88(4) HB 14 - Introduced version - Bill Text

	88S40073 RDS-D
	By:  Tepper	H.B.  No.  14

Statutes affected:
Introduced: ()

	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