88R12321 CXP-D     By: Tepper H.B. No. 3682       A BILL TO BE ENTITLED   AN ACT   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.  Section 51.805, Education Code, is amended by   adding Subsection (b-1) to read as follows:          (b-1)  A general academic teaching institution 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   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.  Nothing in this   subsection 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.  [MINORITY AND] DISADVANTAGED STUDENT   INTERNSHIPS. (a)  The board shall adopt rules to encourage   internships for [minority and] disadvantaged students and   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 [minority or] disadvantaged students.          SECTION 2.02.  Section 51.803(k), Education Code, is   repealed.   ARTICLE 3. TRANSITION AND EFFECTIVE DATE          SECTION 3.01.  The change in law made by this Act to   Subchapter U, Chapter 51, Education Code, applies beginning with   admissions to a general academic teaching institution 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 September 1, 2023.