HB5135 - Relating to prohibition of discrimination by governmental entities based on immutable characteristics.

      By: Gerdes H.B. No. 5135       A BILL TO BE ENTITLED   AN ACT   relating to prohibition of discrimination by governmental entities   based on immutable characteristics.          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.  Subtitle A, Title 6, Government Code, is amended   by adding Chapter 621 to read as follows:   CHAPTER 621.   PROHIBITION OF DISCRIMINATION BY GOVERNMENTAL   ENTITIES BASED ON IMMUTABLE CHARACTERISTICS           Sec.   621.001.     LEGISLATIVE FINDINGS; PURPOSE.   (a)   The   legislature finds that:                 (1)     Section 3, Article I, Texas Constitution (Equal   Protection Clause), 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 service;"                 (2)     Section 3a, Article I, Texas Constitution (Equal   Rights Amendment), provides that "[e]quality under the law shall   not be denied or abridged because of sex, race, color, creed, or   national origin;"                 (3)     The Texas Constitution's Equal Rights Amendment   was designed expressly to provide protection which supplements the   federal guarantees of equal treatment;                 (4)     The Texas Constitution's Equal Rights Amendment is   more extensive and provides more specific protection than both the   United States and Texas due-process and equal-protection   guarantees; and                 (5)     Discrimination by governmental entities is   antithetical to the Texas Constitution's Equal Protection Clause   and Equal Rights Amendment and lack a rational relationship to a   legitimate governmental purpose such that the initiatives violate   Texas's Equal Protection Clause and Equal Rights Amendment; and                 (6)     Texans deserve a government committed to serving   every person with equal dignity and respect and to expending   precious taxpayer resources only on making Texas great for all   Texans.           (b)     The purpose of this act is to prevent the unlawful   discrimination that is antithetical to the Texas Constitution's   Equal Protection Clause and Equal Rights Amendment. This act does   not create any right or benefit, substantive or procedural,   enforceable at law or in equity by any party against the   governmental entities listed in Section 621.002(2), except as   provided by Section 621.004.           Sec. 621.002.  DEFINITIONS. In this chapter:           (a)     "Discriminatory office" means an office, division, or   other unit of a governmental entity established for the purpose of:                 (1)     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 or   sex-neutral hiring processes in accordance with any applicable   state and federal antidiscrimination laws;                 (2)     promoting differential treatment or providing   special benefits to individuals on the basis of race, sex, color, or   ethnicity;                 (3)     promoting policies or procedures designed or   implemented in reference to race, sex, color, or ethnicity, other   than policies or procedures implemented for the sole purpose of   ensuring compliance with applicable federal law;                 (4)     conducting trainings, programs, or activities   designed or implemented in reference to race, sex, color, or   ethnicity, other than trainings, programs, or activities conducted   for the sole purpose of ensuring compliance with any applicable   court order or federal law; or                 (5)     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 these concepts.           (b)  "Diversity, equity, and inclusion" means:                 (1)     influencing hiring or employment practices with   respect to race, sex, color, or ethnicity, other than through the   use of color-blind and sex-neutral hiring processes in accordance   with any applicable state and federal antidiscrimination laws;                 (2)     promoting differential treatment of or providing   special benefits to individuals on the basis of race, sex, color, or   ethnicity;                 (3)     promoting policies or procedures designed or   implemented in reference to race, sex, color, or ethnicity, other   than policies or procedures approved in writing by a respective   agency general counsel for the sole purpose of ensuring compliance   with any applicable court order or state or federal law; and                 (4)     conducting trainings, programs, or activities   designed or implemented in reference to race, sex, color, or   ethnicity, other than trainings, programs, or activities developed   by an attorney and approved by a respective agency general counsel   for the sole purpose of ensuring compliance with any applicable   court order or state or federal law.           (c)  "Governmental entity" means:                 (1)  a state agency, which includes;                       (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; 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; and                 (2)  a political subdivision, which includes:                       (A)     a county, municipality, special purpose   district, including a school district, or any other political   subdivision of this state;                       (B)     an open-enrollment charter school   established under Subchapter D, Chapter 12, Education Code; or                       (C)     any other political subdivision of this state   described by Section 2254.021(4), Government Code.           Sec.   621.003.     DISCRIMINATION BY GOVERNMENTAL ENTITIES   PROHIBITED.   (a)   Notwithstanding any other law, and other than   through color-blind, race-neutral, or sex-neutral processes, a   governmental entity shall not:                 (1)  establish or maintain a discriminatory office;                 (2)     hire or assign an employee of the entity or   contract with a third party to perform the duties of a   discriminatory office;                 (3)     compel, require, induce, or solicit any person to   provide a discriminatory statement or give preferential   consideration to any person based on the provision of a   discriminatory statement;                 (4)     give preference on the basis of race, sex, color,   or ethnicity to an applicant for employment, an employee, or a   participant in any function of the entity;                 (5)     promote or adopt any theory justifying   differential treatment based on race, sex, color, or ethnicity;                 (6)     Consider race, sex, color, or ethnicity when   making employment, contracting, funding, or policy determinations;                 (7)     require an employee to participate in a diversity,   equity, or inclusion program or a discriminatory training, which   includes a training, program, or activity designed or implemented   in reference to race, sex, color, or ethnicity;                 (8)     spend monies on a diversity, equity, and inclusion   program, including to acquire services, supplies, information   technology, or goods for a diversity, equity and inclusion program;                 (9)     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, or ethnicity, provided   that this prohibition shall only apply to contracts executed or   renewed on or after September 1, 2025; or                 (10)     enter into or renew a contract with a contractor   or vendor that engages in conduct that would be prohibited by this   chapter if done by a governmental entity, provided that this   prohibition shall only apply to contracts executed or renewed on or   after September 1, 2025.           (b)     Subsection (a) may not be construed to apply to offering   training on sexual harassment or a training, program, or activity   developed for the purpose of ensuring compliance with any   applicable federal law.           (c)     A governmental entity shall adopt policies and   procedures for appropriately disciplining, including by   termination, an employee or contractor of the entity who engages in   conduct in violation of Subdivision (a);           (d)     If a state agency or political subdivision determines   that a contractor or vendor has violated this chapter, it shall   cancel the contract without penalty. The state agency or political   subdivision shall be prohibited from entering into future contracts   with the violating contractor or vendor until the entity provides   sufficient evidence that the violation has been cured.           Sec.   621.004.     ENFORCEMENT AGAINST A POLITICAL SUBDIVISION.     (a)   A person who has a reasonable belief that a political   subdivision is violating this chapter may file a complaint with the   attorney general.           (b)     If the attorney general determines that a political   subdivision named in a complaint received under Subsection (a) is   violating this chapter, the attorney general shall provide written   notice of the violation to the political subdivision, and:                 (1)     require the political subdivision to submit a   corrective action plan within fourteen days; and                 (2)     designate the political subdivision as   noncompliant.           (c)     Notwithstanding any other law, the comptroller may not   distribute to a political subdivision designated as n [Text truncated for display. 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