HB167 - Relating to the implementation of diversity, equity, and inclusion initiatives and certain prohibited considerations in contracting by governmental entities.

  89R477 RDS-D     By: Tepper H.B. No. 167       A BILL TO BE ENTITLED   AN ACT   relating to the implementation of diversity, equity, and inclusion   initiatives and certain prohibited considerations in contracting   by governmental entities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. TITLE          SECTION 1.01.  This Act may be cited as the Ending   Institutional Racism Act.   ARTICLE 2. PROHIBITED DIVERSITY, EQUITY, AND INCLUSION INITIATIVES   BY GOVERNMENTAL ENTITIES          SECTION 2.01.  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   SUBCHAPTER A.   GENERAL PROVISIONS           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" means:                       (A)     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;                       (B)     the legislature or a legislative state   agency;                       (C)     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;                       (D)     a county, municipality, special purpose   district, including a school district, or any other political   subdivision of this state; or                       (E)     an open-enrollment charter school   established under Subchapter D, Chapter 12, Education Code.   SUBCHAPTER B.   DIVERSITY, EQUITY, AND INCLUSION INITIATIVES           Sec.   621.051.     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   (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.   SUBCHAPTER C. LIABILITY FOR CERTAIN DIVERSITY, EQUITY, AND   INCLUSION INITIATIVES           Sec.   621.101.     LIABILITY FOR CERTAIN INITIATIVES. The   following individuals may bring an action against a governmental   entity that violates Section 621.051:                 (1)  an employee of the governmental entity; or                 (2)     an individual who resides in an area served by the   governmental entity.           Sec.   621.102.     REMEDIES. (a)   A claimant is entitled to   recover in an action brought under this chapter:                 (1)  declaratory and injunctive relief; and                 (2)  costs and reasonable attorney's fees.           (b)     If the court finds an action brought under this chapter   to be frivolous, a governmental entity is entitled to recover costs   and reasonable attorney's fees.           Sec.   621.103.     IMMUNITY WAIVER. The sovereign immunity of   this state and governmental immunity of a political subdivision to   suit and from liability is waived to the extent of the liability   created by this chapter.           Sec.   621.104.     NOTICE. A governmental entity is entitled to   receive notice of a claim against it under this chapter not later   than 90 days before the date a claimant files an action under this   chapter.   The notice must reasonably describe a specific action of   the governmental entity that is the basis for the claim against it.           Sec.   621.105.     VENUE. (a)   Notwithstanding any other law,   including Chapter 15, Civil Practice and Remedies Code, and except   as provided by Subsection (b), a claimant may bring an action under   this chapter in a county in which the governmental entity is   located.           (b)     A claimant must bring an action under this chapter in   Travis County if the governmental entity is:                 (1)     an agency, board, commission, department, or   office that is in the executive branch of state government;                 (2)  the legislature or a legislative state agency; or                 (3)     the supreme court, the court of criminal appeals,   the Texas Judicial Council, or another agency in the judicial   branch of state government.           (c)     If the action is brought in a venue authorized by this   section, the action may not be transferred to a different venue   without the written consent of all parties.   ARTICLE 3. PROHIBITION ON CERTAIN CONSIDERATIONS IN CONTRACTING          SECTION 3.01.  Subchapter Z, Chapter 2252, Government Code,   is amended by adding Section 2252.911 to read as follows:           Sec.   2252.911.     PROHIBITED CONSIDERATIONS IN CONTRACTING.   (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 award a contract or provide preferential treatment to a   person submitting a bid for a contract on the basis of race, color,   ethnicity, sex, gender identity, or sexual orientation.          SECTION 3.02.  Section 106.001(c), Civil Practice and   Remedies Code, is amended to read as follows:          (c)  This section does not prohibit the adoption of a program   designed to increase the participation of businesses owned and   controlled by [ women, minorities, or ] disadvantaged persons in   public contract awards.          SECTION 3.03.  Section 2161.001(3), Government Code, is   amended to read as follows:                (3)  "Economically disadvantaged person" means a   person who:                      (A)  is economically disadvantaged because of the   person's status [ identification ] as a veteran  [ member of a certain   group, including:                            [ (i)  Black Americans;                            [ (ii)  Hispanic Americans;                            [ (iii)  women;        &# [Text truncated for display. 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