Texas 2019 - 86th Regular

Texas Senate Bill SB888 Compare Versions

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

Old	New	Differences
1	1	86R10289 LED-D
2	2	By: Menéndez S.B. No. 888
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibition of certain discrimination in places of
8	8	public accommodation.
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 an
23	23	individual's actual or perceived gender-related identity,
24	24	appearance, expression, or behavior, regardless of whether that
25	25	identity, appearance, expression, or behavior is different from
26	26	that commonly associated with the individual's sex as designated at
27	27	birth.
28	28	(4) "Public accommodation" means a business or other
29	29	entity that offers to the public food, shelter, recreation or
30	30	amusement, or any other good, 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, 2019.
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 engages in a discriminatory
55	55	practice and violates this chapter if the person, because of the
56	56	race, color, disability, religion, sex, national origin, age,
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	accommodation 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 in a place of public accommodation based
65	65	on race, color, disability, religion, sex, national origin, age,
66	66	sexual orientation, or gender identity or expression.
67	67	(b) A person does not engage in a discriminatory practice or
68	68	violate this chapter under Subsection (a) if segregation or
69	69	separation of an individual is necessary to provide a service that:
70	70	(1) provides acceptance, support, and understanding
71	71	to the individual;
72	72	(2) assists the individual with coping with the
73	73	individual's sexual orientation or gender identity or expression,
74	74	maintaining social support, and exploring and identifying the
75	75	individual's identity; or
76	76	(3) provides support to an individual undergoing a
77	77	gender transition.
78	78	(c) The services described by Subsection (b)(2) include a
79	79	sexual orientation-neutral intervention for preventing or
80	80	addressing unlawful conduct or unsafe sexual practices if the
81	81	intervention does not seek to change the individual's sexual
82	82	orientation or gender identity or expression.
83	83	SUBCHAPTER C. CAUSE OF ACTION
84	84	Sec. 100B.101. CIVIL ACTION. An aggrieved person may file a
85	85	civil action in district court not later than the second
86	86	anniversary of the occurrence of the termination of an alleged
87	87	discriminatory practice under this chapter to obtain appropriate
88	88	relief with respect to the discriminatory practice.
89	89	Sec. 100B.102. RELIEF GRANTED. In an action under this
90	90	subchapter, if the court finds that a discriminatory practice has
91	91	occurred or is about to occur, the court may award to the plaintiff:
92	92	(1) actual and punitive damages;
93	93	(2) reasonable attorney's fees;
94	94	(3) court costs; and
95	95	(4) any permanent or temporary injunction, temporary
96	96	restraining order, or other order, including an order enjoining the
97	97	defendant from engaging in the practice or ordering other
98	98	appropriate action.
99	99	SECTION 2. The change in law made by this Act applies only
100	100	to a cause of action that accrues on or after the effective date of
101	101	this Act. A cause of action that accrues before the effective date
102	102	of this Act is governed by the law applicable to the cause of action
103	103	immediately before that date, and that law is continued in effect
104	104	for that purpose.
105	105	SECTION 3. This Act takes effect September 1, 2019.