Texas 2015 - 84th Regular

Texas House Bill HB1522 Compare Versions

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

Old	New	Differences
1	1	84R5449 SCL-F
2	2	By: Farrar H.B. No. 1522
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 100B to read as follows:
12	12	CHAPTER 100B. LIABILITY ARISING FROM DISCRIMINATION
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 100B.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) "Gender identity or expression" means having or
23	23	being perceived as having gender-related identity, appearance,
24	24	expression, or behavior, whether or not that identity, appearance,
25	25	expression, or behavior is different from that commonly associated
26	26	with the person's actual or perceived sex.
27	27	(4) "Public accommodation" means a business or other
28	28	entity that offers to the general public food, shelter, recreation,
29	29	or amusement, or any other goods, service, privilege, facility, or
30	30	accommodation.
31	31	(5) "Religious organization" means:
32	32	(A) a religious corporation, association, or
33	33	society; or
34	34	(B) a school, institution of higher education, or
35	35	other educational institution, not otherwise a religious
36	36	organization, that:
37	37	(i) is wholly or substantially controlled,
38	38	managed, owned, or supported by a religious organization; or
39	39	(ii) has a curriculum directed toward the
40	40	propagation of a particular religion.
41	41	(6) "Sexual orientation" means the actual or perceived
42	42	sexuality of an individual.
43	43	Sec. 100B.002. APPLICABILITY OF CHAPTER. (a) Except as
44	44	provided by Subsection (b), this chapter does not apply to a
45	45	religious organization.
46	46	(b) This chapter applies to activities conducted by a
47	47	religious organization for profit to the extent that those
48	48	activities are subject to federal taxation under Section 511(a),
49	49	Internal Revenue Code of 1986, as that section existed on September
50	50	1, 2015.
51	51	SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
52	52	Sec. 100B.051. PUBLIC ACCOMMODATIONS. (a) Except as
53	53	provided by Subsection (b), a person commits a discriminatory
54	54	practice and violates this chapter if the person, because of the
55	55	sexual orientation or gender identity or expression of an
56	56	individual:
57	57	(1) denies that individual full and equal
58	58	accommodations in any place of public accommodation in this state,
59	59	subject only to the conditions and limitations established by law
60	60	and applicable to all persons; or
61	61	(2) otherwise discriminates against or segregates or
62	62	separates the individual based on sexual orientation or gender
63	63	identity or expression.
64	64	(b) A person does not commit a discriminatory practice or
65	65	violate this chapter under Subsection (a) if segregation or
66	66	separation of an individual is necessary to provide a service that:
67	67	(1) provides acceptance, support, and understanding
68	68	to the individual;
69	69	(2) assists the individual with coping with the
70	70	individual's sexual orientation or gender identity or expression,
71	71	maintaining social support, and exploring and identifying the
72	72	individual's identity; or
73	73	(3) provides support to an individual undergoing a
74	74	gender transition.
75	75	(c) The services described by Subsection (b)(2) include a
76	76	sexual orientation-neutral intervention for preventing or
77	77	addressing unlawful conduct or unsafe sexual practices if the
78	78	intervention does not seek to change the individual's sexual
79	79	orientation or gender identity or expression.
80	80	SUBCHAPTER C. CAUSE OF ACTION
81	81	Sec. 100B.101. CIVIL ACTION. An aggrieved person may file a
82	82	civil action in district court not later than the second
83	83	anniversary of the occurrence of the termination of an alleged
84	84	discriminatory practice under this chapter to obtain appropriate
85	85	relief with respect to the discriminatory practice.
86	86	Sec. 100B.102. RELIEF GRANTED. In an action under this
87	87	subchapter, if the court finds that a discriminatory practice has
88	88	occurred or is about to occur, the court may award to the plaintiff:
89	89	(1) actual and punitive damages;
90	90	(2) reasonable attorney's fees;
91	91	(3) court costs; and
92	92	(4) any permanent or temporary injunction, temporary
93	93	restraining order, or other order, including an order enjoining the
94	94	defendant from engaging in the practice or ordering other
95	95	appropriate action.
96	96	SECTION 2. This Act takes effect September 1, 2015.