| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of a political subdivision to implement |
|
|
certain diversity, equity, and inclusion policies. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 180, Local Government Code, is amended |
|
|
by adding Section 180.011 to read as follows: |
|
|
Sec. 180.011. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND |
|
|
INCLUSION POLICIES. (a) In this section, "diversity, equity, and |
|
|
inclusion policy" means an official policy of a political |
|
|
subdivision that: |
|
|
(1) requires, encourages, or otherwise promotes |
|
|
hiring or employment practices or workforce composition based on |
|
|
race, sex, color, or ethnicity, other than through the use of |
|
|
color-blind, race-neutral, and sex-neutral hiring processes in |
|
|
accordance with any applicable state and federal |
|
|
antidiscrimination laws; |
|
|
(2) requires, encourages, or otherwise promotes |
|
|
differential treatment or the provision of special benefits to |
|
|
individuals on the basis of race, sex, color, or ethnicity; or |
|
|
(3) promotes a particular opinion referencing |
|
|
unconscious or implicit bias, cultural appropriation, allyship, |
|
|
transgender ideology, microaggressions, group marginalization, |
|
|
anti-racism, systemic oppression, social justice, |
|
|
intersectionality, neo-pronouns, heteronormativity, disparate |
|
|
impact, gender theory, racial or sexual privilege, or any related |
|
|
formulation of these concepts. |
|
|
(b) Unless explicitly required by state or federal law, a |
|
|
political subdivision may not: |
|
|
(1) adopt or enforce a diversity, equity, and |
|
|
inclusion policy; or |
|
|
(2) coerce, compel, or require an employee to attend |
|
|
or take part in a training based on a diversity, equity, and |
|
|
inclusion policy. |
|
|
(c) A person, including the attorney general, may bring an |
|
|
action to enjoin a violation of Subsection (b) in a district court |
|
|
in: |
|
|
(1) Travis County; or |
|
|
(2) the county in which the principal office of the |
|
|
political subdivision in which the violation occurs is located. |
|
|
(d) Any person who substantially prevails in an action under |
|
|
Subsection (c) is entitled to an award of reasonable attorney's |
|
|
fees and costs from the political subdivision. Governmental |
|
|
immunity of a political subdivision to suit and from liability is |
|
|
waived to the extent of liability created under Subsection (c). |
|
|
(e) A political subdivision that is determined in an action |
|
|
under Subsection (c) to have violated Subsection (b) may not |
|
|
receive state grant funds for the two years following the date of |
|
|
the determination. The comptroller shall adopt rules to implement |
|
|
this subsection uniformly among the state agencies from which state |
|
|
grant funds are distributed to political subdivisions. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |