Texas 2015 - 84th Regular

Texas Senate Bill SB856 Compare Versions

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

Old	New	Differences
1	1	84R7761 LED-F
2	2	By: Rodríguez, et al. S.B. No. 856
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; providing an
9	9	administrative penalty; creating an offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 4, Civil Practice and Remedies Code, is
12	12	amended by adding Chapter 100B to read as follows:
13	13	CHAPTER 100B. LIABILITY ARISING FROM DISCRIMINATION
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 100B.001. DEFINITIONS. In this chapter:
16	16	(1) "Aggrieved person" includes any person who:
17	17	(A) claims to have been injured by a
18	18	discriminatory practice; or
19	19	(B) believes that he or she will be injured by a
20	20	discriminatory practice that is about to occur.
21	21	(2) "Discriminatory practice" means an act prohibited
22	22	by this chapter.
23	23	(3) "Gender identity or expression" means having or
24	24	being perceived as having gender-related identity, appearance,
25	25	expression, or behavior, regardless of whether that identity,
26	26	appearance, expression, or behavior is different from that commonly
27	27	associated with the individual's actual or perceived sex.
28	28	(4) "Public accommodation" means a business or other
29	29	entity that offers to the general public food, shelter, recreation,
30	30	or amusement, or any other goods, service, privilege, facility, or
31	31	accommodation.
32	32	(5) "Religious organization" means:
33	33	(A) a religious corporation, association, or
34	34	society; or
35	35	(B) a school, institution of higher education, or
36	36	other educational institution, not otherwise a religious
37	37	organization, that:
38	38	(i) is wholly or substantially controlled,
39	39	managed, owned, or supported by a religious organization; or
40	40	(ii) has a curriculum directed toward the
41	41	propagation of a particular religion.
42	42	(6) "Sexual orientation" means the actual or perceived
43	43	status of an individual with respect to the individual's sexuality.
44	44	Sec. 100B.002. APPLICABILITY OF CHAPTER. (a) Except as
45	45	provided by Subsection (b), this chapter does not apply to a
46	46	religious organization.
47	47	(b) This chapter applies to activities conducted by a
48	48	religious organization for profit to the extent that those
49	49	activities are subject to federal taxation under Section 511(a),
50	50	Internal Revenue Code of 1986, as that section existed on September
51	51	1, 2015.
52	52	SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
53	53	Sec. 100B.051. PUBLIC ACCOMMODATIONS. (a) Except as
54	54	provided by Subsection (b), a person commits a discriminatory
55	55	practice and violates this chapter if the person, because of the
56	56	sexual orientation or gender identity or expression of an
57	57	individual:
58	58	(1) denies that individual full and equal
59	59	accommodations in any place of public accommodation in this state,
60	60	subject only to the conditions and limitations established by law
61	61	and applicable to all persons; or
62	62	(2) otherwise discriminates against or segregates or
63	63	separates the individual based on sexual orientation or gender
64	64	identity or expression.
65	65	(b) A person does not commit a discriminatory practice or
66	66	violate this chapter under Subsection (a) if segregation or
67	67	separation of an individual is necessary to provide a service that:
68	68	(1) provides acceptance, support, and understanding
69	69	to the individual;
70	70	(2) assists the individual with coping with the
71	71	individual's sexual orientation or gender identity or expression,
72	72	maintaining social support, and exploring and identifying the
73	73	individual's identity; or
74	74	(3) provides support to an individual undergoing a
75	75	gender transition.
76	76	(c) The services described by Subsection (b)(2) include a
77	77	sexual orientation-neutral intervention for preventing or
78	78	addressing unlawful conduct or unsafe sexual practices if the
79	79	intervention does not seek to change the individual's sexual
80	80	orientation or gender identity or expression.
81	81	SUBCHAPTER C. CAUSE OF ACTION
82	82	Sec. 100B.101. CIVIL ACTION. An aggrieved person may file a
83	83	civil action in district court not later than the second
84	84	anniversary of the occurrence of the termination of an alleged
85	85	discriminatory practice under this chapter to obtain appropriate
86	86	relief with respect to the discriminatory practice.
87	87	Sec. 100B.102. RELIEF GRANTED. In an action under this
88	88	subchapter, if the court finds that a discriminatory practice has
89	89	occurred or is about to occur, the court may award to the plaintiff:
90	90	(1) actual and punitive damages;
91	91	(2) reasonable attorney's fees;
92	92	(3) court costs; and
93	93	(4) any permanent or temporary injunction, temporary
94	94	restraining order, or other order, including an order enjoining the
95	95	defendant from engaging in the practice or ordering other
96	96	appropriate action.
97	97	SECTION 2. Subchapter A, Chapter 2155, Government Code, is
98	98	amended by adding Section 2155.0065 to read as follows:
99	99	Sec. 2155.0065. PROHIBITION AGAINST DISCRIMINATION BY
100	100	STATE CONTRACTOR BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY OR
101	101	EXPRESSION. (a) In this section:
102	102	(1) "Employee" means an individual who is employed by
103	103	a contractor or subcontractor for compensation.
104	104	(2) "Gender identity or expression" means having or
105	105	being perceived as having a gender-related identity, appearance,
106	106	expression, or behavior, regardless of whether that identity,
107	107	appearance, expression, or behavior is different from that commonly
108	108	associated with the individual's actual or perceived sex.
109	109	(3) "Sexual orientation" means the actual or perceived
110	110	status of an individual with respect to the individual's sexuality.
111	111	(b) A state agency contracting with a contractor under this
112	112	subtitle shall require the contractor to adopt and apply an
113	113	employment policy under which the contractor and any subcontractor
114	114	may not, because of sexual orientation or gender identity or
115	115	expression:
116	116	(1) fail or refuse to hire an individual, discharge an
117	117	individual, or discriminate in any other manner against an
118	118	individual in connection with compensation or the terms,
119	119	conditions, or privileges of employment; or
120	120	(2) limit, segregate, or classify an employee or
121	121	applicant for employment in a manner that would deprive or tend to
122	122	deprive an individual of any employment opportunity or adversely
123	123	affect in any other manner the status of an employee.
124	124	(c) Each contract entered into between a state agency and a
125	125	contractor under this subtitle must include terms that:
126	126	(1) authorize an employee of a contractor or
127	127	subcontractor, or an applicant for employment with the contractor
128	128	or subcontractor, to make a verbal or written complaint to the state
129	129	agency regarding the contractor's or subcontractor's noncompliance
130	130	with an employment policy required by Subsection (b);
131	131	(2) explain that, on confirmation of a contractor's
132	132	noncompliance with an employment policy required by Subsection (b)
133	133	that is the subject of a complaint, the state agency shall provide
134	134	to the contractor written notice of the noncompliance by hand
135	135	delivery or certified mail;
136	136	(3) inform a contractor that the state agency may
137	137	impose an administrative penalty if the contractor fails to comply
138	138	with an employment policy required by Subsection (b) after the date
139	139	on which the contractor receives notice under Subdivision (2); and
140	140	(4) explain that an amount equal to the amount of the
141	141	administrative penalty may be withheld from a payment otherwise
142	142	owed to a contractor under a contract.
143	143	(d) The amount of an administrative penalty imposed under
144	144	Subsection (c)(3) is $100 per day for each employee or applicant for
145	145	employment who is discriminated against in violation of an
146	146	employment policy required by Subsection (b).
147	147	(e) Each state agency shall develop procedures for the
148	148	administration of this section.
149	149	SECTION 3. Section 21.002, Labor Code, is amended by adding
150	150	Subdivisions (9-a) and (13-a) to read as follows:
151	151	(9-a) "Gender identity or expression" means having or
152	152	being perceived as having a gender-related identity, appearance,
153	153	expression, or behavior, regardless of whether that identity,
154	154	appearance, expression, or behavior is different from that commonly
155	155	associated with the individual's actual or perceived sex.
156	156	(13-a) "Sexual orientation" means the actual or
157	157	perceived status of an individual with respect to the individual's
158	158	sexuality.
159	159	SECTION 4. Section 21.051, Labor Code, is amended to read as
160	160	follows:
161	161	Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
162	162	commits an unlawful employment practice if because of race, color,
163	163	disability, religion, sex, national origin, [or] age, sexual
164	164	orientation, or gender identity or expression the employer:
165	165	(1) fails or refuses to hire an individual, discharges
166	166	an individual, or discriminates in any other manner against an
167	167	individual in connection with compensation or the terms,
168	168	conditions, or privileges of employment; or
169	169	(2) limits, segregates, or classifies an employee or
170	170	applicant for employment in a manner that would deprive or tend to
171	171	deprive an individual of any employment opportunity or adversely
172	172	affect in any other manner the status of an employee.
173	173	SECTION 5. Section 21.052, Labor Code, is amended to read as
174	174	follows:
175	175	Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
176	176	employment agency commits an unlawful employment practice if the
177	177	employment agency:
178	178	(1) fails or refuses to refer for employment or
179	179	discriminates in any other manner against an individual because of
180	180	race, color, disability, religion, sex, national origin, [or] age,
181	181	sexual orientation, or gender identity or expression; or
182	182	(2) classifies or refers an individual for employment
183	183	on the basis of race, color, disability, religion, sex, national
184	184	origin, [or] age, sexual orientation, or gender identity or
185	185	expression.
186	186	SECTION 6. Section 21.053, Labor Code, is amended to read as
187	187	follows:
188	188	Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
189	189	organization commits an unlawful employment practice if because of
190	190	race, color, disability, religion, sex, national origin, [or] age,
191	191	sexual orientation, or gender identity or expression the labor
192	192	organization:
193	193	(1) excludes or expels from membership or
194	194	discriminates in any other manner against an individual; or
195	195	(2) limits, segregates, or classifies a member or an
196	196	applicant for membership or classifies or fails or refuses to refer
197	197	for employment an individual in a manner that would:
198	198	(A) deprive or tend to deprive an individual of
199	199	any employment opportunity;
200	200	(B) limit an employment opportunity or adversely
201	201	affect in any other manner the status of an employee or of an
202	202	applicant for employment; or
203	203	(C) cause or attempt to cause an employer to
204	204	violate this subchapter.
205	205	SECTION 7. Section 21.054(a), Labor Code, is amended to
206	206	read as follows:
207	207	(a) Unless a training or retraining opportunity or program
208	208	is provided under an affirmative action plan approved under a
209	209	federal law, rule, or order, an employer, labor organization, or
210	210	joint labor-management committee controlling an apprenticeship,
211	211	on-the-job training, or other training or retraining program
212	212	commits an unlawful employment practice if the employer, labor
213	213	organization, or committee discriminates against an individual
214	214	because of race, color, disability, religion, sex, national origin,
215	215	[or] age, sexual orientation, or gender identity or expression in
216	216	admission to or participation in the program.
217	217	SECTION 8. Section 21.059(a), Labor Code, is amended to
218	218	read as follows:
219	219	(a) An employer, labor organization, employment agency, or
220	220	joint labor-management committee controlling an apprenticeship,
221	221	on-the-job training, or other training or retraining program
222	222	commits an unlawful employment practice if the employer, labor
223	223	organization, employment agency, or committee prints or publishes
224	224	or causes to be printed or published a notice or advertisement
225	225	relating to employment that:
226	226	(1) indicates a preference, limitation,
227	227	specification, or discrimination based on race, color, disability,
228	228	religion, sex, national origin, [or] age, sexual orientation, or
229	229	gender identity or expression; and
230	230	(2) concerns an employee's status, employment, or
231	231	admission to or membership or participation in a labor union or
232	232	training or retraining program.
233	233	SECTION 9. Section 21.102(c), Labor Code, is amended to
234	234	read as follows:
235	235	(c) This section does not apply to standards of compensation
236	236	or terms, conditions, or privileges of employment that are
237	237	discriminatory on the basis of race, color, disability, religion,
238	238	sex, national origin, [or] age, sexual orientation, or gender
239	239	identity or expression.
240	240	SECTION 10. Section 21.112, Labor Code, is amended to read
241	241	as follows:
242	242	Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
243	243	does not commit an unlawful employment practice by applying to
244	244	employees who work in different locations different standards of
245	245	compensation or different terms, conditions, or privileges of
246	246	employment that are not discriminatory on the basis of race, color,
247	247	disability, religion, sex, national origin, [or] age, sexual
248	248	orientation, or gender identity or expression.
249	249	SECTION 11. Section 21.113, Labor Code, is amended to read
250	250	as follows:
251	251	Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter
252	252	does not require a person subject to this chapter to grant
253	253	preferential treatment to an individual or a group on the basis of
254	254	race, color, disability, religion, sex, national origin, [or] age,
255	255	sexual orientation, or gender identity or expression because of an
256	256	imbalance between:
257	257	(1) the total number or percentage of persons of that
258	258	individual's or group's race, color, disability, religion, sex,
259	259	national origin, [or] age, sexual orientation, or gender identity
260	260	or expression:
261	261	(A) employed by an employer;
262	262	(B) referred or classified for employment by an
263	263	employment agency or labor organization;
264	264	(C) admitted to membership or classified by a
265	265	labor organization; or
266	266	(D) admitted to or employed in an apprenticeship,
267	267	on-the-job training, or other training or retraining program; and
268	268	(2) the total number or percentage of persons of that
269	269	race, color, disability, religion, sex, national origin, [or] age,
270	270	sexual orientation, or gender identity or expression in:
271	271	(A) a community, this state, a region, or other
272	272	area; or
273	273	(B) the available work force in a community, this
274	274	state, a region, or other area.
275	275	SECTION 12. Section 21.120(b), Labor Code, is amended to
276	276	read as follows:
277	277	(b) Subsection (a) does not apply to a policy adopted or
278	278	applied with the intent to discriminate because of race, color,
279	279	sex, national origin, religion, age, [or] disability, sexual
280	280	orientation, or gender identity or expression.
281	281	SECTION 13. Section 21.122(a), Labor Code, is amended to
282	282	read as follows:
283	283	(a) An unlawful employment practice based on disparate
284	284	impact is established under this chapter only if:
285	285	(1) a complainant demonstrates that a respondent uses
286	286	a particular employment practice that causes a disparate impact on
287	287	the basis of race, color, sex, national origin, religion, [or]
288	288	disability, sexual orientation, or gender identity or expression
289	289	and the respondent fails to demonstrate that the challenged
290	290	practice is job-related for the position in question and consistent
291	291	with business necessity; or
292	292	(2) the complainant makes the demonstration in
293	293	accordance with federal law as that law existed June 4, 1989, with
294	294	respect to the concept of alternative employment practices, and the
295	295	respondent refuses to adopt such an alternative employment
296	296	practice.
297	297	SECTION 14. Section 21.124, Labor Code, is amended to read
298	298	as follows:
299	299	Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
300	300	SCORES. It is an unlawful employment practice for a respondent, in
301	301	connection with the selection or referral of applicants for
302	302	employment or promotion, to adjust the scores of, use different
303	303	cutoff scores for, or otherwise alter the results of
304	304	employment-related tests on the basis of race, color, sex, national
305	305	origin, religion, age, [or] disability, sexual orientation, or
306	306	gender identity or expression.
307	307	SECTION 15. The heading to Section 21.125, Labor Code, is
308	308	amended to read as follows:
309	309	Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
310	310	CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
311	311	[OR] DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY OR
312	312	EXPRESSION IN EMPLOYMENT PRACTICES.
313	313	SECTION 16. Section 21.125(a), Labor Code, is amended to
314	314	read as follows:
315	315	(a) Except as otherwise provided by this chapter, an
316	316	unlawful employment practice is established when the complainant
317	317	demonstrates that race, color, sex, national origin, religion, age,
318	318	[or] disability, sexual orientation, or gender identity or
319	319	expression was a motivating factor for an employment practice, even
320	320	if other factors also motivated the practice, unless race, color,
321	321	sex, national origin, religion, age, [or] disability, sexual
322	322	orientation, or gender identity or expression is combined with
323	323	objective job-related factors to attain diversity in the employer's
324	324	work force.
325	325	SECTION 17. Section 21.126, Labor Code, is amended to read
326	326	as follows:
327	327	Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
328	328	STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
329	329	employment practice for a person elected to public office in this
330	330	state or a political subdivision of this state to discriminate
331	331	because of race, color, sex, national origin, religion, age, [or]
332	332	disability, sexual orientation, or gender identity or expression
333	333	against an individual who is an employee or applicant for
334	334	employment to:
335	335	(1) serve on the elected official's personal staff;
336	336	(2) serve the elected official on a policy-making
337	337	level; or
338	338	(3) serve the elected official as an immediate advisor
339	339	with respect to the exercise of the constitutional or legal powers
340	340	of the office.
341	341	SECTION 18. Section 21.152(a), Labor Code, is amended to
342	342	read as follows:
343	343	(a) A political subdivision or two or more political
344	344	subdivisions acting jointly may create a local commission to:
345	345	(1) promote the purposes of this chapter; and
346	346	(2) secure for all individuals in the jurisdiction of
347	347	each political subdivision freedom from discrimination because of
348	348	race, color, disability, religion, sex, national origin, [or] age,
349	349	sexual orientation, or gender identity or expression.
350	350	SECTION 19. Section 21.155(a), Labor Code, is amended to
351	351	read as follows:
352	352	(a) The commission [Commission on Human Rights] shall refer
353	353	a complaint concerning discrimination in employment because of
354	354	race, color, disability, religion, sex, national origin, [or] age,
355	355	sexual orientation, or gender identity or expression that is filed
356	356	with that commission to a local commission with the necessary
357	357	investigatory and conciliatory powers if:
358	358	(1) the complaint has been referred to the commission
359	359	[Commission on Human Rights] by the federal government; or
360	360	(2) jurisdiction over the subject matter of the
361	361	complaint has been deferred to the commission [Commission on Human
362	362	Rights] by the federal government.
363	363	SECTION 20. Section 301.003, Property Code, is amended by
364	364	amending Subdivision (6) and adding Subdivisions (9-a) and (10-a)
365	365	to read as follows:
366	366	(6) "Disability" means a mental or physical impairment
367	367	that substantially limits at least one major life activity, a
368	368	record of the impairment, or being regarded as having the
369	369	impairment. The term does not include current illegal use of or
370	370	addiction to any drug or illegal or federally controlled substance
371	371	[and does not apply to an individual because of an individual's
372	372	sexual orientation or because that individual is a transvestite].
373	373	(9-a) "Gender identity or expression" means having or
374	374	being perceived as having a gender-related identity, appearance,
375	375	expression, or behavior, regardless of whether that identity,
376	376	appearance, expression, or behavior is different from that commonly
377	377	associated with the individual's actual or perceived sex.
378	378	(10-a) "Sexual orientation" means the actual or
379	379	perceived status of an individual with respect to the individual's
380	380	sexuality.
381	381	SECTION 21. Sections 301.021(a) and (b), Property Code, are
382	382	amended to read as follows:
383	383	(a) A person may not refuse to sell or rent, after the making
384	384	of a bona fide offer, refuse to negotiate for the sale or rental of,
385	385	or in any other manner make unavailable or deny a dwelling to
386	386	another because of race, color, religion, sex, familial status,
387	387	[or] national origin, sexual orientation, or gender identity or
388	388	expression.
389	389	(b) A person may not discriminate against another in the
390	390	terms, conditions, or privileges of sale or rental of a dwelling or
391	391	in providing services or facilities in connection with a sale or
392	392	rental of a dwelling because of race, color, religion, sex,
393	393	familial status, [or] national origin, sexual orientation, or
394	394	gender identity or expression.
395	395	SECTION 22. Section 301.022, Property Code, is amended to
396	396	read as follows:
397	397	Sec. 301.022. PUBLICATION. A person may not make, print, or
398	398	publish or effect the making, printing, or publishing of a notice,
399	399	statement, or advertisement that is about the sale or rental of a
400	400	dwelling and that indicates any preference, limitation, or
401	401	discrimination or the intention to make a preference, limitation,
402	402	or discrimination because of race, color, religion, sex,
403	403	disability, familial status, [or] national origin, sexual
404	404	orientation, or gender identity or expression.
405	405	SECTION 23. Section 301.023, Property Code, is amended to
406	406	read as follows:
407	407	Sec. 301.023. INSPECTION. A person may not represent to
408	408	another because of race, color, religion, sex, disability, familial
409	409	status, [or] national origin, sexual orientation, or gender
410	410	identity or expression that a dwelling is not available for
411	411	inspection for sale or rental when the dwelling is available for
412	412	inspection.
413	413	SECTION 24. Section 301.024, Property Code, is amended to
414	414	read as follows:
415	415	Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
416	416	for profit, induce or attempt to induce another to sell or rent a
417	417	dwelling by representations regarding the entry or prospective
418	418	entry into a neighborhood of a person of a particular race, color,
419	419	religion, sex, disability, familial status, [or] national origin,
420	420	sexual orientation, or gender identity or expression.
421	421	SECTION 25. Section 301.026(a), Property Code, is amended
422	422	to read as follows:
423	423	(a) A person whose business includes engaging in
424	424	residential real estate related transactions may not discriminate
425	425	against another in making a real estate related transaction
426	426	available or in the terms or conditions of a real estate related
427	427	transaction because of race, color, religion, sex, disability,
428	428	familial status, [or] national origin, sexual orientation, or
429	429	gender identity or expression.
430	430	SECTION 26. Section 301.027, Property Code, is amended to
431	431	read as follows:
432	432	Sec. 301.027. BROKERAGE SERVICES. A person may not deny
433	433	another access to, or membership or participation in, a
434	434	multiple-listing service, real estate brokers' organization, or
435	435	other service, organization, or facility relating to the business
436	436	of selling or renting dwellings, or discriminate against a person
437	437	in the terms or conditions of access, membership, or participation
438	438	in such an organization, service, or facility because of race,
439	439	color, religion, sex, disability, familial status, [or] national
440	440	origin, sexual orientation, or gender identity or expression.
441	441	SECTION 27. Sections 301.042(a) and (c), Property Code, are
442	442	amended to read as follows:
443	443	(a) This chapter does not prohibit a religious
444	444	organization, association, or society or a nonprofit institution or
445	445	organization operated, supervised, or controlled by or in
446	446	conjunction with a religious organization, association, or society
447	447	from:
448	448	(1) limiting the sale, rental, or occupancy of
449	449	dwellings that it owns or operates for other than a commercial
450	450	purpose to persons of the same religion; or
451	451	(2) giving preference to persons of the same religion,
452	452	unless membership in the religion is restricted because of race,
453	453	color, sex, disability, familial status, [or] national origin,
454	454	sexual orientation, or gender identity or expression.
455	455	(c) This chapter does not prohibit a person engaged in the
456	456	business of furnishing appraisals of real property from considering
457	457	in those appraisals factors other than race, color, religion, sex,
458	458	disability, familial status, [or] national origin, sexual
459	459	orientation, or gender identity or expression.
460	460	SECTION 28. Section 301.068, Property Code, is amended to
461	461	read as follows:
462	462	Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
463	463	Subsection (b), the [The] commission may defer proceedings under
464	464	this chapter and refer a complaint to a municipality that has been
465	465	certified by the federal Department of Housing and Urban
466	466	Development as a substantially equivalent fair housing agency.
467	467	(b) The commission may not defer proceedings and refer a
468	468	complaint under Subsection (a) to a municipality in which the
469	469	alleged discrimination occurred if:
470	470	(1) the complaint alleges discrimination based on
471	471	sexual orientation or gender identity or expression; and
472	472	(2) the municipality does not have laws prohibiting
473	473	the alleged discrimination.
474	474	SECTION 29. Section 301.171(a), Property Code, is amended
475	475	to read as follows:
476	476	(a) A person commits an offense if the person, without
477	477	regard to whether the person is acting under color of law, by force
478	478	or threat of force intentionally intimidates or interferes with a
479	479	person:
480	480	(1) because of the person's race, color, religion,
481	481	sex, disability, familial status, [or] national origin, sexual
482	482	orientation, or gender identity or expression and because the
483	483	person is or has been selling, purchasing, renting, financing,
484	484	occupying, or contracting or negotiating for the sale, purchase,
485	485	rental, financing, or occupation of any dwelling or applying for or
486	486	participating in a service, organization, or facility relating to
487	487	the business of selling or renting dwellings; or
488	488	(2) because the person is or has been or to intimidate
489	489	the person from:
490	490	(A) participating, without discrimination
491	491	because of race, color, religion, sex, disability, familial status,
492	492	[or] national origin, sexual orientation, or gender identity or
493	493	expression, in an activity, service, organization, or facility
494	494	described by Subdivision (1); [or]
495	495	(B) affording another person opportunity or
496	496	protection to so participate; or
497	497	(C) lawfully aiding or encouraging other persons
498	498	to participate, without discrimination because of race, color,
499	499	religion, sex, disability, familial status, [or] national origin,
500	500	sexual orientation, or gender identity or expression, in an
501	501	activity, service, organization, or facility described by
502	502	Subdivision (1).
503	503	SECTION 30. (a) Section 2155.0065, Government Code, as
504	504	added by this Act, applies only to a contract for which a state
505	505	agency first advertises or otherwise solicits bids, proposals,
506	506	offers, qualifications, or other similar expressions of interest on
507	507	or after the effective date of this Act.
508	508	(b) The changes in law made by this Act to the Labor Code
509	509	apply to conduct occurring on or after the effective date of this
510	510	Act. Conduct occurring before that date is governed by the law in
511	511	effect on the date the conduct occurred, and the former law is
512	512	continued in effect for that purpose.
513	513	(c) The changes in law made by this Act to the Property Code
514	514	apply only to a complaint filed with the Texas Workforce Commission
515	515	civil rights division on or after the effective date of this Act. A
516	516	complaint filed before that date is governed by the law as it
517	517	existed immediately before the effective date of this Act, and that
518	518	law is continued in effect for that purpose.
519	519	SECTION 31. This Act takes effect September 1, 2015.