Texas 2021 - 87th Regular

Texas House Bill HB2524 Compare Versions

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

Old	New	Differences
1	1	87R8527 KSD-F
2	2	By: Reynolds H.B. No. 2524
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.
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.
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 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, 2021.
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	sexual orientation or gender identity or expression of an
57	57	individual:
58	58	(1) denies that individual full and equal
59	59	accommodation 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 engage in 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 or
132	132	subcontractor's noncompliance with an employment policy required
133	133	by Subsection (b) that is the subject of a complaint, the state
134	134	agency shall provide to the contractor written notice of the
135	135	noncompliance by hand 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, Labor Code, is amended to read as
206	206	follows:
207	207	Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING
208	208	PROGRAM. [(a)] Unless a training or retraining opportunity or
209	209	program is provided under an affirmative action plan approved under
210	210	a federal law, rule, or order, an employer, labor organization, or
211	211	joint labor-management committee controlling an apprenticeship,
212	212	on-the-job training, or other training or retraining program
213	213	commits an unlawful employment practice if the employer, labor
214	214	organization, or committee discriminates against an individual
215	215	because of race, color, disability, religion, sex, national origin,
216	216	[or] age, sexual orientation, or gender identity or expression in
217	217	admission to or participation in the program.
218	218	SECTION 8. Section 21.059(a), Labor Code, is amended to
219	219	read as follows:
220	220	(a) An employer, labor organization, employment agency, or
221	221	joint labor-management committee controlling an apprenticeship,
222	222	on-the-job training, or other training or retraining program
223	223	commits an unlawful employment practice if the employer, labor
224	224	organization, employment agency, or committee prints or publishes
225	225	or causes to be printed or published a notice or advertisement
226	226	relating to employment that:
227	227	(1) indicates a preference, limitation,
228	228	specification, or discrimination based on race, color, disability,
229	229	religion, sex, national origin, [or] age, sexual orientation, or
230	230	gender identity or expression; and
231	231	(2) concerns an employee's status, employment, or
232	232	admission to or membership or participation in a labor union or
233	233	training or retraining program.
234	234	SECTION 9. Section 21.102(c), Labor Code, is amended to
235	235	read as follows:
236	236	(c) This section does not apply to standards of compensation
237	237	or terms, conditions, or privileges of employment that are
238	238	discriminatory on the basis of race, color, disability, religion,
239	239	sex, national origin, [or] age, sexual orientation, or gender
240	240	identity or expression.
241	241	SECTION 10. Section 21.112, Labor Code, is amended to read
242	242	as follows:
243	243	Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
244	244	does not commit an unlawful employment practice by applying to
245	245	employees who work in different locations different standards of
246	246	compensation or different terms, conditions, or privileges of
247	247	employment that are not discriminatory on the basis of race, color,
248	248	disability, religion, sex, national origin, [or] age, sexual
249	249	orientation, or gender identity or expression.
250	250	SECTION 11. Section 21.113, Labor Code, is amended to read
251	251	as follows:
252	252	Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter
253	253	does not require a person subject to this chapter to grant
254	254	preferential treatment to an individual or a group on the basis of
255	255	race, color, disability, religion, sex, national origin, [or] age,
256	256	sexual orientation, or gender identity or expression because of an
257	257	imbalance between:
258	258	(1) the total number or percentage of persons of that
259	259	individual's or group's race, color, disability, religion, sex,
260	260	national origin, [or] age, sexual orientation, or gender identity
261	261	or expression:
262	262	(A) employed by an employer;
263	263	(B) referred or classified for employment by an
264	264	employment agency or labor organization;
265	265	(C) admitted to membership or classified by a
266	266	labor organization; or
267	267	(D) admitted to or employed in an apprenticeship,
268	268	on-the-job training, or other training or retraining program; and
269	269	(2) the total number or percentage of persons of that
270	270	race, color, disability, religion, sex, national origin, [or] age,
271	271	sexual orientation, or gender identity or expression in:
272	272	(A) a community, this state, a region, or other
273	273	area; or
274	274	(B) the available work force in a community, this
275	275	state, a region, or other area.
276	276	SECTION 12. Section 21.120(b), Labor Code, is amended to
277	277	read as follows:
278	278	(b) Subsection (a) does not apply to a policy adopted or
279	279	applied with the intent to discriminate because of race, color,
280	280	sex, national origin, religion, age, [or] disability, sexual
281	281	orientation, or gender identity or expression.
282	282	SECTION 13. Section 21.122(a), Labor Code, is amended to
283	283	read as follows:
284	284	(a) An unlawful employment practice based on disparate
285	285	impact is established under this chapter only if:
286	286	(1) a complainant demonstrates that a respondent uses
287	287	a particular employment practice that causes a disparate impact on
288	288	the basis of race, color, sex, national origin, religion, [or]
289	289	disability, sexual orientation, or gender identity or expression
290	290	and the respondent fails to demonstrate that the challenged
291	291	practice is job-related for the position in question and consistent
292	292	with business necessity; or
293	293	(2) the complainant makes the demonstration in
294	294	accordance with federal law as that law existed June 4, 1989, with
295	295	respect to the concept of alternative employment practices, and the
296	296	respondent refuses to adopt such an alternative employment
297	297	practice.
298	298	SECTION 14. Section 21.124, Labor Code, is amended to read
299	299	as follows:
300	300	Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
301	301	SCORES. It is an unlawful employment practice for a respondent, in
302	302	connection with the selection or referral of applicants for
303	303	employment or promotion, to adjust the scores of, use different
304	304	cutoff scores for, or otherwise alter the results of
305	305	employment-related tests on the basis of race, color, sex, national
306	306	origin, religion, age, [or] disability, sexual orientation, or
307	307	gender identity or expression.
308	308	SECTION 15. The heading to Section 21.125, Labor Code, is
309	309	amended to read as follows:
310	310	Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
311	311	CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
312	312	[OR] DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY OR
313	313	EXPRESSION IN EMPLOYMENT PRACTICES.
314	314	SECTION 16. Section 21.125(a), Labor Code, is amended to
315	315	read as follows:
316	316	(a) Except as otherwise provided by this chapter, an
317	317	unlawful employment practice is established when the complainant
318	318	demonstrates that race, color, sex, national origin, religion, age,
319	319	[or] disability, sexual orientation, or gender identity or
320	320	expression was a motivating factor for an employment practice, even
321	321	if other factors also motivated the practice, unless race, color,
322	322	sex, national origin, religion, age, [or] disability, sexual
323	323	orientation, or gender identity or expression is combined with
324	324	objective job-related factors to attain diversity in the employer's
325	325	work force.
326	326	SECTION 17. Section 21.126, Labor Code, is amended to read
327	327	as follows:
328	328	Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
329	329	STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
330	330	employment practice for a person elected to public office in this
331	331	state or a political subdivision of this state to discriminate
332	332	because of race, color, sex, national origin, religion, age, [or]
333	333	disability, sexual orientation, or gender identity or expression
334	334	against an individual who is an employee or applicant for
335	335	employment to:
336	336	(1) serve on the elected official's personal staff;
337	337	(2) serve the elected official on a policy-making
338	338	level; or
339	339	(3) serve the elected official as an immediate advisor
340	340	with respect to the exercise of the constitutional or legal powers
341	341	of the office.
342	342	SECTION 18. Section 21.152(a), Labor Code, is amended to
343	343	read as follows:
344	344	(a) A political subdivision or two or more political
345	345	subdivisions acting jointly may create a local commission to:
346	346	(1) promote the purposes of this chapter; and
347	347	(2) secure for all individuals in the jurisdiction of
348	348	each political subdivision freedom from discrimination because of
349	349	race, color, disability, religion, sex, national origin, [or] age,
350	350	sexual orientation, or gender identity or expression.
351	351	SECTION 19. Section 21.155(a), Labor Code, is amended to
352	352	read as follows:
353	353	(a) The commission [Commission on Human Rights] shall refer
354	354	a complaint concerning discrimination in employment because of
355	355	race, color, disability, religion, sex, national origin, [or] age,
356	356	sexual orientation, or gender identity or expression that is filed
357	357	with that commission to a local commission with the necessary
358	358	investigatory and conciliatory powers if:
359	359	(1) the complaint has been referred to the commission
360	360	[Commission on Human Rights] by the federal government; or
361	361	(2) jurisdiction over the subject matter of the
362	362	complaint has been deferred to the commission [Commission on Human
363	363	Rights] by the federal government.
364	364	SECTION 20. Section 301.003, Property Code, is amended by
365	365	amending Subdivision (6) and adding Subdivisions (9-a) and (10-a)
366	366	to read as follows:
367	367	(6) "Disability" means a mental or physical impairment
368	368	that substantially limits at least one major life activity, a
369	369	record of the impairment, or being regarded as having the
370	370	impairment. The term does not include current illegal use of or
371	371	addiction to any drug or illegal or federally controlled substance
372	372	[and does not apply to an individual because of an individual's
373	373	sexual orientation or because that individual is a transvestite].
374	374	(9-a) "Gender identity or expression" means having or
375	375	being perceived as having a gender-related identity, appearance,
376	376	expression, or behavior, regardless of whether that identity,
377	377	appearance, expression, or behavior is different from that commonly
378	378	associated with the individual's actual or perceived sex.
379	379	(10-a) "Sexual orientation" means the actual or
380	380	perceived status of an individual with respect to the individual's
381	381	sexuality.
382	382	SECTION 21. Sections 301.021(a) and (b), Property Code, are
383	383	amended to read as follows:
384	384	(a) A person may not refuse to sell or rent, after the making
385	385	of a bona fide offer, refuse to negotiate for the sale or rental of,
386	386	or in any other manner make unavailable or deny a dwelling to
387	387	another because of race, color, religion, sex, familial status,
388	388	[or] national origin, sexual orientation, or gender identity or
389	389	expression.
390	390	(b) A person may not discriminate against another in the
391	391	terms, conditions, or privileges of sale or rental of a dwelling or
392	392	in providing services or facilities in connection with a sale or
393	393	rental of a dwelling because of race, color, religion, sex,
394	394	familial status, [or] national origin, sexual orientation, or
395	395	gender identity or expression.
396	396	SECTION 22. Section 301.022, Property Code, is amended to
397	397	read as follows:
398	398	Sec. 301.022. PUBLICATION. A person may not make, print, or
399	399	publish or effect the making, printing, or publishing of a notice,
400	400	statement, or advertisement that is about the sale or rental of a
401	401	dwelling and that indicates any preference, limitation, or
402	402	discrimination or the intention to make a preference, limitation,
403	403	or discrimination because of race, color, religion, sex,
404	404	disability, familial status, [or] national origin, sexual
405	405	orientation, or gender identity or expression.
406	406	SECTION 23. Section 301.023, Property Code, is amended to
407	407	read as follows:
408	408	Sec. 301.023. INSPECTION. A person may not represent to
409	409	another because of race, color, religion, sex, disability, familial
410	410	status, [or] national origin, sexual orientation, or gender
411	411	identity or expression that a dwelling is not available for
412	412	inspection for sale or rental when the dwelling is available for
413	413	inspection.
414	414	SECTION 24. Section 301.024, Property Code, is amended to
415	415	read as follows:
416	416	Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
417	417	for profit, induce or attempt to induce another to sell or rent a
418	418	dwelling by representations regarding the entry or prospective
419	419	entry into a neighborhood of a person of a particular race, color,
420	420	religion, sex, disability, familial status, [or] national origin,
421	421	sexual orientation, or gender identity or expression.
422	422	SECTION 25. Section 301.026(a), Property Code, is amended
423	423	to read as follows:
424	424	(a) A person whose business includes engaging in
425	425	residential real estate related transactions may not discriminate
426	426	against another in making a real estate related transaction
427	427	available or in the terms or conditions of a real estate related
428	428	transaction because of race, color, religion, sex, disability,
429	429	familial status, [or] national origin, sexual orientation, or
430	430	gender identity or expression.
431	431	SECTION 26. Section 301.027, Property Code, is amended to
432	432	read as follows:
433	433	Sec. 301.027. BROKERAGE SERVICES. A person may not deny
434	434	another access to, or membership or participation in, a
435	435	multiple-listing service, real estate brokers' organization, or
436	436	other service, organization, or facility relating to the business
437	437	of selling or renting dwellings, or discriminate against a person
438	438	in the terms or conditions of access, membership, or participation
439	439	in such an organization, service, or facility because of race,
440	440	color, religion, sex, disability, familial status, [or] national
441	441	origin, sexual orientation, or gender identity or expression.
442	442	SECTION 27. Sections 301.042(a) and (c), Property Code, are
443	443	amended to read as follows:
444	444	(a) This chapter does not prohibit a religious
445	445	organization, association, or society or a nonprofit institution or
446	446	organization operated, supervised, or controlled by or in
447	447	conjunction with a religious organization, association, or society
448	448	from:
449	449	(1) limiting the sale, rental, or occupancy of
450	450	dwellings that it owns or operates for other than a commercial
451	451	purpose to persons of the same religion; or
452	452	(2) giving preference to persons of the same religion,
453	453	unless membership in the religion is restricted because of race,
454	454	color, [or] national origin, sexual orientation, or gender identity
455	455	or expression.
456	456	(c) This chapter does not prohibit a person engaged in the
457	457	business of furnishing appraisals of real property from considering
458	458	in those appraisals factors other than race, color, religion, sex,
459	459	disability, familial status, [or] national origin, sexual
460	460	orientation, or gender identity or expression.
461	461	SECTION 28. Section 301.068, Property Code, is amended to
462	462	read as follows:
463	463	Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
464	464	Subsection (b), the [The] commission may defer proceedings under
465	465	this chapter and refer a complaint to a municipality that has been
466	466	certified by the federal Department of Housing and Urban
467	467	Development as a substantially equivalent fair housing agency.
468	468	(b) The commission may not defer proceedings and refer a
469	469	complaint under Subsection (a) to a municipality in which the
470	470	alleged discrimination occurred if:
471	471	(1) the complaint alleges discrimination based on
472	472	sexual orientation or gender identity or expression; and
473	473	(2) the municipality does not have laws prohibiting
474	474	the alleged discrimination.
475	475	SECTION 29. Section 301.171(a), Property Code, is amended
476	476	to read as follows:
477	477	(a) A person commits an offense if the person, without
478	478	regard to whether the person is acting under color of law, by force
479	479	or threat of force intentionally intimidates or interferes with a
480	480	person:
481	481	(1) because of the person's race, color, religion,
482	482	sex, disability, familial status, [or] national origin, sexual
483	483	orientation, or gender identity or expression and because the
484	484	person is or has been selling, purchasing, renting, financing,
485	485	occupying, or contracting or negotiating for the sale, purchase,
486	486	rental, financing, or occupation of any dwelling or applying for or
487	487	participating in a service, organization, or facility relating to
488	488	the business of selling or renting dwellings; or
489	489	(2) because the person is or has been or to intimidate
490	490	the person from:
491	491	(A) participating, without discrimination
492	492	because of race, color, religion, sex, disability, familial status,
493	493	[or] national origin, sexual orientation, or gender identity or
494	494	expression, in an activity, service, organization, or facility
495	495	described by Subdivision (1); [or]
496	496	(B) affording another person opportunity or
497	497	protection to so participate; or
498	498	(C) lawfully aiding or encouraging other persons
499	499	to participate, without discrimination because of race, color,
500	500	religion, sex, disability, familial status, [or] national origin,
501	501	sexual orientation, or gender identity or expression, in an
502	502	activity, service, organization, or facility described by
503	503	Subdivision (1).
504	504	SECTION 30. (a) Section 2155.0065, Government Code, as
505	505	added by this Act, applies only to a contract for which a state
506	506	agency first advertises or otherwise solicits bids, proposals,
507	507	offers, qualifications, or other similar expressions of interest on
508	508	or after the effective date of this Act.
509	509	(b) The changes in law made by this Act to the Labor Code
510	510	apply to conduct occurring on or after the effective date of this
511	511	Act. Conduct occurring before that date is governed by the law in
512	512	effect on the date the conduct occurred, and the former law is
513	513	continued in effect for that purpose.
514	514	(c) The changes in law made by this Act to the Property Code
515	515	apply only to a complaint filed with the Texas Workforce Commission
516	516	on or after the effective date of this Act. A complaint filed
517	517	before that date is governed by the law as it existed immediately
518	518	before the effective date of this Act, and that law is continued in
519	519	effect for that purpose.
520	520	SECTION 31. This Act takes effect September 1, 2021.