Campbell Bill Strips Diversity Requirements From About Thirty Provisions

The text as introduced · 2,466 words

89R16458 CS-F

By: Campbell
S.B. No. 2369

A BILL TO BE ENTITLED

AN ACT

relating to provisions of state law requiring diversity.

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

SECTION 1. Section 5.102, Alcoholic Beverage Code, is

amended to read as follows:

Sec. 5.102. RECRUITMENT. For the purpose of providing

adequate personnel for all job positions in the commission, the

commission shall[ :

[ (1) ] develop a recruiting program that identifies

applicants that have the background and experience suitable for

performing the responsibilities of the applicable job position with

the commission [ underrepresentation with the commission and

focuses on recruiting different ethnic, racial, or gender groups

for job categories in which underrepresentation occurs; and

[ (2) require that all applicants be reviewed by the

human resources division to ensure consideration of

underrepresented ethnic, racial, or gender groups ].

SECTION 2. Section 12.015(b), Education Code, is amended to

read as follows:

(b) The membership of the charter commission must reflect

the [ racial, ethnic, socioeconomic, and ] geographic diversity of

the district. A majority of the members appointed to the commission

must be parents of school-age children attending public school. At

least 25 percent of the commission must be classroom teachers

selected by the representatives of the professional staff pursuant

to Section 11.251(e).

SECTION 3. Sections 21.004(a) and (c), Education Code, are

amended to read as follows:

(a) To the extent that funds are available, the agency, the

State Board for Educator Certification, and the Texas Higher

Education Coordinating Board shall develop and implement programs

to identify talented students and recruit those students and

persons, including high school and undergraduate students,

mid-career and retired professionals, and honorably discharged and

retired military personnel [ , and members of underrepresented

gender and ethnic groups ], into the teaching profession.

(c) The commissioner, in cooperation with the commissioner

of higher education and the executive director of the State Board

for Educator Certification, shall annually identify the need for

teachers in specific subject areas and geographic regions [ and

among underrepresented groups ]. The commissioner shall give

priority to developing and implementing recruitment programs to

address those needs from the agency's discretionary funds.

SECTION 4. Section 51.4032, Education Code, is amended to

read as follows:

Sec. 51.4032. ANNUAL REPORT OF PARTICIPATION IN HIGHER

EDUCATION. Not later than December 1 of each year and in the form

prescribed by the coordinating board, each general academic

teaching institution and medical and dental unit as defined in

Section 61.003 shall provide to the Texas Higher Education

Coordinating Board and shall publish on the institution's website a

report describing the composition of the institution's entering

class of students. The report must include a demographic breakdown

of the class, including a breakdown by race, ethnicity, economic

status, and high school class standing. A report submitted by a

general academic teaching institution or medical and dental unit as

defined in Section 61.003 must include separate demographic

breakdowns of the students admitted under Sections 51.803, 51.804,

and 51.805 [ and a description of any plans, policies, or programs

developed or implemented by the institution to recruit and retain

students from underrepresented groups such as racial or ethnic

minority groups ].

SECTION 5. Section 264.2041, Family Code, is amended to

read as follows:

Sec. 264.2041. CULTURAL AWARENESS. The department shall:

(1) develop and deliver cultural competency training

to all service delivery staff;

(2) increase targeted recruitment efforts for foster

and adoptive families who can meet the needs of children and youth

who are waiting for permanent homes; and

(3) [ target recruitment efforts to ensure diversity

among department staff; and

[ (4) ] develop collaborative partnerships with

community groups, agencies, faith-based organizations, and other

community organizations to provide culturally competent services

to children and families of every race and ethnicity.

SECTION 6. Section 264.502(d), Family Code, is amended to

read as follows:

(d) Members selected under Subsection (b) must reflect the

geographical [ , cultural, racial, and ethnic ] diversity of the

state.

SECTION 7. Section 157.051(c), Government Code, is amended

to read as follows:

(c) Members shall be appointed without regard to race,

color, disability, sex, religion, age, or national origin. The

membership of the advisory board must reflect the geographical [ and

cultural ] diversity of the state.

SECTION 8. Section 403.1042(f), Government Code, is amended

to read as follows:

(f) An individual or entity authorized to make an

appointment to the advisory committee created under this section :

(1) shall attempt to appoint persons who represent the

[ gender composition, minority populations, and ] geographic regions

of the state ; and

(2) may not consider a person's race, color,

disability, sex, religion, age, or national origin when making an

appointment to the committee .

SECTION 9. Section 403.503(d), Government Code, is amended

to read as follows:

(d) In making appointments under Subsection (b), the

governor, lieutenant governor, speaker of the house of

representatives, and attorney general shall coordinate to ensure

that the membership of the council reflects, to the extent

possible, the [ ethnic and ] geographic diversity of this state.

SECTION 10. Section 444.023(b), Government Code, is amended

to read as follows:

(b) The commission may appoint consultants to the

commission. In appointing consultants, the commission shall

attempt to achieve representation from each geographic area of the

state without consideration of the consultant's race, color,

disability, sex, religion, age, or national origin [ and from the

various racial and ethnic groups present in the state ].

SECTION 11. Section 444.024(c), Government Code, is amended

to read as follows:

(c) The commission by rule shall adopt equitable procedures

for the distribution of grants to recipients :

(1) without regard to the race, color, disability,

sex, religion, age, or national origin of the recipients; and

(2) who reflect the geographical [ , cultural, and

ethnic ] diversity of this state [ the state's population ].

SECTION 12. Section 467.035(c), Government Code, is amended

to read as follows:

(c) In employing the executive director and other

employees, the commission may not consider a person's [ shall strive

to reflect the diversity of the population of the state as regards ]

race, color, disability [ handicap ], sex, religion, age, or [ and ]

national origin.

SECTION 13. Section 482.606(b), Government Code, is amended

to read as follows:

(b) In making appointments under Subsection (a), the

governor, the lieutenant governor, and the speaker of the house of

representatives, respectively, shall:

(1) prioritize appointing individuals with experience

in:

(A) aeronautics;

(B) space economic development; and

(C) academic engagement with the space economy;

and

(2) ensure that the appointments reflect, to the

extent possible, the [ ethnic and ] geographic diversity of this

state.

SECTION 14. Section 651.009(a), Government Code, is amended

to read as follows:

(a) In each case in which the governing body of a state

board, commission, or other state agency that has statewide

jurisdiction is appointed by the governor or another appointing

authority, the governor or appointing authority shall ensure that,

to the extent possible, the membership of the governing body

reflects the [ racial, ethnic, and ] geographic diversity of this

state.

SECTION 15. Section 2166.404(c), Government Code, is

amended to read as follows:

(c) The Industry Advisory Committee is composed of nine

members who are Texas residents appointed by the commission. Three

members must be nursery-product growers, three members must be

turf-growers, and three members must be landscape contractors. The

commission shall make appointments from a list of recommendations

submitted to the commission by the Texas Association of Nurserymen

for the nursery-product-grower positions, the Texas Turf

Association for the turf-grower positions, and the Texas

Association of Landscape Contractors for the landscape-contractor

positions. Appointments are for staggered three-year terms

arranged so that one person from each group is appointed each year.

Appointments to the committee shall be made without regard to a

person's race, color, disability, sex, religion, age, or national

origin [ The appointments to the committee must reflect this state's

gender and ethnic diversity ].

SECTION 16. Section 2306.027(b), Government Code, is

amended to read as follows:

(b) Appointments to the board shall be made without regard

to the race, color, disability, sex, religion, age, or national

origin of the appointees and shall be made in a manner that produces

representation on the board of the different geographical regions

of this state. Appointments to the board must broadly reflect the

geographic [ , economic, cultural, and social ] diversity of the

state [ , including ethnic minorities, persons with disabilities,

and women ].

SECTION 17. Section 2308.255(b), Government Code, is

amended to read as follows:

(b) The appointments must:

(1) be consistent with the local government agreement

and applicable federal and state law; and

(2) reflect the [ ethnic and ] geographic diversity of

the workforce development area.

SECTION 18. Section 40.022(b), Human Resources Code, is

amended to read as follows:

(b) Appointments to the council shall be made so that each

geographic area of the state is represented on the council.

[ Notwithstanding Subsection (a), appointments to the council must

reflect the ethnic diversity of this state. ]

SECTION 19. Section 102.101(c), Health and Safety Code, is

amended to read as follows:

(c) The members of the oversight committee must represent

the geographic [ and cultural ] diversity of the state.

SECTION 20. Section 534.003(c), Health and Safety Code, is

amended to read as follows:

(c) When the center is established, the governing bodies

shall enter into a contract that stipulates the number of board

members and the group from which the members are chosen. They may

renegotiate or amend the contract as necessary to change the:

(1) method of choosing the members; or

(2) membership of the board of trustees to more

accurately reflect the [ ethnic and ] geographic diversity of the

local service area.

SECTION 21. Section 534.004(b), Health and Safety Code, is

amended to read as follows:

(b) The local agency or organizational combination of local

agencies that appoints the board of trustees shall, in appointing

the members, attempt to reflect the [ ethnic and ] geographic

diversity of the local service area the community center serves.

The local agency or organizational combination shall include on the

board of trustees one or more persons otherwise qualified under

this chapter who are consumers of the types of services the center

provides or who are family members of consumers of the types of

services the center provides.

SECTION 22. Section 672.002(g), Health and Safety Code, is

amended to read as follows:

(g) Members selected under Subsection (e) must reflect the

geographical [ , cultural, racial, ethnic, and gender ] diversity of

the county or counties represented.

SECTION 23. Section 674.002(c), Health and Safety Code, is

amended to read as follows:

(c) A review team must be composed of [ culturally diverse ]

members representing multiple disciplines, including professionals

and representatives of agencies that provide services or community

resources for families in the community and community

representatives. The review team may include:

(1) a physician, including a pediatrician, an

obstetrician, or a physician practicing in another relevant

specialty;

(2) a registered nurse;

(3) a certified nurse-midwife or licensed midwife;

(4) a county attorney or a designee of a county

attorney;

(5) a representative of a school district;

(6) a representative of the local health department;

(7) a forensic pathologist;

(8) a mental health professional;

(9) a representative from a local hospital;

(10) a local registrar of births and deaths;

(11) a person working in a supervisory position in

local administration of the state Medicaid program;

(12) a person working with local implementation of the

Special Supplemental Nutrition Program for Women, Infants, and

Children;

(13) an educator;

(14) a pastoral counselor;

(15) a member of the health committee of a chamber of

commerce; and

(16) other community representatives.

SECTION 24. Section 318.003(a), Local Government Code, is

amended to read as follows:

(a) The commission must be composed of at least seven

residents of the county. Members of the commission must be

individuals who broadly reflect the [ age, ethnic, and ] geographic

diversity of the county.

SECTION 25. Section 901.654, Occupations Code, is amended

by amending Subsection (b) and adding Subsection (c) to read as

follows:

(b) In determining what best promotes the public purpose,

the board shall consider at a minimum the following factors

relating to each person applying for a scholarship under this

section:

(1) financial need; and

(2) [ ethnic or racial minority status; and

[ (3) ] scholastic ability and performance in at least

15 hours of upper-level accounting coursework.

(c) In determining what best promotes the public purpose,

the board may not consider the race, color, disability, sex,

religion, age, or national origin of the applicant.

SECTION 26. Section 901.659(a), Occupations Code, is

amended to read as follows:

(a) The board shall adopt rules to encourage internships for

[ minority and disadvantaged ] students and certified public

accountant examination candidates who notify the board not later

than 90 days after the date of being accepted into an accounting

internship program.

SECTION 27. Section 901.660(b), Occupations Code, is

amended to read as follows:

(b) The report expenses shall be included in the

administrative costs allocated to the board under Section 901.155.

The report must include [ :

[ (1) ] the number and amount of scholarships awarded in

the two calendar years preceding the year in which the report is due

[ ; and

[ (2) the number of minority students, by racial or

ethnic background, who have been awarded scholarships under the

program in that two-year period ].

SECTION 28. Section 2022.052(b), Occupations Code, is

amended to read as follows:

(b) The commission shall employ the executive director and

other employees without [ to reflect the diversity of the state's

population with ] regard to race, color, disability, sex, religion,

age, and national origin.

SECTION 29. Section 201.9025(a), Transportation Code, is

amended to read as follows:

(a) The Texas Department of Transportation Bicycle Advisory

Committee shall advise and make recommendations to the commission

on the development of bicycle tourism trails in this state.

Recommendations on bicycle tourism trails developed under this

section:

(1) shall be made in consultation with the Parks and

Wildlife Commission and the Texas Economic Development and Tourism

Office;

(2) shall reflect the geography, scenery, and history

[ , and cultural diversity ] of this state;

(3) shall maximize federal and private sources of

funding for the designation, construction, improvement,

maintenance, and signage of the trails and the promotion of bicycle

tourism; and

(4) may include multiuse trails to accommodate

equestrians, pedestrians, and other nonmotorized trail users when

practicable.

SECTION 30. The following provisions of law are repealed:

(1) Section 72.041, Government Code; and

(2) Sections 603.051(b) and 901.659(b), Occupations

Code.

SECTION 31. This Act takes effect September 1, 2025.