Bill Bars DEI Statements And Training As A Job Condition

The text as introduced · 861 words

89R1904 RDS-D

By: Leo Wilson
H.B. No. 436

A BILL TO BE ENTITLED

AN ACT

relating to the requirement by certain governmental entities for

diversity, equity, and inclusion statements and training from

employees, prospective employees, and contractors.

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 STATEMENTS OR TRAINING

CONCERNING DIVERSITY, EQUITY, AND INCLUSION

Sec. 621.001. DEFINITION. In this chapter, "governmental

entity" means:

(1) a department, commission, board, office, or other

agency that is in the executive branch of state government and that

was created by the constitution or a statute, other than an

institution of higher education as defined by Section 61.003,

Education Code;

(2) the legislature or a legislative agency;

(3) the supreme court, the court of criminal appeals,

a court of appeals, a district court, or the Texas Judicial Council

or another agency in the judicial branch of state government;

(4) a county, municipality, special purpose district,

including a school district, or any other political subdivision of

this state; or

(5) an open-enrollment charter school established

under Subchapter D, Chapter 12, Education Code.

Sec. 621.002. RESPONSIBILITY OF GOVERNMENTAL ENTITY

REGARDING STATEMENTS OR TRAINING CONCERNING DIVERSITY, EQUITY, AND

INCLUSION. (a) A governmental entity shall ensure that each unit

of the entity:

(1) does not, except as required by federal law:

(A) compel, require, induce, or solicit any

employee or applicant for employment to provide a diversity,

equity, and inclusion statement or give preferential consideration

to any employee or applicant for employment based on the provision

of a diversity, equity, and inclusion statement; or

(B) require as a condition of hiring or continued

employment any employee or applicant for employment 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 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;

(3) an activity of a student organization registered

with or recognized by a school district or open-enrollment charter

school;

(4) guest speakers or performers on short-term

engagements;

(5) a program or activity to enhance student academic

achievement or postgraduate outcomes that allows participation

without regard to race, sex, color, or ethnicity; or

(6) data collection.

(c) An employee of or applicant for employment with a

governmental entity who is required to participate in training in

violation of Subsection (a)(1)(B) may bring an action against the

entity for injunctive and declaratory relief.

SECTION 2. Subchapter Z, Chapter 2252, Government Code, is

amended by adding Section 2252.911 to read as follows:

Sec. 2252.911. PROHIBITED CONSIDERATION OF CERTAIN

DIVERSITY, EQUITY, AND INCLUSION CRITERIA. (a) In this section,

"governmental entity" has the meaning assigned by Section 2252.001,

except that the term does not include an institution of higher

education as defined by Section 61.003, Education Code.

(b) Notwithstanding any other law, a governmental entity

may not require as a condition for bidding on a contract, consider

in awarding a contract, or include as a requirement in a contract,

that a person:

(1) provide a diversity, equity, and inclusion

statement; or

(2) participate in diversity, equity, and inclusion

training, which:

(A) includes a training, program, or activity

designed or implemented in reference to race, color, ethnicity,

gender identity, or sexual orientation; and

(B) does not include a training, program, or

activity developed for the purpose of ensuring compliance with any

applicable federal law.

(c) Subsection (b) may not be construed to apply to data

collection.

(d) A person who is not awarded a contract or has a contract

terminated with a governmental entity on the basis of a diversity,

equity, and inclusion statement or training prohibited by

Subsection (b) may bring an action against the entity for

injunctive and declaratory relief.

SECTION 3. Section 2252.911, Government Code, as added by

this Act, applies only to a contract for which the request for bids

or proposals or other applicable expression of interest is made

public on or after the effective date of this Act. A contract for

which the request for bids or proposals or other applicable

expression of interest is made public before the effective date of

this Act is governed by the law in effect on the date the request or

other expression of interest is made public, and the former law is

continued in effect for that purpose.

SECTION 4. 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.