Texas 2019 - 86th Regular

Texas House Bill HB254 Compare Versions

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

Old	New	Differences
1	1	86R1775 LED-F
2	2	By: Bernal H.B. No. 254
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 a criminal 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 a 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 assigned
28	28	or designated at birth.
29	29	(4) "Public accommodation" means a business or other
30	30	entity that offers to the public food, shelter, recreation, or
31	31	amusement, or any other goods, service, privilege, facility, or
32	32	accommodation.
33	33	(5) "Religious organization" means:
34	34	(A) a religious corporation, association, or
35	35	society; or
36	36	(B) a school, institution of higher education, or
37	37	other educational institution, not otherwise a religious
38	38	organization, that:
39	39	(i) is wholly or substantially controlled,
40	40	managed, owned, or supported by a religious organization; or
41	41	(ii) has a curriculum directed toward the
42	42	propagation of a particular religion.
43	43	(6) "Sexual orientation" means the actual or perceived
44	44	status of an individual with respect to the individual's sexuality.
45	45	Sec. 100B.002. APPLICABILITY OF CHAPTER. (a) Except as
46	46	provided by Subsection (b), this chapter does not apply to a
47	47	religious organization.
48	48	(b) This chapter applies to activities conducted by a
49	49	religious organization for profit to the extent that those
50	50	activities are subject to federal taxation under Section 511(a),
51	51	Internal Revenue Code of 1986, as that section existed on September
52	52	1, 2019.
53	53	SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
54	54	Sec. 100B.051. PUBLIC ACCOMMODATIONS. (a) Except as
55	55	provided by Subsection (b), a person engages in a discriminatory
56	56	practice and violates this chapter if the person, because of the
57	57	sexual orientation or gender identity or expression of an
58	58	individual:
59	59	(1) denies that individual full and equal
60	60	accommodations in any place of public accommodation in this state,
61	61	subject only to the conditions and limitations established by law
62	62	and applicable to all persons; or
63	63	(2) otherwise discriminates against or segregates or
64	64	separates the individual based on sexual orientation or gender
65	65	identity or expression.
66	66	(b) A person does not engage in a discriminatory practice or
67	67	violate this chapter under Subsection (a) if segregation or
68	68	separation of an individual is necessary to provide a service that:
69	69	(1) provides acceptance, support, and understanding
70	70	to the individual;
71	71	(2) assists the individual with coping with the
72	72	individual's sexual orientation or gender identity or expression,
73	73	maintaining social support, and exploring and identifying the
74	74	individual's identity; or
75	75	(3) provides support to an individual undergoing a
76	76	gender transition.
77	77	(c) The services described by Subsection (b)(2) include a
78	78	sexual orientation-neutral intervention for preventing or
79	79	addressing unlawful conduct or unsafe sexual practices if the
80	80	intervention does not seek to change the individual's sexual
81	81	orientation or gender identity or expression.
82	82	SUBCHAPTER C. CAUSE OF ACTION
83	83	Sec. 100B.101. CIVIL ACTION. An aggrieved person may file a
84	84	civil action in district court not later than the second
85	85	anniversary of the occurrence of the termination of an alleged
86	86	discriminatory practice under this chapter to obtain appropriate
87	87	relief with respect to the discriminatory practice.
88	88	Sec. 100B.102. RELIEF GRANTED. In an action under this
89	89	subchapter, if the court finds that a discriminatory practice has
90	90	occurred or is about to occur, the court may award to the plaintiff:
91	91	(1) actual and punitive damages;
92	92	(2) reasonable attorney's fees;
93	93	(3) court costs; and
94	94	(4) any permanent or temporary injunction, temporary
95	95	restraining order, or other order, including an order enjoining the
96	96	defendant from engaging in the practice or ordering other
97	97	appropriate action.
98	98	SECTION 2. Subchapter A, Chapter 2155, Government Code, is
99	99	amended by adding Section 2155.0065 to read as follows:
100	100	Sec. 2155.0065. PROHIBITION AGAINST DISCRIMINATION BY
101	101	STATE CONTRACTOR BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY OR
102	102	EXPRESSION. (a) In this section:
103	103	(1) "Employee" means an individual who is employed by
104	104	a contractor or subcontractor for compensation.
105	105	(2) "Gender identity or expression" means having or
106	106	being perceived as having a gender-related identity, appearance,
107	107	expression, or behavior, regardless of whether that identity,
108	108	appearance, expression, or behavior is different from that commonly
109	109	associated with the individual's actual or perceived sex assigned
110	110	or designated at birth.
111	111	(3) "Sexual orientation" means the actual or perceived
112	112	status of an individual with respect to the individual's sexuality.
113	113	(b) A state agency contracting with a contractor under this
114	114	subtitle shall require the contractor to adopt and apply an
115	115	employment policy under which the contractor and any subcontractor
116	116	may not, because of sexual orientation or gender identity or
117	117	expression:
118	118	(1) fail or refuse to hire an individual, discharge an
119	119	individual, or discriminate in any other manner against an
120	120	individual in connection with compensation or the terms,
121	121	conditions, or privileges of employment; or
122	122	(2) limit, segregate, or classify an employee or
123	123	applicant for employment in a manner that would deprive or tend to
124	124	deprive an individual of any employment opportunity or adversely
125	125	affect in any other manner the status of an employee.
126	126	(c) Each contract entered into between a state agency and a
127	127	contractor under this subtitle must include terms that:
128	128	(1) authorize an employee of a contractor or
129	129	subcontractor, or an applicant for employment with the contractor
130	130	or subcontractor, to make a verbal or written complaint to the state
131	131	agency regarding the contractor's or subcontractor's noncompliance
132	132	with an employment policy required by Subsection (b);
133	133	(2) explain that, on confirmation of a contractor's or
134	134	subcontractor's noncompliance with an employment policy required
135	135	by Subsection (b) that is the subject of a complaint, the state
136	136	agency shall provide to the contractor written notice of the
137	137	noncompliance by hand delivery or certified mail;
138	138	(3) inform a contractor that the state agency may
139	139	impose an administrative penalty if the contractor fails to comply
140	140	with an employment policy required by Subsection (b) after the date
141	141	on which the contractor receives notice under Subdivision (2); and
142	142	(4) explain that an amount equal to the amount of the
143	143	administrative penalty may be withheld from a payment otherwise
144	144	owed to a contractor under a contract.
145	145	(d) The amount of an administrative penalty imposed under
146	146	Subsection (c)(3) is $100 per day for each employee or applicant for
147	147	employment who is discriminated against in violation of an
148	148	employment policy required by Subsection (b).
149	149	(e) Each state agency shall develop procedures for the
150	150	administration of this section.
151	151	SECTION 3. Section 21.002, Labor Code, is amended by adding
152	152	Subdivisions (9-a) and (13-a) to read as follows:
153	153	(9-a) "Gender identity or expression" means having or
154	154	being perceived as having a gender-related identity, appearance,
155	155	expression, or behavior, regardless of whether that identity,
156	156	appearance, expression, or behavior is different from that commonly
157	157	associated with the individual's actual or perceived sex assigned
158	158	or designated at birth.
159	159	(13-a) "Sexual orientation" means the actual or
160	160	perceived status of an individual with respect to the individual's
161	161	sexuality.
162	162	SECTION 4. Section 21.051, Labor Code, is amended to read as
163	163	follows:
164	164	Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
165	165	commits an unlawful employment practice if because of race, color,
166	166	disability, religion, sex, national origin, [or] age, sexual
167	167	orientation, or gender identity or expression the employer:
168	168	(1) fails or refuses to hire an individual, discharges
169	169	an individual, or discriminates in any other manner against an
170	170	individual in connection with compensation or the terms,
171	171	conditions, or privileges of employment; or
172	172	(2) limits, segregates, or classifies an employee or
173	173	applicant for employment in a manner that would deprive or tend to
174	174	deprive an individual of any employment opportunity or adversely
175	175	affect in any other manner the status of an employee.
176	176	SECTION 5. Section 21.052, Labor Code, is amended to read as
177	177	follows:
178	178	Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
179	179	employment agency commits an unlawful employment practice if the
180	180	employment agency:
181	181	(1) fails or refuses to refer for employment or
182	182	discriminates in any other manner against an individual because of
183	183	race, color, disability, religion, sex, national origin, [or] age,
184	184	sexual orientation, or gender identity or expression; or
185	185	(2) classifies or refers an individual for employment
186	186	on the basis of race, color, disability, religion, sex, national
187	187	origin, [or] age, sexual orientation, or gender identity or
188	188	expression.
189	189	SECTION 6. Section 21.053, Labor Code, is amended to read as
190	190	follows:
191	191	Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
192	192	organization commits an unlawful employment practice if because of
193	193	race, color, disability, religion, sex, national origin, [or] age,
194	194	sexual orientation, or gender identity or expression the labor
195	195	organization:
196	196	(1) excludes or expels from membership or
197	197	discriminates in any other manner against an individual; or
198	198	(2) limits, segregates, or classifies a member or an
199	199	applicant for membership or classifies or fails or refuses to refer
200	200	for employment an individual in a manner that would:
201	201	(A) deprive or tend to deprive an individual of
202	202	any employment opportunity;
203	203	(B) limit an employment opportunity or adversely
204	204	affect in any other manner the status of an employee or of an
205	205	applicant for employment; or
206	206	(C) cause or attempt to cause an employer to
207	207	violate this subchapter.
208	208	SECTION 7. Section 21.054(a), Labor Code, is amended to
209	209	read as follows:
210	210	(a) Unless a training or retraining opportunity or program
211	211	is provided under an affirmative action plan approved under a
212	212	federal law, rule, or order, an employer, labor organization, or
213	213	joint labor-management committee controlling an apprenticeship,
214	214	on-the-job training, or other training or retraining program
215	215	commits an unlawful employment practice if the employer, labor
216	216	organization, or committee discriminates against an individual
217	217	because of race, color, disability, religion, sex, national origin,
218	218	[or] age, sexual orientation, or gender identity or expression in
219	219	admission to or participation in the program.
220	220	SECTION 8. Section 21.059(a), Labor Code, is amended to
221	221	read as follows:
222	222	(a) An employer, labor organization, employment agency, or
223	223	joint labor-management committee controlling an apprenticeship,
224	224	on-the-job training, or other training or retraining program
225	225	commits an unlawful employment practice if the employer, labor
226	226	organization, employment agency, or committee prints or publishes
227	227	or causes to be printed or published a notice or advertisement
228	228	relating to employment that:
229	229	(1) indicates a preference, limitation,
230	230	specification, or discrimination based on race, color, disability,
231	231	religion, sex, national origin, [or] age, sexual orientation, or
232	232	gender identity or expression; and
233	233	(2) concerns an employee's status, employment, or
234	234	admission to or membership or participation in a labor union or
235	235	training or retraining program.
236	236	SECTION 9. Section 21.102(c), Labor Code, is amended to
237	237	read as follows:
238	238	(c) This section does not apply to standards of compensation
239	239	or terms, conditions, or privileges of employment that are
240	240	discriminatory on the basis of race, color, disability, religion,
241	241	sex, national origin, [or] age, sexual orientation, or gender
242	242	identity or expression.
243	243	SECTION 10. Section 21.112, Labor Code, is amended to read
244	244	as follows:
245	245	Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
246	246	does not commit an unlawful employment practice by applying to
247	247	employees who work in different locations different standards of
248	248	compensation or different terms, conditions, or privileges of
249	249	employment that are not discriminatory on the basis of race, color,
250	250	disability, religion, sex, national origin, [or] age, sexual
251	251	orientation, or gender identity or expression.
252	252	SECTION 11. Section 21.113, Labor Code, is amended to read
253	253	as follows:
254	254	Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter
255	255	does not require a person subject to this chapter to grant
256	256	preferential treatment to an individual or a group on the basis of
257	257	race, color, disability, religion, sex, national origin, [or] age,
258	258	sexual orientation, or gender identity or expression because of an
259	259	imbalance between:
260	260	(1) the total number or percentage of persons of that
261	261	individual's or group's race, color, disability, religion, sex,
262	262	national origin, [or] age, sexual orientation, or gender identity
263	263	or expression:
264	264	(A) employed by an employer;
265	265	(B) referred or classified for employment by an
266	266	employment agency or labor organization;
267	267	(C) admitted to membership or classified by a
268	268	labor organization; or
269	269	(D) admitted to or employed in an apprenticeship,
270	270	on-the-job training, or other training or retraining program; and
271	271	(2) the total number or percentage of persons of that
272	272	race, color, disability, religion, sex, national origin, [or] age,
273	273	sexual orientation, or gender identity or expression in:
274	274	(A) a community, this state, a region, or other
275	275	area; or
276	276	(B) the available work force in a community, this
277	277	state, a region, or other area.
278	278	SECTION 12. Section 21.120(b), Labor Code, is amended to
279	279	read as follows:
280	280	(b) Subsection (a) does not apply to a policy adopted or
281	281	applied with the intent to discriminate because of race, color,
282	282	sex, national origin, religion, age, [or] disability, sexual
283	283	orientation, or gender identity or expression.
284	284	SECTION 13. Section 21.122(a), Labor Code, is amended to
285	285	read as follows:
286	286	(a) An unlawful employment practice based on disparate
287	287	impact is established under this chapter only if:
288	288	(1) a complainant demonstrates that a respondent uses
289	289	a particular employment practice that causes a disparate impact on
290	290	the basis of race, color, sex, national origin, religion, [or]
291	291	disability, sexual orientation, or gender identity or expression
292	292	and the respondent fails to demonstrate that the challenged
293	293	practice is job-related for the position in question and consistent
294	294	with business necessity; or
295	295	(2) the complainant makes the demonstration in
296	296	accordance with federal law as that law existed June 4, 1989, with
297	297	respect to the concept of alternative employment practices, and the
298	298	respondent refuses to adopt such an alternative employment
299	299	practice.
300	300	SECTION 14. Section 21.124, Labor Code, is amended to read
301	301	as follows:
302	302	Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
303	303	SCORES. It is an unlawful employment practice for a respondent, in
304	304	connection with the selection or referral of applicants for
305	305	employment or promotion, to adjust the scores of, use different
306	306	cutoff scores for, or otherwise alter the results of
307	307	employment-related tests on the basis of race, color, sex, national
308	308	origin, religion, age, [or] disability, sexual orientation, or
309	309	gender identity or expression.
310	310	SECTION 15. The heading to Section 21.125, Labor Code, is
311	311	amended to read as follows:
312	312	Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
313	313	CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
314	314	[OR] DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY OR
315	315	EXPRESSION IN EMPLOYMENT PRACTICES.
316	316	SECTION 16. Section 21.125(a), Labor Code, is amended to
317	317	read as follows:
318	318	(a) Except as otherwise provided by this chapter, an
319	319	unlawful employment practice is established when the complainant
320	320	demonstrates that race, color, sex, national origin, religion, age,
321	321	[or] disability, sexual orientation, or gender identity or
322	322	expression was a motivating factor for an employment practice, even
323	323	if other factors also motivated the practice, unless race, color,
324	324	sex, national origin, religion, age, [or] disability, sexual
325	325	orientation, or gender identity or expression is combined with
326	326	objective job-related factors to attain diversity in the employer's
327	327	work force.
328	328	SECTION 17. Section 21.126, Labor Code, is amended to read
329	329	as follows:
330	330	Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
331	331	STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
332	332	employment practice for a person elected to public office in this
333	333	state or a political subdivision of this state to discriminate
334	334	because of race, color, sex, national origin, religion, age, [or]
335	335	disability, sexual orientation, or gender identity or expression
336	336	against an individual who is an employee or applicant for
337	337	employment to:
338	338	(1) serve on the elected official's personal staff;
339	339	(2) serve the elected official on a policy-making
340	340	level; or
341	341	(3) serve the elected official as an immediate advisor
342	342	with respect to the exercise of the constitutional or legal powers
343	343	of the office.
344	344	SECTION 18. Section 21.152(a), Labor Code, is amended to
345	345	read as follows:
346	346	(a) A political subdivision or two or more political
347	347	subdivisions acting jointly may create a local commission to:
348	348	(1) promote the purposes of this chapter; and
349	349	(2) secure for all individuals in the jurisdiction of
350	350	each political subdivision freedom from discrimination because of
351	351	race, color, disability, religion, sex, national origin, [or] age,
352	352	sexual orientation, or gender identity or expression.
353	353	SECTION 19. Section 21.155(a), Labor Code, is amended to
354	354	read as follows:
355	355	(a) The commission [Commission on Human Rights] shall refer
356	356	a complaint concerning discrimination in employment because of
357	357	race, color, disability, religion, sex, national origin, [or] age,
358	358	sexual orientation, or gender identity or expression that is filed
359	359	with that commission to a local commission with the necessary
360	360	investigatory and conciliatory powers if:
361	361	(1) the complaint has been referred to the commission
362	362	[Commission on Human Rights] by the federal government; or
363	363	(2) jurisdiction over the subject matter of the
364	364	complaint has been deferred to the commission [Commission on Human
365	365	Rights] by the federal government.
366	366	SECTION 20. Section 301.003, Property Code, is amended by
367	367	amending Subdivision (6) and adding Subdivisions (9-a) and (10-a)
368	368	to read as follows:
369	369	(6) "Disability" means a mental or physical impairment
370	370	that substantially limits at least one major life activity, a
371	371	record of the impairment, or being regarded as having the
372	372	impairment. The term does not include current illegal use of or
373	373	addiction to any drug or illegal or federally controlled substance
374	374	[and does not apply to an individual because of an individual's
375	375	sexual orientation or because that individual is a transvestite].
376	376	(9-a) "Gender identity or expression" means having or
377	377	being perceived as having a gender-related identity, appearance,
378	378	expression, or behavior, regardless of whether that identity,
379	379	appearance, expression, or behavior is different from that commonly
380	380	associated with the individual's actual or perceived sex assigned
381	381	or designated at birth.
382	382	(10-a) "Sexual orientation" means the actual or
383	383	perceived status of an individual with respect to the individual's
384	384	sexuality.
385	385	SECTION 21. Sections 301.021(a) and (b), Property Code, are
386	386	amended to read as follows:
387	387	(a) A person may not refuse to sell or rent, after the making
388	388	of a bona fide offer, refuse to negotiate for the sale or rental of,
389	389	or in any other manner make unavailable or deny a dwelling to
390	390	another because of race, color, religion, sex, familial status,
391	391	[or] national origin, sexual orientation, or gender identity or
392	392	expression.
393	393	(b) A person may not discriminate against another in the
394	394	terms, conditions, or privileges of sale or rental of a dwelling or
395	395	in providing services or facilities in connection with a sale or
396	396	rental of a dwelling because of race, color, religion, sex,
397	397	familial status, [or] national origin, sexual orientation, or
398	398	gender identity or expression.
399	399	SECTION 22. Section 301.022, Property Code, is amended to
400	400	read as follows:
401	401	Sec. 301.022. PUBLICATION. A person may not make, print, or
402	402	publish or effect the making, printing, or publishing of a notice,
403	403	statement, or advertisement that is about the sale or rental of a
404	404	dwelling and that indicates any preference, limitation, or
405	405	discrimination or the intention to make a preference, limitation,
406	406	or discrimination because of race, color, religion, sex,
407	407	disability, familial status, [or] national origin, sexual
408	408	orientation, or gender identity or expression.
409	409	SECTION 23. Section 301.023, Property Code, is amended to
410	410	read as follows:
411	411	Sec. 301.023. INSPECTION. A person may not represent to
412	412	another because of race, color, religion, sex, disability, familial
413	413	status, [or] national origin, sexual orientation, or gender
414	414	identity or expression that a dwelling is not available for
415	415	inspection for sale or rental when the dwelling is available for
416	416	inspection.
417	417	SECTION 24. Section 301.024, Property Code, is amended to
418	418	read as follows:
419	419	Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
420	420	for profit, induce or attempt to induce another to sell or rent a
421	421	dwelling by representations regarding the entry or prospective
422	422	entry into a neighborhood of a person of a particular race, color,
423	423	religion, sex, disability, familial status, [or] national origin,
424	424	sexual orientation, or gender identity or expression.
425	425	SECTION 25. Section 301.026(a), Property Code, is amended
426	426	to read as follows:
427	427	(a) A person whose business includes engaging in
428	428	residential real estate related transactions may not discriminate
429	429	against another in making a real estate related transaction
430	430	available or in the terms or conditions of a real estate related
431	431	transaction because of race, color, religion, sex, disability,
432	432	familial status, [or] national origin, sexual orientation, or
433	433	gender identity or expression.
434	434	SECTION 26. Section 301.027, Property Code, is amended to
435	435	read as follows:
436	436	Sec. 301.027. BROKERAGE SERVICES. A person may not deny
437	437	another access to, or membership or participation in, a
438	438	multiple-listing service, real estate brokers' organization, or
439	439	other service, organization, or facility relating to the business
440	440	of selling or renting dwellings, or discriminate against a person
441	441	in the terms or conditions of access, membership, or participation
442	442	in such an organization, service, or facility because of race,
443	443	color, religion, sex, disability, familial status, [or] national
444	444	origin, sexual orientation, or gender identity or expression.
445	445	SECTION 27. Sections 301.042(a) and (c), Property Code, are
446	446	amended to read as follows:
447	447	(a) This chapter does not prohibit a religious
448	448	organization, association, or society or a nonprofit institution or
449	449	organization operated, supervised, or controlled by or in
450	450	conjunction with a religious organization, association, or society
451	451	from:
452	452	(1) limiting the sale, rental, or occupancy of
453	453	dwellings that it owns or operates for other than a commercial
454	454	purpose to persons of the same religion; or
455	455	(2) giving preference to persons of the same religion,
456	456	unless membership in the religion is restricted because of race,
457	457	color, [or] national origin, sexual orientation, or gender identity
458	458	or expression.
459	459	(c) This chapter does not prohibit a person engaged in the
460	460	business of furnishing appraisals of real property from considering
461	461	in those appraisals factors other than race, color, religion, sex,
462	462	disability, familial status, [or] national origin, sexual
463	463	orientation, or gender identity or expression.
464	464	SECTION 28. Section 301.068, Property Code, is amended to
465	465	read as follows:
466	466	Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
467	467	Subsection (b), the [The] commission may defer proceedings under
468	468	this chapter and refer a complaint to a municipality that has been
469	469	certified by the federal Department of Housing and Urban
470	470	Development as a substantially equivalent fair housing agency.
471	471	(b) The commission may not defer proceedings and refer a
472	472	complaint under Subsection (a) to a municipality in which the
473	473	alleged discrimination occurred if:
474	474	(1) the complaint alleges discrimination based on
475	475	sexual orientation or gender identity or expression; and
476	476	(2) the municipality does not have laws prohibiting
477	477	the alleged discrimination.
478	478	SECTION 29. Section 301.171(a), Property Code, is amended
479	479	to read as follows:
480	480	(a) A person commits an offense if the person, without
481	481	regard to whether the person is acting under color of law, by force
482	482	or threat of force intentionally intimidates or interferes with a
483	483	person:
484	484	(1) because of the person's race, color, religion,
485	485	sex, disability, familial status, [or] national origin, sexual
486	486	orientation, or gender identity or expression and because the
487	487	person is or has been selling, purchasing, renting, financing,
488	488	occupying, or contracting or negotiating for the sale, purchase,
489	489	rental, financing, or occupation of any dwelling or applying for or
490	490	participating in a service, organization, or facility relating to
491	491	the business of selling or renting dwellings; or
492	492	(2) because the person is or has been or to intimidate
493	493	the person from:
494	494	(A) participating, without discrimination
495	495	because of race, color, religion, sex, disability, familial status,
496	496	[or] national origin, sexual orientation, or gender identity or
497	497	expression, in an activity, service, organization, or facility
498	498	described by Subdivision (1); [or]
499	499	(B) affording another person opportunity or
500	500	protection to so participate; or
501	501	(C) lawfully aiding or encouraging other persons
502	502	to participate, without discrimination because of race, color,
503	503	religion, sex, disability, familial status, [or] national origin,
504	504	sexual orientation, or gender identity or expression, in an
505	505	activity, service, organization, or facility described by
506	506	Subdivision (1).
507	507	SECTION 30. (a) Section 2155.0065, Government Code, as
508	508	added by this Act, applies only to a contract for which a state
509	509	agency first advertises or otherwise solicits bids, proposals,
510	510	offers, qualifications, or other similar expressions of interest on
511	511	or after the effective date of this Act.
512	512	(b) The changes in law made by this Act to the Labor Code
513	513	apply to conduct occurring on or after the effective date of this
514	514	Act. Conduct occurring before that date is governed by the law in
515	515	effect on the date the conduct occurred, and the former law is
516	516	continued in effect for that purpose.
517	517	(c) The changes in law made by this Act to the Property Code
518	518	apply only to a complaint filed with the Texas Workforce Commission
519	519	on or after the effective date of this Act. A complaint filed
520	520	before that date is governed by the law as it existed immediately
521	521	before the effective date of this Act, and that law is continued in
522	522	effect for that purpose.
523	523	SECTION 31. This Act takes effect September 1, 2019.