HB1280 - Relating to prohibiting governmental discriminatory practices as well as submissions and trainings that could lead to discriminatory treatment of individuals because of personal identity characteristics including an individual's race, color, ethnicity, sex, national origin or religion and the establishment of remedies and penalties for discriminatory treatment.

      By: Schoolcraft H.B. No. 1280       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting governmental discriminatory practices as   well as submissions and trainings that could lead to discriminatory   treatment of individuals because of personal identity   characteristics including an individual's race, color, ethnicity,   sex, national origin or religion and the establishment of remedies   and penalties for discriminatory treatment.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. SHORT TITLE          SECTION 1.  This Act may be cited as the Texas Government   Anti-discrimination act of 2025.          SECTION 2 - TEXAS GOVERNMENT CODE  Texas Government Code,   Title 1, is amended by adding Chapter 3 to read as follows:   CHAPTER 3. PROHIBITED DISCRIMINATORY PRACTICES           Sec. 3.001.  PURPOSE                 (1)     The purpose of this chapter is to establish the   government of the State of Texas as a meritocracy in which all   employees receive equal opportunities based on their abilities and   efforts without regard to their race, color, ethnicity, sex,   national origin or religion.           Sec 3.002  DEFINITIONS.  In this chapter:                 (1)     "Personal identity characteristics" means an   individual's race, color, ethnicity, sex, national origin, or   religion.                 (2)     "Prohibited discriminatory practice" means   engaging in or maintaining a policy, procedure, practice, program,   office, initiative, or required training that, based on an   individual's personal identity characteristics:                       (a)     promotes the differential treatment of an   individual;                       (b)     influences the employment decisions of an   individual other than through the use of neutral hiring processes   with regard to personal identity characteristics and in accordance   with federal law;                       (c)     influences an individual's admission to,   advancement in, or graduation from an institution, the public   education system, or an academic program; or                       (d)     influences an individual's participation in   an institution-sponsored or public education system-sponsored   program.                 (3)     "Prohibited discriminatory practice" also means   engaging in or maintaining a policy, procedure, practice, program,   office, initiative, or required training that:                       (a)     asserts that one personal identity   characteristic is inherently superior or inferior to another   personal identity characteristic;                       (b)     asserts that an individual, by virtue of the   individual's personal identity characteristics, is inherently   privileged, oppressed, racist, sexist, oppressive, or a victim,   whether consciously or unconsciously;                       (c)     asserts that an individual should be   discriminated against in violation of Title VI, Title VII, and   Title IX, receive adverse treatment, be advanced, or receive   beneficial treatment because of the individual's personal identity   characteristics;                       (d)     asserts that an individual's moral character   is determined by the individual's personal identity   characteristics;                       (e)     asserts that an individual, by virtue of the   individual's personal identity characteristics, bears   responsibility for actions committed in the past by other   individuals with the same personal identity characteristics;                       (f)     asserts that an individual should feel   discomfort, guilt, anguish, or other psychological distress solely   because of the individual's personal identity characteristics;                       (g)     asserts that meritocracy is inherently   racist or sexist;                       (h)     asserts that socio-political structures are   inherently a series of power relationships and struggles among   racial groups;                       (i)     promotes resentment between, or resentment   of, individuals by virtue of their personal identity   characteristics;                       (j)     ascribes values, morals, or ethical codes,   privileges, or beliefs to an individual because of the individual's   personal identity characteristics;                       (k)     considers an individual's personal identity   characteristics in determining receipt of state financial aid or   other state financial assistance, including a scholarship award or   tuition waiver.                 (4)     "Prohibited discriminatory practice" does not   include actions, policies or procedures that:                       (a)     Are required by state or federal law,   including laws relating to prohibited discrimination or   harassment; or                       (b)     Relate to athletic competition or athletic   safety; or                       (c)     Relate to personal privacy and accommodate   for differences between the two biological sexes.                       (d)     Relate to a dress code which is otherwise   permissible by law.                       (e)  Prevent disruptive behavior.                 (5)     "Prohibited submission" means a submission,   statement, or document that requires an individual to articulate   the individual's position, view, contribution, effort, or   experience regarding a policy, program, or initiative that promotes   differential treatment based on an individual's personal identity   characteristics, as that term is defined herein.                 (6)     "Prohibited submission" includes a submission,   statement, or document that relates to a policy, program, or   initiative regarding:                       (a)  anti-racism;                       (b)  bias;                       (c)  critical race theory;                       (d)  implicit bias;                       (e)  intersectionality;                       (f)     prohibited discriminatory practice, as that   term is defined herin;                       (g)  racial privilege.                 (7)     "Prohibited submission" does not include a   submission, statement, or document for an employment position if   the submission, statement, or document relates to a bona fide   occupational qualification for the position.                 (8)     "Prohibited training" means a mandatory   instructional program and related materials that require   employees, prospective employees, students, or prospective   students, to attend that promote prohibited discriminatory   practices as that term is defined herein.                 (9)     "Prohibited training" includes an in-person or   online seminar, discussion group, workshop, other program, or   related materials.                 (10)     In this chapter, references to an individual   include groups of individuals.                 (11)     "Governmental employer" means any department,   division, agency, commission, board, council, committee,   authority, municipality, county, political subdivision, school   district, institution of higher education or any other institution   of the state as well as all individuals employed by or acting on   behalf of such employers.           Sec 3.003. PROHIBITED DISCRIMINATORY PRACTICES:                 (1)  A governmental employer may not:                       (a)     engage in prohibited discriminatory   practices;                       (b)     establish or maintain an office, division,   employment position, or other unit of an institution established to   implement, develop, plan, or promote campus policies, procedures,   practices, programs, or initiatives, regarding prohibited   discriminatory practices; or                       (c)     employ or assign an employee or a third-party   whose duties for an institution include coordinating, creating,   developing, designing, implementing, organizing, planning, or   promoting policies, programming, training, practices, activities,   and procedures relating to prohibited discriminatory practices.           Sec 3.004. PROHIBITED SUBMISSIONS                 (1)     A governmental employer may not require, request,   solicit, or compel a prohibited submission as a certification or   condition before taking action with respect to:                       (a)  employment, including decisions regarding:                             (i)  hiring;                             (ii)  terms of employment;                             (iii)  benefits;                             (iv)  compensation;                             (v)  seniority status;                             (vi)  tenure or continuing status;                      & [Text truncated for display. Full text available on Congress.gov.]