This chapter does not require a person subject to this chapter to grant preferential treatment to an individual or a group on the basis of race, color, disability, religion, sex, national origin, or age because of an imbalance between:

1. (1) the total number or percentage of persons of that individual's or group's race, color, disability, religion, sex, national origin, or age:

   1. (A) employed by an employer;
   2. (B) referred or classified for employment by an employment agency or labor organization;
   3. (C) admitted to membership or classified by a labor organization; or
   4. (D) admitted to or employed in an apprenticeship, on-the-job training, or other training or retraining program; and

2. (2) the total number or percentage of persons of that race, color, disability, religion, sex, national origin, or age in:

   1. (A) a community, this state, a region, or other area; or
   2. (B) the available work force in a community, this state, a region, or other area.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.