86R10289 LED-D
By: Menéndez S.B. No. 888
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of certain discrimination in places of
public accommodation.
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 100B to read as follows:
CHAPTER 100B. LIABILITY ARISING FROM DISCRIMINATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 100B.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) "Gender identity or expression" means an
individual's actual or perceived gender-related identity,
appearance, expression, or behavior, regardless of whether that
identity, appearance, expression, or behavior is different from
that commonly associated with the individual's sex as designated at
birth.
(4) "Public accommodation" means a business or other
entity that offers to the public food, shelter, recreation or
amusement, or any other good, service, privilege, facility, or
accommodation.
(5) "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.
(6) "Sexual orientation" means the actual or perceived
status of an individual with respect to the individual's sexuality.
Sec. 100B.002. APPLICABILITY OF CHAPTER. (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, 2019.
SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
Sec. 100B.051. PUBLIC ACCOMMODATIONS. (a) Except as
provided by Subsection (b), a person engages in a discriminatory
practice and violates this chapter if the person, because of the
race, color, disability, religion, sex, national origin, age,
sexual orientation, or gender identity or expression of an
individual:
(1) denies that individual full and equal
accommodation 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 in a place of public accommodation based
on race, color, disability, religion, sex, national origin, age,
sexual orientation, or gender identity or expression.
(b) A person does not engage in a discriminatory practice or
violate this chapter under Subsection (a) if segregation or
separation of an individual is necessary to provide a service that:
(1) provides acceptance, support, and understanding
to the individual;
(2) assists the individual with coping with the
individual's sexual orientation or gender identity or expression,
maintaining social support, and exploring and identifying the
individual's identity; or
(3) provides support to an individual undergoing a
gender transition.
(c) The services described by Subsection (b)(2) include a
sexual orientation-neutral intervention for preventing or
addressing unlawful conduct or unsafe sexual practices if the
intervention does not seek to change the individual's sexual
orientation or gender identity or expression.
SUBCHAPTER C. CAUSE OF ACTION
Sec. 100B.101. 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. 100B.102. 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) 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.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law applicable to the cause of action
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2019.