81R7798 CAE-D
By: Farrar H.B. No. 2215
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of certain discrimination based on
sexual orientation or gender identity or expression.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 100E to read as follows:
CHAPTER 100E. LIABILITY ARISING FROM DISCRIMINATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 100E.001. DEFINITIONS. In this chapter:
(1) "Aggrieved person" includes any person who:
(A) claims to have been injured by a
discriminatory practice; or
(B) believes that he or she will be injured by a
discriminatory practice that is about to occur.
(2) "Discriminatory practice" means an act prohibited
by this chapter.
(3) "Dwelling" means:
(A) any building, structure, or part of a
building or structure that is occupied as, or designed or intended
for occupancy as, a residence by one or more families; or
(B) any vacant land that is offered for sale or
lease for the construction or location of a building, structure, or
part of a building or structure described by Paragraph (A).
(4) "Gender identity or expression" means having or
being perceived as having gender-related identity, appearance,
expression, or behavior, whether or not that identity, appearance,
expression, or behavior is different from that commonly associated
with the person's actual or perceived sex.
(5) "Public accommodation" means a business or other
entity that offers to the general public food, shelter, recreation,
or amusement, or any other goods, service, privilege, facility, or
accommodation.
(6) "Religious organization" means:
(A) a religious corporation, association, or
society; or
(B) a school, institution of higher education, or
other educational institution, not otherwise a religious
organization, that:
(i) is wholly or substantially controlled,
managed, owned, or supported by a religious organization; or
(ii) has a curriculum directed toward the
propagation of a particular religion.
(7) "Sexual orientation" means:
(A) having a preference for heterosexuality,
homosexuality, or bisexuality;
(B) having a history of such a preference; or
(C) being identified or perceived as having such
a preference.
[Sections 100E.002-100E.050 reserved for expansion]
SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
Sec. 100E.051. PUBLIC ACCOMMODATIONS. A person commits a
discriminatory practice and a violation of this chapter if the
person, because of the sexual orientation or gender identity or
expression of an individual:
(1) denies that individual full and equal
accommodations in any place of public accommodation in this state,
subject only to the conditions and limitations established by law
and applicable to all persons; or
(2) otherwise discriminates against or segregates or
separates the individual based on sexual orientation or gender
identity or expression.
[Sections 100E.052-100E.100 reserved for expansion]
SUBCHAPTER C. HOUSING DISCRIMINATION PROHIBITED
Sec. 100E.101. REFUSAL TO SELL OR RENT. A person commits a
discriminatory practice and a violation of this chapter if the
person, because of the sexual orientation or gender identity or
expression of an individual:
(1) refuses to sell or rent a dwelling to the
individual after the making of a bona fide offer by the individual;
(2) refuses to negotiate for the sale or rental of a
dwelling to the individual;
(3) refuses to make available or otherwise denies a
dwelling to the individual; or
(4) discriminates against the individual in the terms,
conditions, or privileges of the sale or rental of a dwelling, or
the provision of services or facilities in connection with such a
sale or rental.
Sec. 100E.102. REAL ESTATE-RELATED TRANSACTIONS. A person
who engages in real estate-related transactions commits a
discriminatory practice and a violation of this chapter if, because
of the sexual orientation or gender identity or expression of an
individual, the person discriminates against the individual in
making available such a transaction.
Sec. 100E.103. REAL ESTATE SERVICES AND ORGANIZATION. A
person who engages in real estate-related transactions commits a
discriminatory practice and a violation of this chapter if, because
of the sexual orientation or gender identity or expression of an
individual, the person:
(1) denies the individual access to or membership or
participation in any multiple-listing service, real estate brokers
organization, or other service, organization, or facility relating
to the business of selling or renting dwellings; or
(2) discriminates against the individual in the terms
or conditions of the access, membership, or participation described
by Subdivision (1).
Sec. 100E.104. COERCION. A person commits a discriminatory
practice and a violation of this chapter if:
(1) because of the sexual orientation or gender
identity or expression of an individual, the person coerces,
intimidates, threatens, or interferes with the individual in the
exercise or enjoyment of a right granted or protected by this
subchapter; or
(2) the person coerces, intimidates, threatens, or
interferes with an individual because the individual has exercised
or enjoyed, or aided or encouraged any other person in the exercise
or enjoyment of, a right granted or protected by this subchapter.
Sec. 100E.105. PUBLICATIONS. A person commits a
discriminatory practice and a violation of this chapter if the
person makes, prints, or publishes, or causes to be made, printed,
or published, any notice, statement, or advertisement with respect
to the sale or rental of a dwelling that indicates any preference,
limitation, or discrimination based on sexual orientation or gender
identity or expression, or an intention to make such a preference,
limitation, or discrimination.
Sec. 100E.106. STEERING PROHIBITED. (a) A person commits
a discriminatory practice and a violation of this chapter if the
person, because of the sexual orientation or gender identity or
expression of an individual, represents to the individual that a
dwelling is not available for inspection, sale, or rental if the
dwelling is in fact available.
(b) A person violates this section if the person restricts
or attempts to restrict the choices offered to any buyer or renter,
including potential buyers or renters, because of the sexual
orientation or gender identity or expression of the buyer or
renter.
Sec. 100E.107. ENTRY INTO NEIGHBORHOOD. A person commits a
discriminatory practice and a violation of this chapter if the
person, for profit, induces or attempts to induce any person to sell
or rent a dwelling by representations regarding the entry or
prospective entry into the neighborhood in which the dwelling is
located of an individual of a particular sexual orientation or
gender identity or expression.
Sec. 100E.108. EXEMPTIONS. (a) This subchapter does not
apply to:
(1) the rental of a room or rooms in a dwelling if the
owner actually maintains and occupies part of the living quarters
of the dwelling as the owner's residence; or
(2) a unit in a dwelling containing living quarters
occupied or intended to be occupied by not more than four families
living independently of each other, if the owner actually maintains
and occupies one of the units as the owner's residence.
(b) This subchapter does not limit or affect the
applicability of any reasonable state statute or municipal
ordinance that restricts the maximum number of persons permitted to
occupy a dwelling.
(c) This subchapter does not prohibit a person engaged in
the business of furnishing appraisals of real property from
considering factors other than sexual orientation or gender
identity or expression in making the appraisal.
[Sections 100E.109-100E.150 reserved for expansion]
SUBCHAPTER D. EXEMPTIONS
Sec. 100E.151. RELIGIOUS ORGANIZATION. (a) Except as
provided by Subsection (b), this chapter does not apply to a
religious organization.
(b) This chapter applies to activities conducted by a
religious organization for profit to the extent that those
activities are subject to federal taxation under Section 511(a),
Internal Revenue Code of 1986, as that section existed on September
1, 2009.
[Sections 100E.152-100E.200 reserved for expansion]
SUBCHAPTER E. CAUSE OF ACTION
Sec. 100E.201. CIVIL ACTION. An aggrieved person may file
a civil action in district court not later than the second
anniversary of the occurrence of the termination of an alleged
discriminatory practice under this chapter to obtain appropriate
relief with respect to the discriminatory practice.
Sec. 100E.202. RELIEF GRANTED. In an action under this
subchapter, if the court finds that a discriminatory practice has
occurred or is about to occur, the court may award to the plaintiff:
(1) actual and punitive damages;
(2) reasonable attorney's fees;
(3) court costs; and
(4) subject to Section 100E.203, any permanent or
temporary injunction, temporary restraining order, or other order,
including an order enjoining the defendant from engaging in the
practice or ordering other appropriate action.
Sec. 100E.203. EFFECT OF RELIEF GRANTED. Relief granted
under this subchapter does not affect a contract, sale,
encumbrance, or lease that:
(1) was consummated before the granting of the relief;
and
(2) involved a bona fide purchaser, encumbrancer, or
tenant who did not have actual notice of the filing of a civil
action under this subchapter.
SECTION 2. This Act takes effect September 1, 2009.