HB4496 - Relating to municipal diversity, equity, and inclusion initiatives.

  89R16029 JBD-D     By: Bell of Montgomery H.B. No. 4496       A BILL TO BE ENTITLED   AN ACT   relating to municipal diversity, equity, and inclusion   initiatives.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 5, Local Government Code, is   amended by adding Chapter 148 to read as follows:   CHAPTER 148.   PROHIBITION ON MUNICIPAL DIVERSITY, EQUITY, AND   INCLUSION INITIATIVES           Sec. 148.001.  DEFINITIONS. In this chapter:                 (1)     "Diversity, equity, and inclusion initiative"   means an initiative that:                       (A)     is based on the belief that identity   classifications are central to understanding social, professional,   and political disparities;                       (B)     requires, encourages, or otherwise promotes   organizational practices such as employee hiring and promotion,   resource allocation, or policy formulation to achieve proportional   representation of identity classification groups or to eliminate   perceived systemic differences between them; or                       (C)     otherwise promotes discriminatory treatment   of a person on the basis of the person's identity classification.                 (2)     "Identity classification" means a classification   of a person based on the race, color, religion, national origin,   sex, age, disability status, medical history, pregnancy status,   sexual orientation, genetic information, gender identity, or   ethnicity of the person.           Sec.   148.002.     PROHIBITION ON MUNICIPAL SPENDING OF PUBLIC   MONEY ON DIVERSITY, EQUITY, AND INCLUSION INITIATIVES.   Except as   required by federal law, a municipality may not spend public money   or provide compensation in any manner to directly or indirectly:                 (1)     fund a department, program, office, or committee,   or pay compensation to a person associated with a department,   program, office, or committee, that is focused on formulating,   promoting, or implementing a diversity, equity, and inclusion   initiative; or                 (2)     hire or contract with an independent vendor or   contractor to formulate, promote, or implement a diversity, equity,   and inclusion initiative.           Sec.   148.003.     DIVERSITY, EQUITY, AND INCLUSION INITIATIVES   AFFECTING MUNICIPAL OFFICERS AND EMPLOYEES.   Except as required by   federal law, the governing body of a municipality may not:                 (1)     adopt or enforce an ordinance, regulation, or   other measure that:                       (A)     implements or advocates for a diversity,   equity, and inclusion initiative; or                       (B)     seeks to discriminate on the basis of   identity classification; or                 (2)     discriminate on the basis of identity   classification in adopting or implementing organizational   practices.           Sec.   148.004.     ENFORCEMENT.   A person may bring an action to   enjoin a violation under this chapter in a district court if the   person has been discriminated against on the basis of one or more of   the person's identity classifications in a manner that violates   this chapter.          SECTION 2.  This Act takes effect September 1, 2025.