Texas 2021 - 87th Regular

Texas House Bill HB4122 Compare Versions

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

Old	New	Differences
1	1	87R10705 MCF-D
2	2	By: Rose H.B. No. 4122
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting certain discrimination based on sexual
8	8	orientation or gender identity or expression.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Articles 42.014(a) and (c), Code of Criminal
11	11	Procedure, are amended to read as follows:
12	12	(a) In the trial of an offense under Title 5, Penal Code, or
13	13	Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an
14	14	affirmative finding of fact and enter the affirmative finding in
15	15	the judgment of the case if at the guilt or innocence phase of the
16	16	trial, the judge or the jury, whichever is the trier of fact,
17	17	determines beyond a reasonable doubt that the defendant
18	18	intentionally selected the person against whom the offense was
19	19	committed, or intentionally selected the person's property that was
20	20	damaged or affected as a result of the offense, because of the
21	21	defendant's bias or prejudice against a group identified by race,
22	22	color, disability, religion, national origin or ancestry, age,
23	23	gender, [or] sexual orientation, or gender identity or expression
24	24	[preference] or by status as a peace officer or judge.
25	25	(c) In this article:
26	26	(1) "Gender identity or expression" means having or
27	27	being perceived as having a gender-related identity, appearance,
28	28	expression, or behavior, regardless of whether that identity,
29	29	appearance, expression, or behavior is different from that commonly
30	30	associated with the person's actual or perceived sex.
31	31	(2) "Sexual orientation" means the actual or perceived
32	32	status of an individual with respect to the individual's
33	33	sexuality[, "sexual preference" has the following meaning only: a
34	34	preference for heterosexuality, homosexuality, or bisexuality].
35	35	SECTION 2. Section 153.003, Family Code, is amended to read
36	36	as follows:
37	37	Sec. 153.003. NO DISCRIMINATION BASED ON SEX, SEXUAL
38	38	ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR MARITAL STATUS. (a)
39	39	The court shall consider the qualifications of the parties without
40	40	regard to their marital status, sexual orientation, or gender
41	41	identity or expression, or to the sex of the party or the child in
42	42	determining:
43	43	(1) which party to appoint as sole managing
44	44	conservator;
45	45	(2) whether to appoint a party as joint managing
46	46	conservator; and
47	47	(3) the terms and conditions of conservatorship and
48	48	possession of and access to the child.
49	49	(b) In this section:
50	50	(1) "Gender identity or expression" means having or
51	51	being perceived as having a gender-related identity, appearance,
52	52	expression, or behavior, regardless of whether that identity,
53	53	appearance, expression, or behavior is different from that commonly
54	54	associated with the person's actual or perceived sex.
55	55	(2) "Sexual orientation" means the actual or perceived
56	56	status of an individual with respect to the individual's sexuality.
57	57	SECTION 3. Section 544.002, Insurance Code, is amended by
58	58	amending Subsection (a) and adding Subsection (d) to read as
59	59	follows:
60	60	(a) A person may not refuse to insure or provide coverage to
61	61	an individual, refuse to continue to insure or provide coverage to
62	62	an individual, limit the amount, extent, or kind of coverage
63	63	available for an individual, or charge an individual a rate that is
64	64	different from the rate charged to other individuals for the same
65	65	coverage because of the individual's:
66	66	(1) race, color, religion, or national origin;
67	67	(2) age, gender, marital status, or geographic
68	68	location; [or]
69	69	(3) disability or partial disability; or
70	70	(4) sexual orientation or gender identity or
71	71	expression.
72	72	(d) In this section:
73	73	(1) "Gender identity or expression" means having or
74	74	being perceived as having a gender-related identity, appearance,
75	75	expression, or behavior, regardless of whether that identity,
76	76	appearance, expression, or behavior is different from that commonly
77	77	associated with the person's actual or perceived sex.
78	78	(2) "Sexual orientation" means the actual or perceived
79	79	status of an individual with respect to the individual's sexuality.
80	80	SECTION 4. Section 21.002, Labor Code, is amended by adding
81	81	Subdivisions (9-a) and (13-a) to read as follows:
82	82	(9-a) "Gender identity or expression" means having or
83	83	being perceived as having a gender-related identity, appearance,
84	84	expression, or behavior, regardless of whether that identity,
85	85	appearance, expression, or behavior is different from that commonly
86	86	associated with the person's actual or perceived sex.
87	87	(13-a) "Sexual orientation" means the actual or
88	88	perceived status of an individual with respect to the individual's
89	89	sexuality.
90	90	SECTION 5. Section 21.051, Labor Code, is amended to read as
91	91	follows:
92	92	Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
93	93	commits an unlawful employment practice if because of race, color,
94	94	disability, religion, sex, national origin, [or] age, sexual
95	95	orientation, or gender identity or expression the employer:
96	96	(1) fails or refuses to hire an individual, discharges
97	97	an individual, or discriminates in any other manner against an
98	98	individual in connection with compensation or the terms,
99	99	conditions, or privileges of employment; or
100	100	(2) limits, segregates, or classifies an employee or
101	101	applicant for employment in a manner that would deprive or tend to
102	102	deprive an individual of any employment opportunity or adversely
103	103	affect in any other manner the status of an employee.
104	104	SECTION 6. Article 42.014, Code of Criminal Procedure, as
105	105	amended by this Act, applies only to an offense committed on or
106	106	after the effective date of this Act. An offense committed before
107	107	the effective date of this Act is governed by the law in effect on
108	108	the date the offense was committed, and the former law is continued
109	109	in effect for that purpose. For purposes of this section, an offense
110	110	was committed before the effective date of this Act if any element
111	111	of the offense occurred before that date.
112	112	SECTION 7. (a) Section 153.003, Family Code, as amended by
113	113	this Act, applies to a suit affecting the parent-child relationship
114	114	pending in a trial court on the effective date of this Act or filed
115	115	on or after that date.
116	116	(b) The enactment of this Act constitutes a material and
117	117	substantial change of circumstances sufficient to warrant
118	118	modification of a court order or portion of a decree that provides
119	119	for conservatorship or possession of or access to a child rendered
120	120	before the effective date of this Act.
121	121	SECTION 8. Section 544.002, Insurance Code, as amended by
122	122	this Act, applies only to a health benefit plan delivered, issued
123	123	for delivery, or renewed on or after January 1, 2022. A health
124	124	benefit plan delivered, issued for delivery, or renewed before
125	125	January 1, 2022, is governed by the law as it existed immediately
126	126	before the effective date of this Act, and that law is continued in
127	127	effect for that purpose.
128	128	SECTION 9. Section 21.051, Labor Code, as amended by this
129	129	Act, applies to conduct occurring on or after the effective date of
130	130	this Act. Conduct occurring before that date is governed by the law
131	131	in effect on the date the conduct occurred, and the former law is
132	132	continued in effect for that purpose.
133	133	SECTION 10. This Act takes effect September 1, 2021.