Bill Text: TX HB150 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to a prohibition against affirmative action in governmental employment and in higher education admissions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-13 - Filed [HB150 Detail]
Download: Texas-2023-HB150-Introduced.html
| 88S30126 CXP-D | ||
| By: Tepper | H.B. No. 150 | |
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| relating to a prohibition against affirmative action in | ||
| governmental employment and in higher education admissions. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. PROHIBITION AGAINST AFFIRMATIVE ACTION IN GOVERNMENTAL | ||
| EMPLOYMENT AND IN HIGHER EDUCATION ADMISSIONS | ||
| SECTION 1.01. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.9243 to read as follows: | ||
| Sec. 51.9243. CERTAIN ADMISSION CONSIDERATIONS PROHIBITED. | ||
| An institution of higher education, as defined by Section 61.003, | ||
| may not consider an applicant's race, color, or any other protected | ||
| characteristic under applicable state or federal law as a factor in | ||
| making admissions decisions. An applicant may seek any appropriate | ||
| remedy available under state or federal law for a violation of this | ||
| section. To the extent of any conflict, this section prevails over | ||
| any other law relating to admissions decisions made by an | ||
| institution of higher education. Nothing in this section may be | ||
| construed to impair the enforcement of any applicable state or | ||
| federal civil rights law. | ||
| SECTION 1.02. Section 51.808, Education Code, is amended by | ||
| adding Subsection (b-1) to read as follows: | ||
| (b-1) A general academic teaching institution or medical | ||
| and dental unit may not adopt a policy under this section under | ||
| which the institution may consider an applicant's race, color, or | ||
| any other protected characteristic under applicable state or | ||
| federal law as a factor in making admissions decisions. An | ||
| applicant may seek any appropriate remedy available under state or | ||
| federal law for a violation of this subsection. To the extent of | ||
| any conflict, this subsection prevails over any other law relating | ||
| to admissions decisions made by a general academic teaching | ||
| institution or medical and dental unit. Nothing in this subsection | ||
| may be construed to impair the enforcement of any applicable state | ||
| or federal civil rights law. | ||
| SECTION 1.03. Chapter 1, Government Code, is amended by | ||
| adding Section 1.004 to read as follows: | ||
| Sec. 1.004. PROHIBITION AGAINST AFFIRMATIVE ACTION IN | ||
| GOVERNMENTAL EMPLOYMENT. (a) In this section: | ||
| (1) "Employment decision" includes a decision | ||
| regarding a person's hiring, termination, promotion, demotion, | ||
| transfer, conditions of employment, or wages. | ||
| (2) "Government agency" has the meaning assigned by | ||
| Section 110.001, Civil Practice and Remedies Code. | ||
| (b) Notwithstanding any other law, a government agency may | ||
| not consider the race, color, or any other protected characteristic | ||
| under applicable state or federal law of a person as a factor in | ||
| making an employment decision regarding the person. | ||
| (c) A person may seek any appropriate remedy available under | ||
| state or federal law for a violation of this section. | ||
| (d) To the extent of any conflict, this section prevails | ||
| over any other law relating to an employment decision made by a | ||
| government agency. | ||
| (e) Nothing in this section may be construed to impair the | ||
| application or enforcement of any applicable state or federal civil | ||
| rights law. | ||
| ARTICLE 2. CONFORMING AMENDMENTS | ||
| SECTION 2.01. Section 901.659, Occupations Code, is amended | ||
| to read as follows: | ||
| Sec. 901.659. [ |
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| INTERNSHIPS. (a) The board shall adopt rules to encourage | ||
| internships for [ |
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| certified public accountant examination candidates who notify the | ||
| board not later than 90 days after the date of being accepted into | ||
| an accounting internship program. | ||
| (b) The rules adopted by the board shall include standards | ||
| for appropriate recognition of an accounting firm for its efforts | ||
| in training and hiring [ |
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| ARTICLE 3. TRANSITION AND EFFECTIVE DATE | ||
| SECTION 3.01. The changes in law made by this Act to | ||
| Subchapters U and Z, Chapter 51, Education Code, apply beginning | ||
| with admissions to an institution of higher education for the | ||
| 2024-2025 academic year. Admissions for an academic period | ||
| preceding that academic year are covered by the law in effect | ||
| immediately before the effective date of this Act, and the prior law | ||
| is continued in effect for that purpose. | ||
| SECTION 3.02. This Act takes effect on the 91st day after | ||
| the last day of the legislative session. | ||
