89R1904 RDS-D
	By: Leo Wilson	H.B. No. 436

	A BILL TO BE ENTITLED
	AN ACT
	relating to the requirement by certain governmental entities for
	diversity, equity, and inclusion statements and training from
	employees, prospective employees, and contractors.
	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 STATEMENTS OR TRAINING
	CONCERNING DIVERSITY, EQUITY, AND INCLUSION
	Sec. 621.001.  DEFINITION. In this chapter, "governmental
	entity" means:
	(1)  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;
	(2)  the legislature or a legislative agency;
	(3)  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;
	(4)  a county, municipality, special purpose district,
	including a school district, or any other political subdivision of
	this state; or
	(5)  an open-enrollment charter school established
	under Subchapter D, Chapter 12, Education Code.
	Sec. 621.002.  RESPONSIBILITY OF GOVERNMENTAL ENTITY
	REGARDING STATEMENTS OR TRAINING CONCERNING DIVERSITY, EQUITY, AND
	INCLUSION. (a) A governmental entity shall ensure that each unit
	of the entity:
	(1)  does not, except as required by federal law:
	(A)  compel, require, induce, or solicit any
	employee or applicant for employment to provide a diversity,
	equity, and inclusion statement or give preferential consideration
	to any employee or applicant for employment based on the provision
	of a diversity, equity, and inclusion statement; or
	(B)  require as a condition of hiring or continued
	employment any employee or applicant for employment 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 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 or applicant for employment with a
	governmental entity who is required to participate in training in
	violation of Subsection (a)(1)(B) may bring an action against the
	entity for injunctive and declaratory relief.
	SECTION 2.  Subchapter Z, Chapter 2252, Government Code, is
	amended by adding Section 2252.911 to read as follows:
	Sec. 2252.911.  PROHIBITED CONSIDERATION OF CERTAIN
	DIVERSITY, EQUITY, AND INCLUSION CRITERIA. (a) In this section,
	"governmental entity" has the meaning assigned by Section 2252.001,
	except that the term does not include an institution of higher
	education as defined by Section 61.003, Education Code.
	(b)  Notwithstanding any other law, a governmental entity
	may not require as a condition for bidding on a contract, consider
	in awarding a contract, or include as a requirement in a contract,
	that a person:
	(1)  provide a diversity, equity, and inclusion
	statement; or
	(2)  participate in diversity, equity, and inclusion
	training, which:
	(A)  includes a training, program, or activity
	designed or implemented in reference to race, color, ethnicity,
	gender identity, or sexual orientation; and
	(B)  does not include a training, program, or
	activity developed for the purpose of ensuring compliance with any
	applicable federal law.
	(c)  Subsection (b) may not be construed to apply to data
	collection.
	(d)  A person who is not awarded a contract or has a contract
	terminated with a governmental entity on the basis of a diversity,
	equity, and inclusion statement or training prohibited by
	Subsection (b) may bring an action against the entity for
	injunctive and declaratory relief.
	SECTION 3.  Section 2252.911, Government Code, as added by
	this Act, applies only to a contract for which the request for bids
	or proposals or other applicable expression of interest is made
	public on or after the effective date of this Act. A contract for
	which the request for bids or proposals or other applicable
	expression of interest is made public before the effective date of
	this Act is governed by the law in effect on the date the request or
	other expression of interest is made public, and the former law is
	continued in effect for that purpose.
	SECTION 4.  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.