88S40073 RDS-D     By: Tepper H.B. No. 14       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   at the entity 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;                      (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, color, or ethnicity, other than   policies or procedures implemented for the purpose of ensuring   compliance with any applicable federal law; or                      (D)  conducting trainings, programs, or   activities designed or implemented in reference to race, color,   ethnicity, gender identity, or sexual orientation, other than   trainings, programs, or activities conducted for the purpose of   ensuring compliance with any applicable court order or state or   federal law.                (2)  "Governmental entity" has the meaning assigned by   Section 620.001, Government Code, except that the term also   includes a school district or open-enrollment charter school.          Sec. 621.002.  APPLICABILITY OF CHAPTER. This chapter does   not apply to an institution of higher education.          Sec. 621.003.  RESPONSIBILITY OF GOVERNMENTAL ENTITY   REGARDING DIVERSITY, EQUITY, AND INCLUSION INITIATIVES.  (a)  A   governmental entity shall ensure that each unit of the entity:                (1)  does not, except as required by federal law:                      (A)  establish or maintain a diversity, equity,   and inclusion office;                      (B)  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;                      (C)  compel, require, induce, or solicit any   person to provide a diversity, equity, and inclusion statement or   give preferential consideration to any person based on the   provision of a diversity, equity, and inclusion statement;                      (D)  give preference on the basis of race, sex,   color, ethnicity, or national origin to an applicant for   employment, an employee, or a participant in any function of the   entity; or                      (E)  require as a condition of employment any   person to participate in diversity, equity, and inclusion training,   which:                            (i)  includes a training, program, or   activity designed or implemented in reference to race, color,   ethnicity, gender identity, or sexual orientation; and                            (ii)  does not include a training, program,   or activity developed for the purpose of ensuring compliance with   any applicable federal law; and                (2)  adopts policies and procedures for appropriately   disciplining, including by termination, an employee or contractor   of the entity who engages in conduct in violation of Subdivision   (1).          (b)  Subsection (a)(1) may not be construed to apply to:                 (1)  academic course instruction;                (2)  scholarly research or a creative work by a school   district's or open-enrollment charter school's students or faculty;                (3)  an activity of a student organization registered   with or recognized by a school district or open-enrollment charter   school;                (4)  guest speakers or performers on short-term   engagements;                 (5)  a program or activity to enhance student academic   achievement or postgraduate outcomes that allows participation   without regard to race, sex, color, or ethnicity; or                 (6)  data collection.          (c)  An employee of a governmental entity who is required to   participate in training in violation of Subsection (a)(1)(E) may   bring an action against the entity for injunctive and declaratory   relief.          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 on the 91st day after the last day of the   legislative session.