DEI Ban Counts Asserting A Viewpoint As A Discriminatory Practice

The text as introduced · 1,472 words

By: Schoolcraft
H.B. No. 1280

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting governmental discriminatory practices as

well as submissions and trainings that could lead to discriminatory

treatment of individuals because of personal identity

characteristics including an individual's race, color, ethnicity,

sex, national origin or religion and the establishment of remedies

and penalties for discriminatory treatment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. SHORT TITLE

SECTION 1. This Act may be cited as the Texas Government

Anti-discrimination act of 2025.

SECTION 2 - TEXAS GOVERNMENT CODE Texas Government Code,

Title 1, is amended by adding Chapter 3 to read as follows:

CHAPTER 3. PROHIBITED DISCRIMINATORY PRACTICES

Sec. 3.001. PURPOSE

(1) The purpose of this chapter is to establish the

government of the State of Texas as a meritocracy in which all

employees receive equal opportunities based on their abilities and

efforts without regard to their race, color, ethnicity, sex,

national origin or religion.

Sec 3.002 DEFINITIONS. In this chapter:

(1) "Personal identity characteristics" means an

individual's race, color, ethnicity, sex, national origin, or

religion.

(2) "Prohibited discriminatory practice" means

engaging in or maintaining a policy, procedure, practice, program,

office, initiative, or required training that, based on an

individual's personal identity characteristics:

(a) promotes the differential treatment of an

individual;

(b) influences the employment decisions of an

individual other than through the use of neutral hiring processes

with regard to personal identity characteristics and in accordance

with federal law;

(c) influences an individual's admission to,

advancement in, or graduation from an institution, the public

education system, or an academic program; or

(d) influences an individual's participation in

an institution-sponsored or public education system-sponsored

program.

(3) "Prohibited discriminatory practice" also means

engaging in or maintaining a policy, procedure, practice, program,

office, initiative, or required training that:

(a) asserts that one personal identity

characteristic is inherently superior or inferior to another

personal identity characteristic;

(b) asserts that an individual, by virtue of the

individual's personal identity characteristics, is inherently

privileged, oppressed, racist, sexist, oppressive, or a victim,

whether consciously or unconsciously;

(c) asserts that an individual should be

discriminated against in violation of Title VI, Title VII, and

Title IX, receive adverse treatment, be advanced, or receive

beneficial treatment because of the individual's personal identity

characteristics;

(d) asserts that an individual's moral character

is determined by the individual's personal identity

characteristics;

(e) asserts that an individual, by virtue of the

individual's personal identity characteristics, bears

responsibility for actions committed in the past by other

individuals with the same personal identity characteristics;

(f) asserts that an individual should feel

discomfort, guilt, anguish, or other psychological distress solely

because of the individual's personal identity characteristics;

(g) asserts that meritocracy is inherently

racist or sexist;

(h) asserts that socio-political structures are

inherently a series of power relationships and struggles among

racial groups;

(i) promotes resentment between, or resentment

of, individuals by virtue of their personal identity

characteristics;

(j) ascribes values, morals, or ethical codes,

privileges, or beliefs to an individual because of the individual's

personal identity characteristics;

(k) considers an individual's personal identity

characteristics in determining receipt of state financial aid or

other state financial assistance, including a scholarship award or

tuition waiver.

(4) "Prohibited discriminatory practice" does not

include actions, policies or procedures that:

(a) Are required by state or federal law,

including laws relating to prohibited discrimination or

harassment; or

(b) Relate to athletic competition or athletic

safety; or

(c) Relate to personal privacy and accommodate

for differences between the two biological sexes.

(d) Relate to a dress code which is otherwise

permissible by law.

(e) Prevent disruptive behavior.

(5) "Prohibited submission" means a submission,

statement, or document that requires an individual to articulate

the individual's position, view, contribution, effort, or

experience regarding a policy, program, or initiative that promotes

differential treatment based on an individual's personal identity

characteristics, as that term is defined herein.

(6) "Prohibited submission" includes a submission,

statement, or document that relates to a policy, program, or

initiative regarding:

(a) anti-racism;

(b) bias;

(c) critical race theory;

(d) implicit bias;

(e) intersectionality;

(f) prohibited discriminatory practice, as that

term is defined herin;

(g) racial privilege.

(7) "Prohibited submission" does not include a

submission, statement, or document for an employment position if

the submission, statement, or document relates to a bona fide

occupational qualification for the position.

(8) "Prohibited training" means a mandatory

instructional program and related materials that require

employees, prospective employees, students, or prospective

students, to attend that promote prohibited discriminatory

practices as that term is defined herein.

(9) "Prohibited training" includes an in-person or

online seminar, discussion group, workshop, other program, or

related materials.

(10) In this chapter, references to an individual

include groups of individuals.

(11) "Governmental employer" means any department,

division, agency, commission, board, council, committee,

authority, municipality, county, political subdivision, school

district, institution of higher education or any other institution

of the state as well as all individuals employed by or acting on

behalf of such employers.

Sec 3.003. PROHIBITED DISCRIMINATORY PRACTICES:

(1) A governmental employer may not:

(a) engage in prohibited discriminatory

practices;

(b) establish or maintain an office, division,

employment position, or other unit of an institution established to

implement, develop, plan, or promote campus policies, procedures,

practices, programs, or initiatives, regarding prohibited

discriminatory practices; or

(c) employ or assign an employee or a third-party

whose duties for an institution include coordinating, creating,

developing, designing, implementing, organizing, planning, or

promoting policies, programming, training, practices, activities,

and procedures relating to prohibited discriminatory practices.

Sec 3.004. PROHIBITED SUBMISSIONS

(1) A governmental employer may not require, request,

solicit, or compel a prohibited submission as a certification or

condition before taking action with respect to:

(a) employment, including decisions regarding:

(i) hiring;

(ii) terms of employment;

(iii) benefits;

(iv) compensation;

(v) seniority status;

(vi) tenure or continuing status;

(vii) promotion;

(viii) performance reviews;

(ix) transfer;

(x) termination; or

(xi) appointment; or

(b) admissions and aid, including:

(i) admission to any state program or

course;

(ii) financial or other forms of

state-administered aid or assistance; or

(iii) other benefits from the governmental

employer for which an individual is eligible.

(3) A governmental employer may not grant any form of

preferential consideration to an individual who, with or without

solicitation from the governmental employer, provides a prohibited

submission for any action described in Subsection (2).

(4) If federal law requires a governmental employer to

accept or require a prohibited submission, the governmental

employer:

(a) may accept the prohibited submission only to

the extent required under federal law; and

(b) shall limit consideration of the information

contained in the prohibited submission to the extent necessary to

satisfy the requirement under federal law.

(4) Nothing in this section limits or prohibits a

governmental employer's authority to establish policies that are

necessary to comply with state or federal law, including laws

relating to prohibited discrimination or harassment.

Sec 3.005. PROHIBITED TRAINING

(1) A governmental employer may not require prohibited

training.

Sec. 3.006. MANDAMUS; INJUNCTION.

(1) On or after January 1, 2026, a person may bring an

action by mandamus or injunction to stop, prevent, or reverse a

violation or threatened violation of this chapter by a governmental

employer.

(2) The court may assess costs of litigation and

reasonable attorney fees incurred by a plaintiff or defendant who

substantially prevails in an action under Subsection (a). In

exercising its discretion, the court shall consider whether the

action was brought in good faith and whether the conduct of the

governmental employer had a reasonable basis in law.

(3) The attorney general may bring an action by

mandamus or injunction to stop, prevent, or reverse a violation or

threatened violation of this chapter by a governmental employer.

(4) A suit filed by the attorney general must be filed

in a district court of Travis County or of the county in which the

governmental employer is located.

Sec. 3.007. PROHIBITED DISCRIMINATORY PRACTICE; PROHIBITED

SUBMISSION; PROHIBITED TRAINING; OFFENSE; PENALTY.

(1) On or after January 1, 2026, a person commits an

offense if the person, on behalf of a governmental employer,

(a) knowingly engages in, promotes or

facilitates a discriminatory practice; or

(b) knowingly requests or requires a person to

produce or provide a prohibited submission; or knowingly conducts,

promotes or facilitates a prohibited training.

(2) An offense under Subsection (a) is a misdemeanor

punishable by:

(a) a fine of not less than $1,000 or more than

$5,000;

(b) confinement in the county jail for not less

than one month or more than six months; or

(c) both the fine and confinement.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.