Relating to employment practices regarding diversity and prohibiting the implementation of diversity, equity, and inclusion initiatives by certain governmental entities.

89(R) SB 689 - House Committee Report version - Bill Text

By: Hughes, et al.

S.B. No. 689

(Gerdes, Tepper, Schatzline, et al.)

A BILL TO BE ENTITLED

AN ACT

relating to employment practices regarding diversity and

prohibiting 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 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; or

(D)

a county, a municipality, a special purpose

district, or any other political subdivision of this state, other

than a school district.

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)

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;

(2)

establish or maintain a diversity, equity, and

inclusion office; or

(3)

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 Sections 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).

SECTION 2. Section 21.125(a), Labor Code, is amended to

read as follows:

(a) Except as otherwise provided by this chapter, an

unlawful employment practice is established when the complainant

demonstrates that race, color, sex, national origin, religion, age,

or disability was a motivating factor for an employment practice,

even if other factors also motivated the practice[
, unless race,

color, sex, national origin, religion, age, or disability is

combined with objective job-related factors to attain diversity in

the employer's work force
].

SECTION 3. Section 21.452, Labor Code, is amended to read as

follows:

Sec. 21.452. DEVELOPMENT AND IMPLEMENTATION OF PERSONNEL

POLICIES AND PROCEDURES. Each state agency shall develop and

implement personnel policies and procedures that comply with this

chapter[
, including personnel selection procedures that

incorporate a workforce diversity program
].

SECTION 4. The following provisions of the Labor Code are

repealed:

(1) Section 21.121; and

(2) Subchapter J, Chapter 21.

SECTION 5. 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.