By: Tepper H.B. No. 54       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.  Chapter 51, Education Code, is amended by   adding Section 51.806 to read as follows:          Sec. 51.806.  PROHIBITION AGAINST AFFIRMATIVE ACTION IN   HIGHER EDUCATION ADMISSIONS. An institution of higher education   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 an institution of higher education.  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)  An institution of higher education 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 an institution of higher education.  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 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.