88R3294 SCP/KBB-D
 
  By: Cain H.B. No. 5140
 
 
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition against the consideration of race or
ethnicity as a factor in governmental employment or contracting, in
other governmental functions, and in higher education admissions.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PROHIBITIONS AGAINST CONSIDERING RACE OR ETHNICITY AS A
FACTOR IN GOVERNMENTAL EMPLOYMENT OR CONTRACTING, IN OTHER
GOVERNMENTAL FUNCTIONS, AND IN HIGHER EDUCATION ADMISSIONS
       SECTION 1.01.  Section 51.805, Education Code, is amended by
adding Subsection (b-1) to read as follows:
       (b-1)  A general academic teaching institution may not
consider an applicant's race or ethnicity as a factor in making
admissions decisions.
       SECTION 1.02.  Section 51.808, Education Code, is amended by
adding Subsection (b-1) to read as follows:
       (b-1)  A general academic teaching institution or medical
and dental unit may not adopt a policy under this section under
which the institution may consider an applicant's race or ethnicity
as a factor in making admissions decisions.
       SECTION 1.03.  Chapter 1, Government Code, is amended by
adding Section 1.004 to read as follows:
       Sec. 1.004.  PROHIBITION AGAINST CONSIDERATION OF RACE OR
ETHNICITY IN CERTAIN GOVERNMENTAL FUNCTIONS. (a) In this section,
"state agency" means a board, commission, council, committee,
department, office, agency, or other governmental entity in the
executive, legislative, or judicial branch of state government.
The term includes an institution of higher education as defined by
Section 61.003, Education Code.
       (b)  Notwithstanding any other law, a state agency, state
officer, or political subdivision may not consider the race or
ethnicity of:
             (1)  an applicant for employment as a factor in making
hiring decisions;
             (2)  a contractor or vendor responding to a contract
solicitation as a factor in awarding the contract; and
             (3)  any other person with regard to whom the state
agency, state officer, or political subdivision makes a decision
that affects the person as a factor in making that decision.
ARTICLE 2. CONFORMING AMENDMENTS
       SECTION 2.01.  Section 12.029, Agriculture Code, is amended
to read as follows:
       Sec. 12.029.  [MINORITY AND] FEMALE-OWNED BUSINESS
CONTRACTS. (a) The department shall establish by rule policies to
encourage [minority and] female-owned small businesses to bid for
contract and open market purchases of the department and to assist
those businesses in that bidding.  The department shall review the
policies periodically to correct any deficiencies in the policies.
       (b)  The department annually shall determine the number,
types, and value of contracts awarded to [minority and]
female-owned small businesses in the year preceding the
determination and the ratio of the number and the value of those
contracts to the number and the value of all contracts awarded by
the department in that year.
       (d)  In this section, "[minority and] female-owned small
business" means a business enterprise:
             (1)  that is independently owned and operated, that was
formed for the purpose of making a profit, and that has fewer than
100 employees and less than $1 million in annual gross receipts; and
             (2)  that is controlled by one or more socially and
economically disadvantaged persons who own at least 51 percent of
the business enterprise and are socially disadvantaged because they
are [of their identification as members of certain groups,
including] women[, black Americans, Mexican Americans and other
Americans of Hispanic origin, Asian Americans, and American
Indians].
       SECTION 2.02.  Section 5.102, Alcoholic Beverage Code, is
amended to read as follows:
       Sec. 5.102.  RECRUITMENT. For the purpose of providing
adequate personnel for all job positions in the commission, the
commission shall:
             (1)  develop a recruiting program that identifies
underrepresentation with the commission and focuses on recruiting
women [different ethnic, racial, or gender groups] for job
categories in which underrepresentation occurs; and


Statutes affected:
Introduced: Education Code 51.805, Education Code 51.808, Agriculture Code 12.029, Alcoholic Beverage Code 5.102, Education Code 54.0515, Education Code 55.03, Government Code 72.041, Government Code 651.009, Government Code 2161.001, Government Code 2161.061, Government Code 2161.125, Health and Safety Code 93.002, Local Government Code 318.003, Local Government Code 351.1035, Local Government Code 375.003, Local Government Code 381.004, Occupations Code 901.659, Tax Code 311.0101, Transportation Code 284.007, Transportation Code 431.109, Transportation Code 451.251, Transportation Code 451.252, Transportation Code 451.253, Transportation Code 451.353, Transportation Code 452.201, Education Code 161.131 (Transportation Code 452, Education Code 161, Transportation Code 431, Local Government Code 381, Local Government Code 351, Health and Safety Code 93, Local Government Code 318, Tax Code 311, Government Code 2161, Education Code 51, Agriculture Code 12, Transportation Code 284, Education Code 54, Education Code 55, Government Code 651, Occupations Code 901, Government Code 72, Local Government Code 375, Alcoholic Beverage Code 5, Transportation Code 451)