HB4552 - Relating to a prohibition on certain discriminatory activities by governmental entities and vendors of governmental entities; providing for declaratory and injunctive relief and the withholding of certain funds from political subdivisions.

  89R21817 RDS-F     By: Gerdes, Tepper, Metcalf, Hull, H.B. No. 4552       Schatzline     Substitute the following for H.B. No. 4552:     By:  Raymond C.S.H.B. No. 4552       A BILL TO BE ENTITLED   AN ACT   relating to a prohibition on certain discriminatory activities by   governmental entities and vendors of governmental entities;   providing for declaratory and injunctive relief and the withholding   of certain funds from political subdivisions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Texas   Antidiscrimination Act.          SECTION 2.  (a)  The Legislature finds that:                (1)  Section 3, Article I, Texas Constitution, provides   that "[a]ll freemen, when they form a social compact, have equal   rights, and no man, or set of men, is entitled to exclusive separate   public emoluments, or privileges, but in consideration of public   services";                (2)  Section 3a, Article I, Texas Constitution,   provides that "[e]quality under the law shall not be denied or   abridged because of sex, race, color, creed, or national origin";                (3)  Section 3a, Article I, Texas Constitution, was   designed expressly to provide protection which supplements the   federal guarantees of equal treatment;                (4)  Section 3a, Article I, Texas Constitution, is more   extensive and provides more specific protection than other equal   protection and due process guarantees included in either the United   States Constitution or the Texas Constitution;                (5)  the discriminatory activities described by   Section 621.051, Government Code, as added by this Act, are   antithetical to Sections 3 and 3a, Article I, Texas Constitution,   and lack a rational relationship to a legitimate governmental   purpose such that the activities violate those sections; and                (6)  Texans deserve a government committed to serving   every person with equal dignity and respect and to expending   precious taxpayer resources only for the purpose of making Texas   great for all Texans.          (b)  The purpose of this Act is to prevent unlawful   discrimination that is antithetical to Sections 3 and 3a, Article   I, Texas Constitution. Nothing in this Act may be construed to   create a right or benefit, substantive or procedural, enforceable   at law or in equity by any party against a governmental entity, as   the term is defined by Section 621.001, Government Code, as added by   this Act, except those specifically provided by Subchapter C,   Chapter 621, Government Code, as added by this Act.          SECTION 3.  Subtitle A, Title 6, Government Code, is amended   by adding Chapter 621 to read as follows:   CHAPTER 621. PROHIBITION ON DISCRIMINATION BY GOVERNMENTAL ENTITY   ON THE BASIS OF IMMUTABLE CHARACTERISTIC   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 621.001.  DEFINITIONS. In this chapter:                 (1)  "Discriminatory activity" means:                       (A)     influencing hiring or employment practices   with respect to race, sex, color, or ethnicity, other than through   the use of a color-blind and sex-neutral hiring process in   accordance with any applicable state and federal   antidiscrimination laws;                       (B)     promoting differential treatment of 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 a policy or procedure:                             (i)  approved in writing by:                                   (a)     the general counsel of the   governmental entity promoting the policy or procedure; or                                   (b)     if the governmental entity   promoting the policy or procedure does not employ a general   counsel, an attorney contracted by the entity to provide general   legal services or the attorney general; and                             (ii)     implemented for the sole purpose of   ensuring compliance with any applicable court order or state or   federal law;                       (D)     conducting trainings, programs, or   activities designed or implemented in reference to race, sex,   color, or ethnicity, other than trainings, programs, or activities:                             (i)  developed by an attorney;                             (ii)  approved in writing by:                                   (a)     the general counsel of the   governmental entity conducting the training, program, or activity;   or                                   (b)     if the governmental entity   conducting the training, program, or activity does not employ a   general counsel, an attorney contracted by the entity to provide   general legal services or the attorney general; and                             (iii)     implemented for the sole purpose of   ensuring compliance with any applicable court order or state or   federal law; and                       (E)     promoting, as an official position of a   governmental entity, a particular opinion referencing unconscious   or implicit bias, cultural appropriation, allyship, transgender   ideology, microaggressions, group marginalization, anti-racism,   systemic oppression, intersectionality, neo-pronouns,   heteronormativity, disparate impact, gender theory, racial or   sexual privilege, or any related formulation of those concepts.                 (2)     "Discriminatory office" means an office,   division, or other unit of a governmental entity established for   the purpose of engaging in a discriminatory activity.                 (3)     "Governmental entity" means a state agency or   political subdivision.                 (4)     "Political subdivision" means a county,   municipality, special purpose district, or any other political   subdivision of this state, including a political subdivision   described by Section 2254.021. The term includes an open-enrollment   charter school established under Subchapter D, Chapter 12,   Education Code.                 (5)  "State agency" means:                       (A)     a department, commission, board, office, or   other agency in the executive branch of state government 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 agency; or                       (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.   SUBCHAPTER B. DISCRIMINATION PROHIBITED           Sec.   621.051.     DISCRIMINATION BY GOVERNMENTAL ENTITY   PROHIBITED. (a) Notwithstanding any other law and except as   provided by this section and Section 621.052, a governmental entity   may not:                 (1)  engage in a discriminatory activity;                 (2)  establish or maintain a discriminatory office;                 (3)     hire or assign an employee of the entity or   contract with a third party to perform the duties of a   discriminatory office;                 (4)     compel, require, induce, or solicit any person to   provide a discriminatory statement, or give preference to an   employee, applicant for employment, or other participant in any   function of the entity on the basis of the provision of a   discriminatory statement;                 (5)     give preference to an employee, applicant for   employment, or other participant in any function of the entity on   the basis of race, sex, color, ethnicity, or national origin;                 (6)     promote or adopt any theory justifying   differential treatment of individuals on the basis of race, sex,   color, ethnicity, or national origin;                 (7)     consider the race, sex, color, ethnicity, or   national origin of an individual in an employment, contracting,   funding, or policy determination;                 (8)     require an employee to participate in a   discriminatory activity or a discriminatory training, including a   training, program, or other activity designed or implemented in   reference to race, sex, color, ethnicity, or national origin;                 (9)     spend money on a discriminatory activity,   including acquiring services, supplies, information technology, or   other goods for the purpose of carrying out a discriminatory   activity;                 (10)     award a contract or provide preferential or   discriminatory treatment to a person submitting a bid for a   contract on the basis of race, sex, color, ethnicity, or national   origin; or                 (11)     enter into or renew a contract with a vendor in   violation of Chapter 2278.           (b)     This section does not apply to a training, program, or   activity relating to sexual harassment or developed for the purpose   of ensuring compliance with applicable federal law.           (c)     Each governmental entity shall adopt policies and   procedures for appropriately disciplining, including by   termination, an employee of the entity who engages in conduct   prohibited by Subsection (a) or Chapter 2278.           Sec.   621.052.     LIMITATION OF PROHIBITION ON CERTAIN   GOVERNMENTAL ACTIVITIES RELATING TO PUBLIC EDUCATION. (a) This   section applies only to:                 (1)  a school district;                 (2)  an open-enrollment charter school; &#x [Text truncated for display. Full text available on Congress.gov.]