Texas State Senate
S.B. 851
By: Ellis S.B. No. 851
A BILL TO BE ENTITLED
AN ACT
1-1 relating to including a multiracial classification on all forms
1-2 requesting information on racial identification and providing for
1-3 reporting racial information to federal agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 2051, Government Code, is amended by
1-6 adding Subchapter D to read as follows:
1-7 SUBCHAPTER D. REQUESTING RACIAL OR ETHNIC IDENTIFICATION
1-8 Sec. 2051.101. DEFINITIONS. In this chapter:
1-9 (1) "Multiracial" means having parents of different
1-10 races.
1-11 (2) "State agency" means a department, board,
1-12 commission, committee, or other agency in any branch of state
1-13 government.
1-14 Sec. 2051.102. MULTIRACIAL CLASSIFICATION REQUIRED. A form,
1-15 application, questionnaire, or other document or material produced
1-16 by or for or used by any state agency or political subdivision that
1-17 requests information on the racial or ethnic identification of a
1-18 person and that contains a list of racial and ethnic
1-19 classifications from which a person must select one must include
1-20 among the choices a multiracial classification.
1-21 Sec. 2051.103. FEDERAL REQUIREMENTS. Whenever it is
1-22 required that racial information collected by a state agency or
1-23 political subdivision be reported to a federal agency, the
2-1 computation of the number of persons classified on forms or other
2-2 documents as multiracial shall be reported by the agency or
2-3 political subdivision under the multiracial classification.
2-4 However, if the federal agency considers the multiracial
2-5 classification unacceptable, the reporting state agency or
2-6 political subdivision shall, on resubmission of the information,
2-7 reclassify the multiracial population by allocating a percentage of
2-8 the number of persons composing that population to each federally
2-9 acceptable racial or ethnic classification at the same percentage
2-10 that the classification composes in the general population of the
2-11 collected group.
2-12 SECTION 2. Chapter 1, Education Code, is amended by adding
2-13 Section 1.004 to read as follows:
2-14 Sec. 1.004. MULTIRACIAL CLASSIFICATION REQUIRED. (a) In
2-15 this section, "multiracial" means having parents of different
2-16 races.
2-17 (b) A form, application, questionnaire, or other document or
2-18 material produced by or for or used by any public school district
2-19 or state institution of higher education that requests information
2-20 on the racial or ethnic identification of a person and that
2-21 contains a list of racial and ethnic classifications from which a
2-22 person must select one must include among the choices a multiracial
2-23 classification.
2-24 (c) Whenever it is required that racial information
2-25 collected by a public school district or state institution of
3-1 higher education be reported to a federal agency, the computation
3-2 of the number of persons classified on forms or other documents as
3-3 multiracial shall be reported by the public school district or
3-4 state institution of higher education under the multiracial
3-5 classification. However, if the federal agency considers the
3-6 multiracial classification unacceptable, the reporting public
3-7 school district or state institution of higher education shall, on
3-8 resubmission of the information, reclassify the multiracial
3-9 population by allocating a percentage of the number of persons
3-10 composing that population to each federally acceptable racial or
3-11 ethnic classification at the same percentage that the
3-12 classification composes in the general population of the collected
3-13 group.
3-14 SECTION 3. Chapter 52, Labor Code, is amended by adding
3-15 Subchapter G to read as follows:
3-16 SUBCHAPTER G. REQUESTING RACIAL OR ETHNIC IDENTIFICATION
3-17 Sec. 52.061. DEFINITION. In this subchapter, "multiracial"
3-18 means having parents of different races.
3-19 Sec. 52.062. MULTIRACIAL CLASSIFICATION REQUESTED. A form,
3-20 application, questionnaire, or other document or material produced
3-21 by or for or used by any person employing labor in this state that
3-22 requests information on the racial or ethnic identification of an
3-23 employee and that contains a list of racial and ethnic
3-24 classifications from which the employee must select one should
3-25 include among the choices a multiracial classification.
4-1 Sec. 52.063. CAUSE OF ACTION NOT CREATED. The failure of a
4-2 person to comply with this subchapter does not create any civil
4-3 cause of action.
4-4 Sec. 52.064. FEDERAL REQUIREMENTS. Whenever it is required
4-5 that racial information collected by a person subject to this
4-6 subchapter be reported to a federal agency and the federal agency
4-7 considers reporting under the multiracial classification
4-8 unacceptable, the person subject to this subchapter shall report
4-9 the information in the manner acceptable to the federal agency.
4-10 SECTION 4. This Act takes effect September 1, 1997, but the
4-11 requirements of Subchapter D, Chapter 2051, Government Code;
4-12 Section 1.004, Education Code; and Subchapter G, Chapter 52, Labor
4-13 Code, as added by this Act, apply only to forms, applications,
4-14 questionnaires, and other documents or materials used after January
4-15 1, 1998. In addition, all documents and materials printed and in
4-16 stock on January 1, 1998, that do not include a multiracial
4-17 classification may be used after that date and the stock depleted
4-18 before documents and materials that comply with this Act are
4-19 ordered.
4-20 SECTION 5. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended.
