Texas 2009 - 81st Regular

Texas House Bill HB2215 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R7798 CAE-D
2	2	By: Farrar H.B. No. 2215
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibition of certain discrimination based on
8	8	sexual orientation or gender identity or expression.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 4, Civil Practice and Remedies Code, is
11	11	amended by adding Chapter 100E to read as follows:
12	12	CHAPTER 100E. LIABILITY ARISING FROM DISCRIMINATION
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 100E.001. DEFINITIONS. In this chapter:
15	15	(1) "Aggrieved person" includes any person who:
16	16	(A) claims to have been injured by a
17	17	discriminatory practice; or
18	18	(B) believes that he or she will be injured by a
19	19	discriminatory practice that is about to occur.
20	20	(2) "Discriminatory practice" means an act prohibited
21	21	by this chapter.
22	22	(3) "Dwelling" means:
23	23	(A) any building, structure, or part of a
24	24	building or structure that is occupied as, or designed or intended
25	25	for occupancy as, a residence by one or more families; or
26	26	(B) any vacant land that is offered for sale or
27	27	lease for the construction or location of a building, structure, or
28	28	part of a building or structure described by Paragraph (A).
29	29	(4) "Gender identity or expression" means having or
30	30	being perceived as having gender-related identity, appearance,
31	31	expression, or behavior, whether or not that identity, appearance,
32	32	expression, or behavior is different from that commonly associated
33	33	with the person's actual or perceived sex.
34	34	(5) "Public accommodation" means a business or other
35	35	entity that offers to the general public food, shelter, recreation,
36	36	or amusement, or any other goods, service, privilege, facility, or
37	37	accommodation.
38	38	(6) "Religious organization" means:
39	39	(A) a religious corporation, association, or
40	40	society; or
41	41	(B) a school, institution of higher education, or
42	42	other educational institution, not otherwise a religious
43	43	organization, that:
44	44	(i) is wholly or substantially controlled,
45	45	managed, owned, or supported by a religious organization; or
46	46	(ii) has a curriculum directed toward the
47	47	propagation of a particular religion.
48	48	(7) "Sexual orientation" means:
49	49	(A) having a preference for heterosexuality,
50	50	homosexuality, or bisexuality;
51	51	(B) having a history of such a preference; or
52	52	(C) being identified or perceived as having such
53	53	a preference.
54	54	[Sections 100E.002-100E.050 reserved for expansion]
55	55	SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
56	56	Sec. 100E.051. PUBLIC ACCOMMODATIONS. A person commits a
57	57	discriminatory practice and a violation of this chapter if the
58	58	person, because of the sexual orientation or gender identity or
59	59	expression of an individual:
60	60	(1) denies that individual full and equal
61	61	accommodations in any place of public accommodation in this state,
62	62	subject only to the conditions and limitations established by law
63	63	and applicable to all persons; or
64	64	(2) otherwise discriminates against or segregates or
65	65	separates the individual based on sexual orientation or gender
66	66	identity or expression.
67	67	[Sections 100E.052-100E.100 reserved for expansion]
68	68	SUBCHAPTER C. HOUSING DISCRIMINATION PROHIBITED
69	69	Sec. 100E.101. REFUSAL TO SELL OR RENT. A person commits a
70	70	discriminatory practice and a violation of this chapter if the
71	71	person, because of the sexual orientation or gender identity or
72	72	expression of an individual:
73	73	(1) refuses to sell or rent a dwelling to the
74	74	individual after the making of a bona fide offer by the individual;
75	75	(2) refuses to negotiate for the sale or rental of a
76	76	dwelling to the individual;
77	77	(3) refuses to make available or otherwise denies a
78	78	dwelling to the individual; or
79	79	(4) discriminates against the individual in the terms,
80	80	conditions, or privileges of the sale or rental of a dwelling, or
81	81	the provision of services or facilities in connection with such a
82	82	sale or rental.
83	83	Sec. 100E.102. REAL ESTATE-RELATED TRANSACTIONS. A person
84	84	who engages in real estate-related transactions commits a
85	85	discriminatory practice and a violation of this chapter if, because
86	86	of the sexual orientation or gender identity or expression of an
87	87	individual, the person discriminates against the individual in
88	88	making available such a transaction.
89	89	Sec. 100E.103. REAL ESTATE SERVICES AND ORGANIZATION. A
90	90	person who engages in real estate-related transactions commits a
91	91	discriminatory practice and a violation of this chapter if, because
92	92	of the sexual orientation or gender identity or expression of an
93	93	individual, the person:
94	94	(1) denies the individual access to or membership or
95	95	participation in any multiple-listing service, real estate brokers
96	96	organization, or other service, organization, or facility relating
97	97	to the business of selling or renting dwellings; or
98	98	(2) discriminates against the individual in the terms
99	99	or conditions of the access, membership, or participation described
100	100	by Subdivision (1).
101	101	Sec. 100E.104. COERCION. A person commits a discriminatory
102	102	practice and a violation of this chapter if:
103	103	(1) because of the sexual orientation or gender
104	104	identity or expression of an individual, the person coerces,
105	105	intimidates, threatens, or interferes with the individual in the
106	106	exercise or enjoyment of a right granted or protected by this
107	107	subchapter; or
108	108	(2) the person coerces, intimidates, threatens, or
109	109	interferes with an individual because the individual has exercised
110	110	or enjoyed, or aided or encouraged any other person in the exercise
111	111	or enjoyment of, a right granted or protected by this subchapter.
112	112	Sec. 100E.105. PUBLICATIONS. A person commits a
113	113	discriminatory practice and a violation of this chapter if the
114	114	person makes, prints, or publishes, or causes to be made, printed,
115	115	or published, any notice, statement, or advertisement with respect
116	116	to the sale or rental of a dwelling that indicates any preference,
117	117	limitation, or discrimination based on sexual orientation or gender
118	118	identity or expression, or an intention to make such a preference,
119	119	limitation, or discrimination.
120	120	Sec. 100E.106. STEERING PROHIBITED. (a) A person commits
121	121	a discriminatory practice and a violation of this chapter if the
122	122	person, because of the sexual orientation or gender identity or
123	123	expression of an individual, represents to the individual that a
124	124	dwelling is not available for inspection, sale, or rental if the
125	125	dwelling is in fact available.
126	126	(b) A person violates this section if the person restricts
127	127	or attempts to restrict the choices offered to any buyer or renter,
128	128	including potential buyers or renters, because of the sexual
129	129	orientation or gender identity or expression of the buyer or
130	130	renter.
131	131	Sec. 100E.107. ENTRY INTO NEIGHBORHOOD. A person commits a
132	132	discriminatory practice and a violation of this chapter if the
133	133	person, for profit, induces or attempts to induce any person to sell
134	134	or rent a dwelling by representations regarding the entry or
135	135	prospective entry into the neighborhood in which the dwelling is
136	136	located of an individual of a particular sexual orientation or
137	137	gender identity or expression.
138	138	Sec. 100E.108. EXEMPTIONS. (a) This subchapter does not
139	139	apply to:
140	140	(1) the rental of a room or rooms in a dwelling if the
141	141	owner actually maintains and occupies part of the living quarters
142	142	of the dwelling as the owner's residence; or
143	143	(2) a unit in a dwelling containing living quarters
144	144	occupied or intended to be occupied by not more than four families
145	145	living independently of each other, if the owner actually maintains
146	146	and occupies one of the units as the owner's residence.
147	147	(b) This subchapter does not limit or affect the
148	148	applicability of any reasonable state statute or municipal
149	149	ordinance that restricts the maximum number of persons permitted to
150	150	occupy a dwelling.
151	151	(c) This subchapter does not prohibit a person engaged in
152	152	the business of furnishing appraisals of real property from
153	153	considering factors other than sexual orientation or gender
154	154	identity or expression in making the appraisal.
155	155	[Sections 100E.109-100E.150 reserved for expansion]
156	156	SUBCHAPTER D. EXEMPTIONS
157	157	Sec. 100E.151. RELIGIOUS ORGANIZATION. (a) Except as
158	158	provided by Subsection (b), this chapter does not apply to a
159	159	religious organization.
160	160	(b) This chapter applies to activities conducted by a
161	161	religious organization for profit to the extent that those
162	162	activities are subject to federal taxation under Section 511(a),
163	163	Internal Revenue Code of 1986, as that section existed on September
164	164	1, 2009.
165	165	[Sections 100E.152-100E.200 reserved for expansion]
166	166	SUBCHAPTER E. CAUSE OF ACTION
167	167	Sec. 100E.201. CIVIL ACTION. An aggrieved person may file
168	168	a civil action in district court not later than the second
169	169	anniversary of the occurrence of the termination of an alleged
170	170	discriminatory practice under this chapter to obtain appropriate
171	171	relief with respect to the discriminatory practice.
172	172	Sec. 100E.202. RELIEF GRANTED. In an action under this
173	173	subchapter, if the court finds that a discriminatory practice has
174	174	occurred or is about to occur, the court may award to the plaintiff:
175	175	(1) actual and punitive damages;
176	176	(2) reasonable attorney's fees;
177	177	(3) court costs; and
178	178	(4) subject to Section 100E.203, any permanent or
179	179	temporary injunction, temporary restraining order, or other order,
180	180	including an order enjoining the defendant from engaging in the
181	181	practice or ordering other appropriate action.
182	182	Sec. 100E.203. EFFECT OF RELIEF GRANTED. Relief granted
183	183	under this subchapter does not affect a contract, sale,
184	184	encumbrance, or lease that:
185	185	(1) was consummated before the granting of the relief;
186	186	and
187	187	(2) involved a bona fide purchaser, encumbrancer, or
188	188	tenant who did not have actual notice of the filing of a civil
189	189	action under this subchapter.
190	190	SECTION 2. This Act takes effect September 1, 2009.