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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibition of discrimination by governmental entities |
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based on immutable characteristics. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Texas |
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Antidiscrimination Act. |
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SECTION 2. 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 OF DISCRIMINATION BY GOVERNMENTAL |
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ENTITIES BASED ON IMMUTABLE CHARACTERISTICS |
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Sec. 621.001. LEGISLATIVE FINDINGS; PURPOSE. (a) The |
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legislature finds that: |
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(1) Section 3, Article I, Texas Constitution (Equal |
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Protection Clause), provides that "[a]ll freemen, when they form a |
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social compact, have equal rights, and no man, or set of men, is |
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entitled to exclusive separate public emoluments, or privileges, |
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but in consideration of public service;" |
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(2) Section 3a, Article I, Texas Constitution (Equal |
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Rights Amendment), provides that "[e]quality under the law shall |
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not be denied or abridged because of sex, race, color, creed, or |
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national origin;" |
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(3) The Texas Constitution's Equal Rights Amendment |
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was designed expressly to provide protection which supplements the |
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federal guarantees of equal treatment; |
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(4) The Texas Constitution's Equal Rights Amendment is |
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more extensive and provides more specific protection than both the |
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United States and Texas due-process and equal-protection |
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guarantees; and |
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(5) Discrimination by governmental entities is |
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antithetical to the Texas Constitution's Equal Protection Clause |
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and Equal Rights Amendment and lack a rational relationship to a |
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legitimate governmental purpose such that the initiatives violate |
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Texas's Equal Protection Clause and Equal Rights Amendment; and |
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(6) Texans deserve a government committed to serving |
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every person with equal dignity and respect and to expending |
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precious taxpayer resources only on making Texas great for all |
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Texans. |
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(b) The purpose of this act is to prevent the unlawful |
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discrimination that is antithetical to the Texas Constitution's |
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Equal Protection Clause and Equal Rights Amendment. This act does |
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not create any right or benefit, substantive or procedural, |
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enforceable at law or in equity by any party against the |
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governmental entities listed in Section 621.002(2), except as |
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provided by Section 621.004. |
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Sec. 621.002. DEFINITIONS. In this chapter: |
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(a) "Discriminatory office" means an office, division, or |
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other unit of a governmental entity established for the purpose of: |
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(1) influencing hiring or employment practices or |
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workforce composition at the entity with respect to race, sex, |
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color, or ethnicity, other than through the use of color-blind or |
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sex-neutral hiring processes in accordance with any applicable |
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state and federal antidiscrimination laws; |
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(2) promoting differential treatment or providing |
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special benefits to individuals on the basis of race, sex, color, or |
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ethnicity; |
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(3) promoting policies or procedures designed or |
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implemented in reference to race, sex, color, or ethnicity, other |
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than policies or procedures implemented for the sole purpose of |
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ensuring compliance with applicable federal law; |
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(4) conducting trainings, programs, or activities |
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designed or implemented in reference to race, sex, color, or |
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ethnicity, other than trainings, programs, or activities conducted |
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for the sole purpose of ensuring compliance with any applicable |
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court order or federal law; or |
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(5) promoting, as an official position of the entity, |
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a particular opinion referencing unconscious or implicit bias, |
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cultural appropriation, allyship, transgender ideology, |
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microaggressions, group marginalization, anti-racism, systemic |
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oppression, social justice, intersectionality, neo-pronouns, |
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heteronormativity, disparate impact, gender theory, racial or |
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sexual privilege, or any related formulation of these concepts. |
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(b) "Diversity, equity, and inclusion" means: |
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(1) influencing hiring or employment practices with |
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respect to race, sex, color, or ethnicity, other than through the |
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use of color-blind and sex-neutral hiring processes in accordance |
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with any applicable state and federal antidiscrimination laws; |
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(2) promoting differential treatment of or providing |
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special benefits to individuals on the basis of race, sex, color, or |
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ethnicity; |
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(3) promoting policies or procedures designed or |
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implemented in reference to race, sex, color, or ethnicity, other |
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than policies or procedures approved in writing by a respective |
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agency general counsel for the sole purpose of ensuring compliance |
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with any applicable court order or state or federal law; and |
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(4) conducting trainings, programs, or activities |
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designed or implemented in reference to race, sex, color, or |
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ethnicity, other than trainings, programs, or activities developed |
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by an attorney and approved by a respective agency general counsel |
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for the sole purpose of ensuring compliance with any applicable |
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court order or state or federal law. |
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(c) "Governmental entity" means: |
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(1) a state agency, which includes; |
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(A) a department, commission, board, office, or |
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other agency that is in the executive branch of state government and |
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that was created by the constitution or a statute, other than an |
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institution of higher education as defined by Section 61.003, |
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Education Code; |
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(B) the legislature or a legislative state |
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agency; or |
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(C) the supreme court, the court of criminal |
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appeals, a court of appeals, a district court, or the Texas Judicial |
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Council or another agency in the judicial branch of state |
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government; and |
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(2) a political subdivision, which includes: |
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(A) a county, municipality, special purpose |
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district, including a school district, or any other political |
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subdivision of this state; |
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(B) an open-enrollment charter school |
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established under Subchapter D, Chapter 12, Education Code; or |
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(C) any other political subdivision of this state |
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described by Section 2254.021(4), Government Code. |
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Sec. 621.003. DISCRIMINATION BY GOVERNMENTAL ENTITIES |
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PROHIBITED. (a) Notwithstanding any other law, and other than |
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through color-blind, race-neutral, or sex-neutral processes, a |
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governmental entity shall not: |
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(1) establish or maintain a discriminatory office; |
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(2) hire or assign an employee of the entity or |
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contract with a third party to perform the duties of a |
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discriminatory office; |
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(3) compel, require, induce, or solicit any person to |
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provide a discriminatory statement or give preferential |
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consideration to any person based on the provision of a |
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discriminatory statement; |
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(4) give preference on the basis of race, sex, color, |
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or ethnicity to an applicant for employment, an employee, or a |
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participant in any function of the entity; |
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(5) promote or adopt any theory justifying |
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differential treatment based on race, sex, color, or ethnicity; |
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(6) Consider race, sex, color, or ethnicity when |
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making employment, contracting, funding, or policy determinations; |
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(7) require an employee to participate in a diversity, |
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equity, or inclusion program or a discriminatory training, which |
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includes a training, program, or activity designed or implemented |
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in reference to race, sex, color, or ethnicity; |
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(8) spend monies on a diversity, equity, and inclusion |
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program, including to acquire services, supplies, information |
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technology, or goods for a diversity, equity and inclusion program; |
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(9) award a contract or provide preferential or |
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discriminatory treatment to a person submitting a bid for a |
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contract on the basis of race, sex, color, or ethnicity, provided |
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that this prohibition shall only apply to contracts executed or |
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renewed on or after September 1, 2025; or |
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(10) enter into or renew a contract with a contractor |
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or vendor that engages in conduct that would be prohibited by this |
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chapter if done by a governmental entity, provided that this |
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prohibition shall only apply to contracts executed or renewed on or |
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after September 1, 2025. |
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(b) Subsection (a) may not be construed to apply to offering |
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training on sexual harassment or a training, program, or activity |
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developed for the purpose of ensuring compliance with any |
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applicable federal law. |
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(c) A governmental entity shall adopt policies and |
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procedures for appropriately disciplining, including by |
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termination, an employee or contractor of the entity who engages in |
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conduct in violation of Subdivision (a); |
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(d) If a state agency or political subdivision determines |
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that a contractor or vendor has violated this chapter, it shall |
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cancel the contract without penalty. The state agency or political |
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subdivision shall be prohibited from entering into future contracts |
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with the violating contractor or vendor until the entity provides |
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sufficient evidence that the violation has been cured. |
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Sec. 621.004. ENFORCEMENT AGAINST A POLITICAL SUBDIVISION. |
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(a) A person who has a reasonable belief that a political |
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subdivision is violating this chapter may file a complaint with the |
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attorney general. |
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(b) If the attorney general determines that a political |
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subdivision named in a complaint received under Subsection (a) is |
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violating this chapter, the attorney general shall provide written |
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notice of the violation to the political subdivision, and: |
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(1) require the political subdivision to submit a |
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corrective action plan within fourteen days; and |
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(2) designate the political subdivision as |
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noncompliant. |
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(c) Notwithstanding any other law, the comptroller may not |
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distribute to a political subdivision designated as non-compliant |
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any sales and use tax revenue collected under Chapter 321, Tax Code, |
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or mixed beverage tax revenue collected under Chapter 183, Tax |
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Code, that is on deposit in the suspense account of the political |
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subdivision. The funds shall remain in trust and may not be used |
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for any purpose until compliance is restored. Upon compliance with |
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this section the comptroller shall resume distribution of withheld |
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funds to the political subdivision. |
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(d) If a political subdivision does not receive funds under |
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Chapter 321 or Chapter 183, Tax Code, or if a political subdivision |
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fails to timely submit a corrective action plan, the Attorney |
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General may seek declaratory, injunctive, or mandamus relief to |
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compel compliance with this chapter. |
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(e) An action under Subsection (d) must be filed in the |
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county in which the political subdivision is located, and any |
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appeal shall be heard by the Fifteenth Court of Appeals. |
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Sec. 621.005. ENFORCEMENT AGAINST A STATE AGENCY. (a) A |
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state agency that is required to appoint an internal auditor to |
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submit the annual report required by Section 2102.009, Government |
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Code, shall include in its report a description of the state |
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agency's compliance or failure to comply with this chapter. |
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(b) A state agency that is not required to appoint an |
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auditor under Chapter 2102, Government Code, shall appoint an |
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auditor for the specific purpose of reporting annually on the state |
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agency's compliance or failure to comply with this chapter. |
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(c) If a state agency is in compliance with this chapter, |
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the internal auditor shall include in its report an affirmative |
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acknowledgment of compliance with Chapter 621, Government Code. |
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(d) If a state agency is not in compliance with this |
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chapter, the internal auditor shall include in its report a summary |
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of instances of non-compliance and actions taken or planned to be |
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taken to remedy any non-compliance. |
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SECTION 3. 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 September 1, 2025. |