Huffines Orders Comptroller Contractors and Grantees to Certify No Discriminatory DEI
A new executive order adds DEI certifications and immediate-termination clauses to Comptroller contracts and grants. It is the second such order this week.
Texas Comptroller Don Huffines on Thursday announced an executive order requiring contractors and grantees paid through his agency to certify that none of their work for the state involves discriminatory diversity, equity and inclusion programs, according to the Comptroller's office. The agency is writing immediate-termination authority into its agreements to enforce it.
What the order says
The order defines discriminatory DEI as disparate treatment based on race, color, ethnicity, religion, age, sex or national origin in recruiting, hiring, contracting, program participation or the use of state resources.
Contractors and grantees must also follow all state and federal anti-discrimination laws and certify that they run no DEI program that violates them. The release says programs promoting preferences based on race, color, ethnicity, religion, sex or national origin, "whether in training, hiring, or anywhere else, have no claim on Texas taxpayers' money."
"Hire the best, promote the best, and serve every Texan the same, and you will do just fine," Huffines said. "Push woke DEI with taxpayer money, and we will terminate your agreement on the spot."
Huffines said his office handles thousands of contracts and grants for hundreds of state agencies and thousands of local governments.
Second order in a week
The DEI order follows Huffines' Oct. 13 executive order banning the use of Comptroller grant money for Flock cameras, automated license plate readers and similar systems. We reported on that order this week. The office said both are part of a series of new standard terms in Comptroller contracts and grants, and that "more will be announced in the coming weeks."
Huffines has made the issue a theme. In an April interview with The Texas Tribune, he said he would withhold state funds from agencies or universities engaging in DEI. He has also moved to end the sales tax on medical records systems.
Merit and fairness
Treating every Texan the same, without regard to skin color or sex, is a sound principle and consistent with civil rights law. The test of this order will be in how it is applied: clear rules for contractors, fair notice, and enforcement against real discrimination rather than paperwork errors. Taxpayers should watch for the first termination and what it was for.
Hero photo: Farragutful / Wikimedia Commons, CC BY-SA 4.0 (license).
