Tinderholt’s Local Diversity Ban Stretches To “Any Related” Idea

The text as introduced · 405 words

89R6399 CS-D

By: Tinderholt
H.B. No. 3427

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a political subdivision to implement

certain diversity, equity, and inclusion policies.

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

SECTION 1. Chapter 180, Local Government Code, is amended

by adding Section 180.011 to read as follows:

Sec. 180.011. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND

INCLUSION POLICIES. (a) In this section, "diversity, equity, and

inclusion policy" means an official policy of a political

subdivision that:

(1) requires, encourages, or otherwise promotes

hiring or employment practices or workforce composition based on

race, sex, color, or ethnicity, other than through the use of

color-blind, race-neutral, and sex-neutral hiring processes in

accordance with any applicable state and federal

antidiscrimination laws;

(2) requires, encourages, or otherwise promotes

differential treatment or the provision of special benefits to

individuals on the basis of race, sex, color, or ethnicity; or

(3) promotes a particular opinion referencing

unconscious or implicit bias, cultural appropriation, allyship,

transgender ideology, microaggressions, group marginalization,

anti-racism, systemic oppression, social justice,

intersectionality, neo-pronouns, heteronormativity, disparate

impact, gender theory, racial or sexual privilege, or any related

formulation of these concepts.

(b) Unless explicitly required by state or federal law, a

political subdivision may not:

(1) adopt or enforce a diversity, equity, and

inclusion policy; or

(2) coerce, compel, or require an employee to attend

or take part in a training based on a diversity, equity, and

inclusion policy.

(c) A person, including the attorney general, may bring an

action to enjoin a violation of Subsection (b) in a district court

in:

(1) Travis County; or

(2) the county in which the principal office of the

political subdivision in which the violation occurs is located.

(d) Any person who substantially prevails in an action under

Subsection (c) is entitled to an award of reasonable attorney's

fees and costs from the political subdivision. Governmental

immunity of a political subdivision to suit and from liability is

waived to the extent of liability created under Subsection (c).

(e) A political subdivision that is determined in an action

under Subsection (c) to have violated Subsection (b) may not

receive state grant funds for the two years following the date of

the determination. The comptroller shall adopt rules to implement

this subsection uniformly among the state agencies from which state

grant funds are distributed to political subdivisions.

SECTION 2. This Act takes effect September 1, 2025.