HBA-ALS H.B. 2386 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2386
By: Talton
State Affairs
4/27/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, certain state agencies use workforce diversity points including
the race and gender of job applicants when making hiring decisions.  These
diversity points account for 10 percent of the criteria in determining
whether the applicant receives the job. H.B. 2386 prohibits the state or a
political subdivision from discriminating against, or granting preferential
treatment to any individual on the basis of race, color, sex, ethnicity, or
national origin in relation to public employment, public education, and
public contracting.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 106.001, Civil Practice and Remedies Code, by
adding Subsection (c), to prohibit the state or a political subdivision of
the state from discriminating against, or granting preferential treatment
to any individual or  group on the basis of race, color, sex, ethnicity, or
national origin in the operation of public employment, public education,
and public contracting. Provides that this section does not prohibit bona
fide occupational-based gender qualifications that are reasonably necessary
to the normal operations of a particular governmental activity or prohibit
action that must be taken to establish or maintain eligibility for a
federal program if ineligibility would result in a loss of federal funds.  

SECTION 2.  Amends the heading to Chapter 106, Civil Practice and Remedies
Code, as follows: 

CHAPTER 106. New heading: DISCRIMINATION OR PREFERENTIAL TREATMENT BECAUSE
OF RACE, RELIGION, COLOR, SEX, ETHNICITY, OR NATIONAL ORIGIN 

SECTION 3.  (a) Effective date: September 1, 1999. 

  (b) Makes application of this Act prospective.

(c) Provides that this Act does not invalidate any court order or consent
decree in force on the effective date of this Act.  
 
SECTION 4.  Emergency clause.