Relating to prohibition of discrimination by governmental entities based on immutable characteristics.
HB 5135, titled the Texas Antidiscrimination Act, would create a new Chapter 621 in the Government Code to bar state agencies and other governmental entities from engaging in what the bill defines as discrimination based on immutable characteristics. The bill prohibits governmental entities from establishing or maintaining “discriminatory offices,” using race-, sex-, color-, or ethnicity-based preferences in hiring, contracting, funding, or policy decisions, requiring participation in diversity, equity, and inclusion programs or certain trainings, or promoting a range of concepts the bill characterizes as discriminatory theories. It also limits the use of certain contracts with vendors or contractors that engage in prohibited conduct, with some contract-related provisions applying only to contracts executed or renewed on or after September 1, 2025.
The bill applies broadly to state agencies, the legislature, the judicial branch, political subdivisions such as counties, municipalities, school districts, special purpose districts, and open-enrollment charter schools. It includes exceptions for training on sexual harassment and for programs developed to ensure compliance with applicable federal law or court orders. The bill also states that it does not create a general private right of action, but it does establish enforcement mechanisms through the attorney general, reporting requirements for state agencies, and contract consequences for vendors or contractors found to be in violation.
If enacted, HB 5135 would significantly alter state and local government operations by restricting DEI-related offices, trainings, policies, and spending, and by requiring color-blind and sex-neutral processes in many employment and contracting contexts. It would add a new chapter to the Government Code and impose compliance duties on agencies, political subdivisions, internal auditors, the attorney general, and the comptroller. The bill also creates a penalty structure that can include contract cancellation, future contracting restrictions, corrective action plans, and withholding of certain sales tax and mixed beverage tax distributions to noncompliant political subdivisions.
Based on the bill text and the absence of recorded committee testimony or votes in the provided materials, the measure appears to be framed as an anti-discrimination and government-neutrality bill rather than a traditional civil rights expansion. Its findings emphasize equal protection, equal rights, and taxpayer stewardship, suggesting support from proponents who favor limiting DEI and identity-based decision-making in government. At the same time, the breadth of the prohibitions and the inclusion of concepts such as implicit bias, transgender ideology, anti-racism, and social justice indicate that the bill is likely to draw strong opposition from supporters of DEI programs, equity initiatives, and related training efforts.
The main points of contention are the bill’s broad definitions and the scope of what counts as prohibited discrimination or DEI activity. Critics would likely focus on the ban on trainings and programs referencing race, sex, ethnicity, and related concepts, as well as the prohibition on considering those characteristics in employment, contracting, funding, or policy decisions. Another likely dispute is the enforcement mechanism, especially the attorney general complaint process and the withholding of state tax distributions from political subdivisions, which could be seen as a strong state-level penalty. Supporters, by contrast, would likely argue that the bill simply requires neutral government decision-making and prevents preferential treatment or compelled ideological training.