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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal diversity, equity, and inclusion |
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initiatives. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 5, Local Government Code, is |
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amended by adding Chapter 148 to read as follows: |
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CHAPTER 148. PROHIBITION ON MUNICIPAL DIVERSITY, EQUITY, AND |
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INCLUSION INITIATIVES |
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Sec. 148.001. DEFINITIONS. In this chapter: |
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(1) "Diversity, equity, and inclusion initiative" |
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means an initiative that: |
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(A) is based on the belief that identity |
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classifications are central to understanding social, professional, |
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and political disparities; |
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(B) requires, encourages, or otherwise promotes |
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organizational practices such as employee hiring and promotion, |
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resource allocation, or policy formulation to achieve proportional |
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representation of identity classification groups or to eliminate |
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perceived systemic differences between them; or |
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(C) otherwise promotes discriminatory treatment |
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of a person on the basis of the person's identity classification. |
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(2) "Identity classification" means a classification |
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of a person based on the race, color, religion, national origin, or |
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ethnicity of the person. |
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Sec. 148.002. PROHIBITION ON MUNICIPAL SPENDING OF PUBLIC |
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MONEY ON DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. Except as |
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required by federal law, a municipality may not spend public money |
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or provide compensation in any manner to directly or indirectly: |
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(1) fund a department, program, or committee, or pay |
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compensation to a person associated with a department, program, or |
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committee, that is focused on formulating, promoting, or |
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implementing a diversity, equity, and inclusion initiative; |
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(2) hire or contract with an independent vendor or |
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contractor to formulate, promote, or implement a diversity, equity, |
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and inclusion initiative; |
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(3) promote an event, meeting, or club that excludes |
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the participation of a person on the basis of the person's identity |
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classification or that advocates for the preferential treatment of |
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the person on the basis of the person's identity classification; |
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(4) require or encourage an employee of the |
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municipality to participate in a workforce training or professional |
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development training that promotes a diversity, equity, and |
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inclusion initiative; |
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(5) provide funding to enable an employee or a member |
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of the governing body of the municipality to attend a conference |
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that promotes or teaches a diversity, equity, and inclusion |
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initiative; |
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(6) provide funding to a business, nonprofit |
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organization, association, or other similar organization if that |
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organization: |
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(A) excludes the participation of a person in the |
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organization on the basis of the person's identity classification; |
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or |
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(B) advocates for the preferential treatment of a |
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person on the basis of the person's identity classification; |
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(7) provide funding to an education scholarship |
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program that: |
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(A) promotes a diversity, equity, and inclusion |
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initiative; |
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(B) awards a scholarship to a recipient on the |
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basis of the person's identity classification; or |
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(C) advocates for the preferential treatment of a |
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person on the basis of the person's identity classification; |
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(8) provide funding for the development or promotion |
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of a film, advertisement, or other media that promotes a diversity, |
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equity, and inclusion initiative, or that is made for the benefit of |
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a certain identity classification group; or |
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(9) promote or seek to implement a diversity, equity, |
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and inclusion initiative when working with a business or other |
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organization whose purpose is to provide or attract economic |
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development or tourism to the municipality. |
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Sec. 148.003. DIVERSITY, EQUITY, AND INCLUSION INITIATIVES |
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AFFECTING MUNICIPAL OFFICERS AND EMPLOYEES. (a) To the maximum |
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extent permitted by law, the governing body of a municipality shall |
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promote, encourage, and implement policies that: |
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(1) avoid explicitly considering an identity |
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classification in organizational decision making such as employee |
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hiring and promotion, resource allocation, or policy formulation; |
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and |
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(2) rely on consideration of individual merit in |
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organizational decision making such as employee hiring and |
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promotion, resource allocation, or policy formulation. |
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(b) Except as required by federal law, the governing body of |
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a municipality may not: |
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(1) adopt or enforce an ordinance, regulation, or |
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other measure that: |
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(A) implements or advocates for a diversity, |
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equity, and inclusion initiative; or |
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(B) seeks to discriminate on the basis of |
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identity classification to attempt to rectify past wrongs; |
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(2) discriminate on the basis of identity |
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classification in adopting or implementing organizational |
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disciplinary procedures; or |
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(3) use alternative discipline practices, including |
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restorative practices, to address conflict or wrongdoing in the |
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workplace. |
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Sec. 148.004. ENFORCEMENT. (a) In this section: |
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(1) "No-new-revenue tax rate" means the |
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no-new-revenue tax rate calculated under Chapter 26, Tax Code. |
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(2) "Tax year" has the meaning assigned by Section |
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1.04, Tax Code. |
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(b) The attorney general may bring an action to enjoin a |
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violation under this chapter in a district court in: |
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(1) Travis County; or |
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(2) the county of the municipality in which the |
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violation occurs. |
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(c) Notwithstanding any other law, if it is determined in an |
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action under Subsection (b) that a municipality has violated a |
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provision of this chapter, the municipality may not adopt an ad |
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valorem tax rate that exceeds the municipality's no-new-revenue tax |
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rate for the three tax years that begin on or after the date of the |
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determination. |
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(d) A municipality that is determined in an action under |
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Subsection (b) to have violated this chapter may not receive state |
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grant funds for a period of two years following the date of the |
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determination. The comptroller shall adopt rules to implement this |
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subsection uniformly among the state agencies from which state |
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grant funds are distributed to municipalities. |
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SECTION 2. This Act takes effect September 1, 2025. |