HB1521 - Relating to the implementation of diversity, equity, and inclusion initiatives by certain governmental entities.

  89R4133 RDS-F     By: Gerdes H.B. No. 1521       A BILL TO BE ENTITLED   AN ACT   relating to the implementation of diversity, equity, and inclusion   initiatives by certain governmental entities.          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 DIVERSITY, EQUITY, AND   INCLUSION INITIATIVES           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   or workforce composition at the entity with respect to race, sex,   color, or ethnicity, other than through the use of color-blind,   race-neutral, 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, sex, color, or ethnicity, other   than policies or procedures:                             (i)     approved in writing by the attorney   general; and                             (ii)     implemented for the sole purpose of   ensuring compliance with any applicable federal law;                       (D)     conducting trainings, programs, or   activities designed or implemented in reference to race, sex,   color, ethnicity, gender identity, or sexual orientation, other   than trainings, programs, or activities:                             (i)  developed by an attorney;                             (ii)     approved in writing by the attorney   general; and                             (iii)     conducted for the sole purpose of   ensuring compliance with any applicable court order or state or   federal law; or                       (E)     promoting, as an official position of the   entity, a particular opinion referencing unconscious or implicit   bias, cultural appropriation, allyship, transgender ideology,   microaggressions, group marginalization, anti-racism, systemic   oppression, social justice, intersectionality, neo-pronouns,   heteronormativity, disparate impact, gender theory, racial or   sexual privilege, or any related formulation of the these concepts.                 (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.           Sec.   621.002.     RESPONSIBILITY OF GOVERNMENTAL ENTITY   REGARDING DIVERSITY, EQUITY, AND INCLUSION INITIATIVES.   A   governmental entity shall ensure that each unit of the entity does   not, except as required by federal law:                 (1)     establish or maintain a diversity, equity, and   inclusion office; or                 (2)     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.           Sec.   621.003.     COMPLAINT; ENFORCEMENT.   (a)   A person who has   a reasonable belief that a governmental entity is violating this   chapter may file a complaint with the attorney general.           (b)     If the attorney general determines that a governmental   entity named in a complaint received under Subsection (a) is   violating this chapter, the attorney general may file a petition   for a writ of mandamus to compel the governmental entity to comply   with this chapter.           (c)  A mandamus action under Subsection (b) must be filed in:                 (1)     Travis County, if the governmental entity is an   entity described by Section 621.001(2)(A)-(C); or                 (2)     the county in which the governmental entity is   located, if the governmental entity is an entity described by   Section 621.001(2)(D) or (E).          SECTION 2.  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.