HB436 - Relating to the requirement by certain governmental entities for diversity, equity, and inclusion statements and training from employees, prospective employees, and contractors.

  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.