SB 689

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
SB 689 creates a new chapter (Chapter 621) in the Texas Government Code to prohibit the establishment and implementation of certain diversity, equity, and inclusion (DEI) initiatives by governmental entities in Texas. The bill defines a “diversity, equity, and inclusion office” as any entity or unit within a government organization whose purpose includes influencing hiring or employment practices based on race, sex, color, or ethnicity—except when employing neutral, non-discriminatory methods that comply with state and federal anti-discrimination laws. It further restricts such offices from promoting differential treatment, special benefits, or training programs based on identity characteristics, including gender identity and sexual orientation.

Under SB 689, DEI-related activities are only permitted if they are developed by a licensed attorney, approved in writing by the Attorney General, and designed solely to ensure compliance with applicable court orders or federal law. The bill also prohibits governmental entities from adopting or promoting certain ideological concepts as official policy. These include terms and frameworks such as unconscious bias, systemic oppression, intersectionality, and gender theory, among others.

The proposed legislation applies broadly to state agencies, public universities, and other governmental bodies in Texas. It represents a legislative response to growing concerns among some policymakers and constituents about the role of identity-based programming in public administration. SB 689 intends to ensure that public hiring, training, and organizational practices remain neutral and merit-based, emphasizing equal treatment rather than race- or sex-conscious interventions. The bill passed out of the Senate State Affairs Committee with no opposition among voting members.

The originally filed version of SB 689 introduced a comprehensive prohibition on the implementation of Diversity, Equity, and Inclusion (DEI) initiatives by governmental entities in Texas, including state agencies, the legislative and judicial branches, political subdivisions (such as counties and school districts), and open-enrollment charter schools. It provided a broad definition of "DEI office" and banned the establishment, maintenance, or outsourcing of DEI functions—except where explicitly required by federal law and approved by the attorney general. The original bill also created a public complaint mechanism and enforcement authority via the Texas attorney general, including a provision for a writ of mandamus.

In contrast, the Committee Substitute narrowed the scope of the bill by removing references to the judiciary, school districts, and charter schools. The substitute version focuses instead on state agencies and public institutions of higher education. It preserves the core definitions and prohibitions on DEI offices and practices but removes the enforcement provision, allowing citizens to file complaints and the attorney general’s writ of mandamus authority. Instead, it emphasizes internal compliance and legal vetting of any required DEI-related training or policies.

Furthermore, while both versions define prohibited DEI functions similarly, the substitute version adds greater specificity and clarity in the language around “official positions” and ideological content that may not be promoted. It also streamlines the legislation by focusing primarily on administrative and employment practices rather than providing a litigation mechanism.

In sum, the Committee Substitute represents a refined and more targeted version of the original bill. It retains the ideological and administrative restrictions but narrows the scope of affected entities and shifts from a litigation-based enforcement model to internal compliance through legal oversight.
Author (1)
Bryan Hughes
Co-Author (7)
Paul Bettencourt
Donna Campbell
Brandon Creighton
Brent Hagenbuch
Adam Hinojosa
Mayes Middleton
Charles Schwertner
Sponsor (3)
Stan Gerdes
Carl Tepper
Nate Schatzline
Co-Sponsor (1)
William Metcalf
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 689 is not expected to result in a significant fiscal impact on the state. The analysis concludes that any costs associated with implementing the provisions of the bill—such as disbanding existing Diversity, Equity, and Inclusion (DEI) offices or modifying internal policies—can be absorbed within existing agency resources. This implies that no additional appropriations or budgetary adjustments would be necessary for state agencies to comply with the bill's requirements.

Similarly, for local governments, including municipalities and political subdivisions potentially subject to the bill, the fiscal impact is expected to be minimal or nonexistent. The bill does not impose costly mandates or create new reporting or enforcement structures that would require significant expenditures. The absence of penalties or financial liabilities further contributes to the limited fiscal impact.

The agencies surveyed for the fiscal note include a wide array of state entities, such as the Texas Education Agency, the Health and Human Services Commission, the Department of Transportation, and the Texas Workforce Commission. These agencies did not project any major financial burdens arising from the bill, reinforcing the assessment that compliance can be handled through reallocation or adjustment of existing personnel and administrative procedures.

Vote Recommendation Notes

SB 689 reflects a legislative intent to ensure equal treatment under the law by eliminating state-supported programs that promote identity-based classifications or preferences in public sector employment practices. The bill prohibits governmental entities from operating diversity, equity, and inclusion (DEI) offices or contracting third parties to perform such functions unless explicitly required by federal law. It also includes provisions for public complaints and enforcement by the attorney general, strengthening the legal and administrative framework to ensure compliance.

From a liberty-oriented perspective, this bill aligns well with the core principles of Individual Liberty and Limited Government. It prohibits state entities from endorsing or promoting ideologies that treat individuals differently based on race, sex, or other identity characteristics—thus supporting color-blind and merit-based policies. By dismantling the DEI infrastructure within state agencies, SB 689 also curtails bureaucratic expansion, aligning with the principle of restraining government to its core functions. The Personal Responsibility principle is reinforced by discouraging identity-based entitlements and encouraging assessment based on individual merit.

Importantly, the fiscal impact of the bill is expected to be minimal. The Legislative Budget Board’s fiscal note concluded that any related costs could be absorbed with existing resources, and no significant impact is anticipated for local governments. This supports the vote recommendation from a limited government and taxpayer accountability standpoint.

In sum, SB 689 is a strong affirmative step in reinforcing neutral, equal treatment under the law in Texas public employment while ensuring fiscal responsibility and adherence to limited government principles. As such, Texas Policy Research recommends that lawmakers vote YES on SB 689.

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