive behavior.

(5) "Prohibited submission" means a submission, statement, or document that requires an individual to articulate the individual's position, view, contribution, effort, or experience regarding a policy, program, or initiative that promotes differential treatment based on an individual's personal identity characteristics, as that term is defined herein.

(6) "Prohibited submission" includes a submission, statement, or document that relates to a policy, program, or initiative regarding:

(a) anti-racism;

(b) bias;

(c) critical race theory;

(d) implicit bias;

(e) intersectionality;

(f) prohibited discriminatory practice, as that term is defined herin;

(g) racial privilege.

(7) "Prohibited submission" does not include a submission, statement, or document for an employment position if the submission, statement, or document relates to a bona fide occupational qualification for the position.

(8) "Prohibited training" means a mandatory instructional program and related materials that require employees, prospective employees, students, or prospective students, to attend that promote prohibited discriminatory practices as that term is defined herein.

(9) "Prohibited training" includes an in-person or online seminar, discussion group, workshop, other program, or related materials.

(10) In this chapter, references to an individual include groups of individuals.

(11) "Governmental employer" means any department, division, agency, commission, board, council, committee, authority, municipality, county, political subdivision, school district, institution of higher education or any other institution of the state as well as all individuals employed by or acting on behalf of such employers.

Sec 3.003. PROHIBITED DISCRIMINATORY PRACTICES:

(1) A governmental employer may not:

(a) engage in prohibited discriminatory practices;

(b) establish or maintain an office, division, employment position, or other unit of an institution established to implement, develop, plan, or promote campus policies, procedures, practices, programs, or initiatives, regarding prohibited discriminatory practices; or

(c) employ or assign an employee or a third-party whose duties for an institution include coordinating, creating, developing, designing, implementing, organizing, planning, or promoting policies, programming, training, practices, activities, and procedures relating to prohibited discriminatory practices.

Sec 3.004. PROHIBITED SUBMISSIONS

(1) A governmental employer may not require, request, solicit, or compel a prohibited submission as a certification or condition before taking action with respect to:

(a) employment, including decisions regarding:

(i) hiring;

(ii) terms of employment;

(iii) benefits;

(iv) compensation;

(v) seniority status;

(vi) tenure or continuing status;

(vii) promotion;

(viii) performance reviews;

(ix) transfer;

(x) termination; or

(xi) appointment; or

(b) admissions and aid, including:

(i) admission to any state program or course;

(ii) financial or other forms of state-administered aid or assistance; or

(iii) other benefits from the governmental employer for which an individual is eligible.

(3) A governmental employer may not grant any form of preferential consideration to an individual who, with or without solicitation from the governmental employer, provides a prohibited submission for any action described in Subsection (2).

(4) If federal law requires a governmental employer to accept or require a prohibited submission, the governmental employer:

(a) may accept the prohibited submission only to the extent required under federal law; and

(b) shall limit consideration of the information contained in the prohibited submission to the extent necessary to satisfy the requirement under federal law.

(4) Nothing in this section limits or prohibits a governmental employer's authority to establish policies that are necessary to comply with state or federal law, including laws relating to prohibited discrimination or harassment.

Sec 3.005. PROHIBITED TRAINING

(1) A governmental employer may not require prohibited training.

Sec. 3.006. MANDAMUS; INJUNCTION.

(1) On or after January 1, 2026, a person may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of this chapter by a governmental employer.

(2) The court may assess costs of litigation and reasonable attorney fees incurred by a plaintiff or defendant who substantially prevails in an action under Subsection (a). In exercising its discretion, the court shall consider whether the action was brought in good faith and whether the conduct of the governmental employer had a reasonable basis in law.

(3) The attorney general may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of this chapter by a governmental employer.

(4) A suit filed by the attorney general must be filed in a district court of Travis County or of the county in which the governmental employer is located.

Sec. 3.007. PROHIBITED DISCRIMINATORY PRACTICE; PROHIBITED SUBMISSION; PROHIBITED TRAINING; OFFENSE; PENALTY.

(1) On or after January 1, 2026, a person commits an offense if the person, on behalf of a governmental employer,

(a) knowingly engages in, promotes or facilitates a discriminatory practice; or

(b) knowingly requests or requires a person to produce or provide a prohibited submission; or knowingly conducts, promotes or facilitates a prohibited training.

(2) An offense under Subsection (a) is a misdemeanor punishable by:

(a) a fine of not less than $1,000 or more than $5,000;

(b) confinement in the county jail for not less than one month or more than six months; or

(c) both the fine and confinement.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.