Texas 2021 - 87th Regular

Texas House Bill HB2069 Compare Versions

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

Old	New	Differences
1	1	By: Coleman H.B. No. 2069
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the prevention of discrimination based on sexual
7	7	orientation or gender identity.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Articles 42.014(a) and (c), Code of Criminal
10	10	Procedure, are amended to read as follows:
11	11	(a) In the trial of an offense under Title 5, Penal Code, or
12	12	Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an
13	13	affirmative finding of fact and enter the affirmative finding in
14	14	the judgment of the case if at the guilt or innocence phase of the
15	15	trial, the judge or the jury, whichever is the trier of fact,
16	16	determines beyond a reasonable doubt that the defendant
17	17	intentionally selected the person against whom the offense was
18	18	committed, or intentionally selected the person's property that was
19	19	damaged or affected as a result of the offense, because of the
20	20	defendant's bias or prejudice against a group identified by race,
21	21	color, disability, religion, national origin or ancestry, age,
22	22	gender, [or] sexual preference, or gender identity or expression or
23	23	by status as a peace officer or judge.
24	24	(c) In this article:
25	25	(1) "Gender identity or expression" means having or
26	26	being perceived as having a gender-related identity, appearance,
27	27	expression, or behavior, regardless of whether that identity,
28	28	appearance, expression, or behavior is different from that commonly
29	29	associated with the person's actual or perceived sex.
30	30	(2) "Sexual [, "sexual] preference" has the following
31	31	meaning only: a preference for heterosexuality, homosexuality, or
32	32	bisexuality.
33	33	SECTION 2. Title 4, Civil Practice and Remedies Code, is
34	34	amended by adding Chapter 100E to read as follows:
35	35	CHAPTER 100E. LIABILITY ARISING FROM DISCRIMINATION
36	36	SUBCHAPTER A. GENERAL PROVISIONS
37	37	Sec. 100E.001. DEFINITIONS. In this chapter:
38	38	(1) "Aggrieved person" includes any person who:
39	39	(A) claims to have been injured by a
40	40	discriminatory practice; or
41	41	(B) believes that he or she will be injured by a
42	42	discriminatory practice that is about to occur.
43	43	(2) "Discriminatory practice" means an act prohibited
44	44	by this chapter.
45	45	(3) "Dwelling" means:
46	46	(A) any building, structure, or part of a
47	47	building or structure that is occupied as, or designed or intended
48	48	for occupancy as, a residence by one or more families; or
49	49	(B) any vacant land that is offered for sale or
50	50	lease for the construction or location of a building, structure, or
51	51	part of a building or structure described by Paragraph (A).
52	52	(4) "Gender identity or expression" means having or
53	53	being perceived as having gender-related identity, appearance,
54	54	expression, or behavior, whether or not that identity, appearance,
55	55	expression, or behavior is different from that commonly associated
56	56	with the person's actual or perceived sex.
57	57	(5) "Public accommodation" means a business or other
58	58	entity that offers to the general public food, shelter, recreation,
59	59	or amusement, or any other goods, service, privilege, facility, or
60	60	accommodation.
61	61	(6) "Religious organization" means:
62	62	(A) a religious corporation, association, or
63	63	society; or
64	64	(B) a school, institution of higher education, or
65	65	other educational institution, not otherwise a religious
66	66	organization, that:
67	67	(i) is wholly or substantially controlled,
68	68	managed, owned, or supported by a religious organization; or
69	69	(ii) has a curriculum directed toward the
70	70	propagation of a particular religion.
71	71	(7) "Sexual orientation" means:
72	72	(A) having a preference for heterosexuality,
73	73	homosexuality, or bisexuality;
74	74	(B) having a history of such a preference; or
75	75	(C) being identified or perceived as having such
76	76	a preference.
77	77	[Sections 100E.002-100E.050 reserved for expansion]
78	78	SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
79	79	Sec. 100E.051. PUBLIC ACCOMMODATIONS. A person commits a
80	80	discriminatory practice and a violation of this chapter if the
81	81	person, because of the sexual orientation or gender identity or
82	82	expression of an individual:
83	83	(1) denies that individual full and equal
84	84	accommodations in any place of public accommodation in this state,
85	85	subject only to the conditions and limitations established by law
86	86	and applicable to all persons; or
87	87	(2) otherwise discriminates against or segregates or
88	88	separates the individual based on sexual orientation or gender
89	89	identity or expression.
90	90	[Sections 100E.052-100E.100 reserved for expansion]
91	91	SUBCHAPTER C. HOUSING DISCRIMINATION PROHIBITED
92	92	Sec. 100E.101. REFUSAL TO SELL OR RENT. A person commits a
93	93	discriminatory practice and a violation of this chapter if the
94	94	person, because of the sexual orientation or gender identity or
95	95	expression of an individual:
96	96	(1) refuses to sell or rent a dwelling to the
97	97	individual after the making of a bona fide offer by the individual;
98	98	(2) refuses to negotiate for the sale or rental of a
99	99	dwelling to the individual;
100	100	(3) refuses to make available or otherwise denies a
101	101	dwelling to the individual; or
102	102	(4) discriminates against the individual in the terms,
103	103	conditions, or privileges of the sale or rental of a dwelling, or
104	104	the provision of services or facilities in connection with such a
105	105	sale or rental.
106	106	Sec. 100E.102. REAL ESTATE-RELATED TRANSACTIONS. A person
107	107	who engages in real estate-related transactions commits a
108	108	discriminatory practice and a violation of this chapter if, because
109	109	of the sexual orientation or gender identity or expression of an
110	110	individual, the person discriminates against the individual in
111	111	making available such a transaction.
112	112	Sec. 100E.103. REAL ESTATE SERVICES AND ORGANIZATION. A
113	113	person who engages in real estate-related transactions commits a
114	114	discriminatory practice and a violation of this chapter if, because
115	115	of the sexual orientation or gender identity or expression of an
116	116	individual, the person:
117	117	(1) denies the individual access to or membership or
118	118	participation in any multiple-listing service, real estate brokers
119	119	organization, or other service, organization, or facility relating
120	120	to the business of selling or renting dwellings; or
121	121	(2) discriminates against the individual in the terms
122	122	or conditions of the access, membership, or participation described
123	123	by Subdivision (1).
124	124	Sec. 100E.104. COERCION. A person commits a discriminatory
125	125	practice and a violation of this chapter if:
126	126	(1) because of the sexual orientation or gender
127	127	identity or expression of an individual, the person coerces,
128	128	intimidates, threatens, or interferes with the individual in the
129	129	exercise or enjoyment of a right granted or protected by this
130	130	subchapter; or
131	131	(2) the person coerces, intimidates, threatens, or
132	132	interferes with an individual because the individual has exercised
133	133	or enjoyed, or aided or encouraged any other person in the exercise
134	134	or enjoyment of, a right granted or protected by this subchapter.
135	135	Sec. 100E.105. PUBLICATIONS. A person commits a
136	136	discriminatory practice and a violation of this chapter if the
137	137	person makes, prints, or publishes, or causes to be made, printed,
138	138	or published, any notice, statement, or advertisement with respect
139	139	to the sale or rental of a dwelling that indicates any preference,
140	140	limitation, or discrimination based on sexual orientation or gender
141	141	identity or expression, or an intention to make such a preference,
142	142	limitation, or discrimination.
143	143	Sec. 100E.106. STEERING PROHIBITED. (a) A person commits a
144	144	discriminatory practice and a violation of this chapter if the
145	145	person, because of the sexual orientation or gender identity or
146	146	expression of an individual, represents to the individual that a
147	147	dwelling is not available for inspection, sale, or rental if the
148	148	dwelling is in fact available.
149	149	(b) A person violates this section if the person restricts
150	150	or attempts to restrict the choices offered to any buyer or renter,
151	151	including potential buyers or renters, because of the sexual
152	152	orientation or gender identity or expression of the buyer or
153	153	renter.
154	154	Sec. 100E.107. ENTRY INTO NEIGHBORHOOD. A person commits a
155	155	discriminatory practice and a violation of this chapter if the
156	156	person, for profit, induces or attempts to induce any person to sell
157	157	or rent a dwelling by representations regarding the entry or
158	158	prospective entry into the neighborhood in which the dwelling is
159	159	located of an individual of a particular sexual orientation or
160	160	gender identity or expression.
161	161	Sec. 100E.108. EXEMPTIONS. (a) This subchapter does not
162	162	apply to:
163	163	(1) the rental of a room or rooms in a dwelling if the
164	164	owner actually maintains and occupies part of the living quarters
165	165	of the dwelling as the owner's residence; or
166	166	(2) a unit in a dwelling containing living quarters
167	167	occupied or intended to be occupied by not more than four families
168	168	living independently of each other, if the owner actually maintains
169	169	and occupies one of the units as the owner's residence.
170	170	(b) This subchapter does not limit or affect the
171	171	applicability of any reasonable state statute or municipal
172	172	ordinance that restricts the maximum number of persons permitted to
173	173	occupy a dwelling.
174	174	(c) This subchapter does not prohibit a person engaged in
175	175	the business of furnishing appraisals of real property from
176	176	considering factors other than sexual orientation or gender
177	177	identity or expression in making the appraisal.
178	178	[Sections 100E.109-100E.150 reserved for expansion]
179	179	SUBCHAPTER D. EXEMPTIONS
180	180	Sec. 100E.151. RELIGIOUS ORGANIZATION. (a) Except as
181	181	provided by Subsection (b), this chapter does not apply to a
182	182	religious organization.
183	183	(b) This chapter applies to activities conducted by a
184	184	religious organization for profit to the extent that those
185	185	activities are subject to federal taxation under Section 511(a),
186	186	Internal Revenue Code of 1986, as that section existed on September
187	187	1, 2009.
188	188	[Sections 100E.152-100E.200 reserved for expansion]
189	189	SUBCHAPTER E. CAUSE OF ACTION
190	190	Sec. 100E.201. CIVIL ACTION. An aggrieved person may file a
191	191	civil action in district court not later than the second
192	192	anniversary of the occurrence of the termination of an alleged
193	193	discriminatory practice under this chapter to obtain appropriate
194	194	relief with respect to the discriminatory practice.
195	195	Sec. 100E.202. RELIEF GRANTED. In an action under this
196	196	subchapter, if the court finds that a discriminatory practice has
197	197	occurred or is about to occur, the court may award to the plaintiff:
198	198	(1) actual and punitive damages;
199	199	(2) reasonable attorney's fees;
200	200	(3) court costs; and
201	201	(4) subject to Section 100E.203, any permanent or
202	202	temporary injunction, temporary restraining order, or other order,
203	203	including an order enjoining the defendant from engaging in the
204	204	practice or ordering other appropriate action.
205	205	Sec. 100E.203. EFFECT OF RELIEF GRANTED. Relief granted
206	206	under this subchapter does not affect a contract, sale,
207	207	encumbrance, or lease that:
208	208	(1) was consummated before the granting of the relief;
209	209	and
210	210	(2) involved a bona fide purchaser, encumbrancer, or
211	211	tenant who did not have actual notice of the filing of a civil
212	212	action under this subchapter.
213	213	SECTION 3. Subchapter D, Chapter 11, Education Code, is
214	214	amended by adding Section 11.172 to read as follows:
215	215	Sec. 11.172. DISCRIMINATION, HARASSMENT, AND RETALIATION
216	216	PROHIBITED. (a) In this section:
217	217	(1) "Gender identity or expression" means a person's
218	218	having, or being perceived as having, a gender-related identity,
219	219	appearance, expression, or behavior, whether or not that identity,
220	220	appearance, expression, or behavior is different from that commonly
221	221	associated with the person's assigned sex at birth.
222	222	(2) "Sexual orientation" means heterosexuality,
223	223	homosexuality, or bisexuality.
224	224	(b) A school district or employee of a school district may
225	225	not:
226	226	(1) discriminate against or harass an employee of the
227	227	district or a student enrolled in the district on account of:
228	228	(A) the actual or perceived ethnicity, color,
229	229	gender, gender identity or expression, sexual orientation,
230	230	disability, religion, or national origin of the employee, student,
231	231	or student's parent; or
232	232	(B) one or more persons with whom the employee,
233	233	student, or student's parent associates; or
234	234	(2) retaliate against an employee of the district or a
235	235	student enrolled in the district for reporting potential
236	236	discrimination or harassment prohibited by Subdivision (1).
237	237	(c) This section applies to conduct that occurs:
238	238	(1) on school property;
239	239	(2) while attending a school-sponsored or
240	240	school-related activity on or off of school property; or
241	241	(3) in connection with transportation of students in a
242	242	vehicle owned or operated by a school district or owned or operated
243	243	by another entity under contract with a school district.
244	244	(d) A school district shall provide periodic training to
245	245	district employees regarding prevention of discrimination and
246	246	harassment prohibited by this section and procedures for responding
247	247	to reported or observed incidents of prohibited discrimination or
248	248	harassment. The training may be provided in conjunction with any
249	249	training provided under Section 37.083.
250	250	(e) In accordance with rules adopted by the commissioner,
251	251	each school district shall report annually to the agency
252	252	information regarding each incident of alleged discrimination or
253	253	harassment that occurred in the district during the preceding year.
254	254	The agency shall include the information in the comprehensive
255	255	annual report required by Section 39.182.
256	256	SECTION 4. Section 2.001(a), Family Code, is amended to
257	257	read as follows:
258	258	(a) A man and a woman, a man and a man, or a woman and a woman
259	259	desiring to enter into a ceremonial marriage must obtain a marriage
260	260	license from the county clerk of any county of this state.
261	261	SECTION 5. Section 2.401(a), Family Code, is amended to
262	262	read as follows:
263	263	(a) In a judicial, administrative, or other proceeding, the
264	264	marriage of a man and woman, a man and a man, or a woman and a woman
265	265	may be proved by evidence that:
266	266	(1) a declaration of their marriage has been signed as
267	267	provided by this subchapter; or
268	268	(2) the man and woman, man and man, or woman and woman
269	269	agreed to be married and after the agreement they lived together in
270	270	this state as spouses [husband and wife] and there represented to
271	271	others that they were married.
272	272	SECTION 6. Section 2.402(b), Family Code, is amended to
273	273	read as follows:
274	274	(b) The declaration form must contain:
275	275	(1) a heading entitled "Declaration and Registration
276	276	of Informal Marriage, _______________ County, Texas";
277	277	(2) spaces for each party's full name, including the
278	278	[woman's] maiden surname for a woman, address, date of birth, place
279	279	of birth, including city, county, and state, and social security
280	280	number, if any;
281	281	(3) a space for indicating the type of document
282	282	tendered by each party as proof of age and identity;
283	283	(4) printed boxes for each party to check "true" or
284	284	"false" in response to the following statement: "The other party is
285	285	not related to me as:
286	286	(A) an ancestor or descendant, by blood or
287	287	adoption;
288	288	(B) a brother or sister, of the whole or half
289	289	blood or by adoption;
290	290	(C) a parent's brother or sister, of the whole or
291	291	half blood or by adoption;
292	292	(D) a son or daughter of a brother or sister, of
293	293	the whole or half blood or by adoption;
294	294	(E) a current or former stepchild or stepparent;
295	295	or
296	296	(F) a son or daughter of a parent's brother or
297	297	sister, of the whole or half blood or by adoption.";
298	298	(5) a printed declaration and oath reading: "I
299	299	SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO
300	300	EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE
301	301	AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS
302	302	SPOUSES [HUSBAND AND WIFE] AND IN THIS STATE WE REPRESENTED TO
303	303	OTHERS THAT WE WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE
304	304	OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON. THIS
305	305	DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS
306	306	CORRECT.";
307	307	(6) spaces immediately below the printed declaration
308	308	and oath for the parties' signatures; and
309	309	(7) a certificate of the county clerk that the parties
310	310	made the declaration and oath and the place and date it was made.
311	311	SECTION 4. Section 3.401(5), Family Code, is amended to
312	312	read as follows:
313	313	(5) "Spouse" means a party to a marriage [husband, who
314	314	is a man, or a wife, who is a woman. A member of a civil union or
315	315	similar relationship entered into in another state between persons
316	316	of the same sex is not a spouse].
317	317	SECTION 7. Section 6.202(b), Family Code, is amended to
318	318	read as follows:
319	319	(b) The later marriage that is void under this section
320	320	becomes valid when the prior marriage is dissolved if, after the
321	321	date of the dissolution, the parties have lived together as spouses
322	322	[husband and wife] and represented themselves to others as being
323	323	married.
324	324	SECTION 8. Section 6.704, Family Code, is amended to read as
325	325	follows:
326	326	Sec. 6.704. TESTIMONY OF SPOUSE [HUSBAND OR WIFE]. (a) In
327	327	a suit for dissolution of a marriage, each spouse is a [the husband
328	328	and wife are] competent witness [witnesses] for and against the
329	329	[each] other spouse. A spouse may not be compelled to testify as to
330	330	a matter that will incriminate the spouse.
331	331	(b) If a spouse [the husband or wife] testifies, the court
332	332	or jury trying the case shall determine the credibility of the
333	333	witness and the weight to be given the witness's testimony.
334	334	SECTION 9. Subchapter B, Chapter 45, Family Code, is
335	335	amended by adding Section 45.108 to read as follows:
336	336	Sec. 45.108. CHANGE OF NAME AND VITAL STATISTICS
337	337	INFORMATION. (a) Subject to the eligibility requirements for a
338	338	name change under Section 45.103, a court shall order a change of
339	339	name under this subchapter for a petitioner whose petition is
340	340	accompanied by a sworn affidavit of a licensed physician stating
341	341	the petitioner identifies as a gender other than the gender
342	342	indicated on the petitioner's driver's license, birth certificate,
343	343	or other official document.
344	344	(b) A court that orders a change of name for a petitioner
345	345	under this section shall simultaneously order:
346	346	(1) the Department of Public Safety, as soon as
347	347	practicable, to change the petitioner's name and gender on the
348	348	petitioner's driver's license and other identification documents
349	349	under the department's control; and
350	350	(2) the vital statistics unit of the Department of
351	351	State Health Services, on receipt of a licensed physician's sworn
352	352	affidavit that the petitioner identifies as a gender other than the
353	353	gender indicated on the petitioner's birth certificate, to amend
354	354	the petitioner's birth certificate in the manner provided by
355	355	Section 192.011, Health and Safety Code, to reflect the
356	356	petitioner's true gender.
357	357	(c) This section may not be construed to require a surgical
358	358	procedure as a prerequisite for a court order under Subsection (a)
359	359	or (b).
360	360	SECTION 10. Section 163.002, Health and Safety Code, is
361	361	amended to read as follows:
362	362	Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and
363	363	instruction relating to sexual education or sexually transmitted
364	364	diseases should include:
365	365	(1) an emphasis on sexual abstinence as the only
366	366	completely reliable method of avoiding unwanted teenage pregnancy
367	367	and sexually transmitted diseases;
368	368	(2) an emphasis on the importance of self-control,
369	369	responsibility, and ethical conduct in making decisions relating to
370	370	sexual behavior;
371	371	(3) statistics, based on the latest medical
372	372	information, that indicate the efficacy of the various forms of
373	373	contraception;
374	374	(4) information concerning the laws relating to the
375	375	financial responsibilities associated with pregnancy, childbirth,
376	376	and child rearing;
377	377	(5) information concerning the laws prohibiting
378	378	sexual abuse and the legal and counseling options available to
379	379	victims of sexual abuse;
380	380	(6) information on how to cope with and rebuff
381	381	unwanted physical and verbal sexual advances, as well as the
382	382	importance of avoiding the sexual exploitation of other persons;
383	383	(7) psychologically sound methods of resisting
384	384	unwanted peer pressure; and
385	385	(8) emphasis, provided in a factual manner and from a
386	386	public health perspective, that homosexuality is not a lifestyle
387	387	acceptable to the general public [and that homosexual conduct is a
388	388	criminal offense under Section 21.06, Penal Code].
389	389	SECTION 11. Section 21.11(b), Penal Code, is amended to
390	390	read as follows:
391	391	(b) It is an affirmative defense to prosecution under this
392	392	section that the actor:
393	393	(1) was not more than three years older than the victim
394	394	[and of the opposite sex];
395	395	(2) did not use duress, force, or a threat against the
396	396	victim at the time of the offense; and
397	397	(3) at the time of the offense:
398	398	(A) was not required under Chapter 62, Code of
399	399	Criminal Procedure, to register for life as a sex offender; or
400	400	(B) was not a person who under Chapter 62 had a
401	401	reportable conviction or adjudication for an offense under this
402	402	section.
403	403	SECTION 12. The following laws are repealed:
404	404	(1) Section 2.001(b), Family Code;
405	405	(2) Section 6.204, Family Code;
406	406	(3) Sections 810.001(g), (h), and (i), Government
407	407	Code;
408	408	(4) Section 85.007(b)(2), Health and Safety Code; and
409	409	(5) Section 21.06, Penal Code, is repealed.
410	410	SECTION 13. The change in law made by this Act applies only
411	411	to an offense committed on or after the effective date of this Act.
412	412	An offense committed before the effective date of this Act is
413	413	governed by the law in effect on the date the offense was committed,
414	414	and the former law is continued in effect for that purpose. For
415	415	purposes of this section, an offense was committed before the
416	416	effective date of this Act if any element of the offense occurred
417	417	before that date.
418	418	SECTION 14. (a) Each school district shall submit to the
419	419	Texas Education Agency information as required under Section
420	420	11.172(e), Education Code, as added by this Act, beginning with the
421	421	2022-2023 school year based on incidents of discrimination or
422	422	harassment during the 2021-2022 school year.
423	423	(b) The Texas Education Agency shall include the
424	424	information required under Section 11.172(e), Education Code, as
425	425	added by this Act, in the comprehensive annual report required by
426	426	Section 39.182, Education Code, beginning with the report required
427	427	to be submitted not later than December 1, 2022.
428	428	SECTION 15. This Act applies beginning with the 2021-2022
429	429	school year.
430	430	SECTION 16. This Act takes effect immediately if it
431	431	receives a vote of two-thirds of all the members elected to each
432	432	house, as provided by Section 39, Article III, Texas Constitution.
433	433	If this Act does not receive the vote necessary for immediate
434	434	effect, this Act takes effect September 1, 2021.