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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the use of political tests by governmental |
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entities and certain government contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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by adding Chapter 620 to read as follows: |
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CHAPTER 620. PROHIBITION ON POLITICAL TESTS |
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Sec. 620.001. DEFINITIONS. In this section, "governmental |
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entity" means: |
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(1) this state, a municipality, a county, or other |
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political subdivision of this state; or |
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(2) any agency of this state, of a county, of a |
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municipality, or of any other political subdivision of this state, |
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including a department, bureau, board, commission, office, agency, |
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council, school district, open-enrollment charter school, and |
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public institution of higher education. |
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Sec. 620.002. POLITICAL TESTS PROHIBITED. (a) A |
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governmental entity may not require any person to receive or |
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participate in training, identify a commitment to, or make a |
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statement of personal belief supporting any specific partisan, |
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political, or ideological set of beliefs, including an ideology or |
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movement that promotes the differential treatment of any individual |
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or group based on race or ethnicity, such as: |
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(1) an initiative or formulation of diversity, equity, |
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and inclusion beyond what is necessary to uphold the equal |
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protection of the laws under the Fourteenth Amendment to the United |
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States Constitution; or |
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(2) a theory or practice that asserts that systems or |
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institutions upholding the equal protection of the laws under the |
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Fourteenth Amendment to the United States Constitution are racist, |
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oppressive, or otherwise unjust. |
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SECTION 2. Subtitle F, Title 10, Government Code, is |
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amended by adding Chapter 2275 to read as follows: |
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CHAPTER 2275. PROHIBITION ON CONTRACTS REQUIRING POLITICAL TESTS |
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Sec. 2275.001. DEFINITIONS. In this section, "governmental |
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entity" means: |
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(1) this state, a municipality, a county, or other |
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political subdivision of this state; or |
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(2) any agency of this state, of a county, of a |
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municipality, or of any other political subdivision of this state, |
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including a department, bureau, board, commission, office, agency, |
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council, school district, open-enrollment charter school, and |
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public institution of higher education. |
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Sec. 2275.002. PROHIBITED CONTRACTS. (a) A governmental |
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entity may not enter into a contract or other agreement with a |
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company or organization that requires an employee or student of a |
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governmental entity to receive or participate in training, identify |
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a commitment to, or make a statement of personal belief supporting |
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any specific partisan, political, or ideological set of beliefs, |
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including an ideology or movement that promotes the differential |
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treatment of any individual or group based on race or ethnicity, |
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|
such as: |
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|
(1) an initiative or formulation of diversity, equity, |
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|
and inclusion beyond what is necessary to uphold the equal |
|
|
protection of the laws under the Fourteenth Amendment to the United |
|
|
States Constitution; or |
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|
(2) a theory or practice that asserts that systems or |
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institutions upholding the equal protection of the laws under the |
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Fourteenth Amendment to the United States Constitution are racist, |
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oppressive, or otherwise unjust. |
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SECTION 3. Chapter 2275, Government Code, as added by this |
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Act, applies to a contract or agreement entered into on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |