| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the implementation of diversity, equity, and inclusion |
|
|
initiatives by certain governmental entities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle A, Title 6, Government Code, is amended |
|
|
by adding Chapter 621 to read as follows: |
|
|
CHAPTER 621. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND |
|
|
INCLUSION INITIATIVES |
|
|
Sec. 621.001. DEFINITIONS. In this chapter: |
|
|
(1) "Diversity, equity, and inclusion office" means an |
|
|
office, division, or other unit of a governmental entity |
|
|
established for the purpose of: |
|
|
(A) influencing hiring or employment practices |
|
|
at the entity with respect to race, sex, color, or ethnicity, other |
|
|
than through the use of color-blind and sex-neutral hiring |
|
|
processes in accordance with any applicable state and federal |
|
|
antidiscrimination laws; |
|
|
(B) promoting differential treatment or |
|
|
providing special benefits to individuals on the basis of race, |
|
|
sex, color, or ethnicity; |
|
|
(C) promoting policies or procedures designed or |
|
|
implemented in reference to race, color, or ethnicity, other than |
|
|
policies or procedures implemented for the purpose of ensuring |
|
|
compliance with any applicable federal law; or |
|
|
(D) conducting trainings, programs, or |
|
|
activities designed or implemented in reference to race, color, |
|
|
ethnicity, gender identity, or sexual orientation, other than |
|
|
trainings, programs, or activities conducted for the purpose of |
|
|
ensuring compliance with any applicable court order or state or |
|
|
federal law. |
|
|
(2) "Governmental entity" has the meaning assigned by |
|
|
Section 620.001, Government Code, except that the term also |
|
|
includes a school district or open-enrollment charter school. |
|
|
Sec. 621.002. APPLICABILITY OF CHAPTER. This chapter does |
|
|
not apply to an institution of higher education. |
|
|
Sec. 621.003. RESPONSIBILITY OF GOVERNMENTAL ENTITY |
|
|
REGARDING DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. (a) A |
|
|
governmental entity shall ensure that each unit of the entity: |
|
|
(1) does not, except as required by federal law: |
|
|
(A) establish or maintain a diversity, equity, |
|
|
and inclusion office; |
|
|
(B) hire or assign an employee of the entity or |
|
|
contract with a third party to perform the duties of a diversity, |
|
|
equity, and inclusion office; |
|
|
(C) compel, require, induce, or solicit any |
|
|
person to provide a diversity, equity, and inclusion statement or |
|
|
give preferential consideration to any person based on the |
|
|
provision of a diversity, equity, and inclusion statement; |
|
|
(D) give preference on the basis of race, sex, |
|
|
color, ethnicity, or national origin to an applicant for |
|
|
employment, an employee, or a participant in any function of the |
|
|
entity; or |
|
|
(E) require as a condition of employment any |
|
|
person to participate in diversity, equity, and inclusion training, |
|
|
which: |
|
|
(i) includes a training, program, or |
|
|
activity designed or implemented in reference to race, color, |
|
|
ethnicity, gender identity, or sexual orientation; and |
|
|
(ii) does not include a training, program, |
|
|
or activity developed for the purpose of ensuring compliance with |
|
|
any applicable federal law; and |
|
|
(2) adopts policies and procedures for appropriately |
|
|
disciplining, including by termination, an employee or contractor |
|
|
of the entity who engages in conduct in violation of Subdivision |
|
|
(1). |
|
|
(b) Subsection (a)(1) may not be construed to apply to: |
|
|
(1) academic course instruction; |
|
|
(2) scholarly research or a creative work by a school |
|
|
district's or open-enrollment charter school's students or faculty; |
Statutes affected:
Introduced: ()