Texas 2021 - 87th Regular

Texas Senate Bill SB233 Compare Versions

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

Old	New	Differences
1	1	87R1159 KSD-F
2	2	By: Whitmire S.B. No. 233
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 assigned
28	28	or designated at birth.
29	29	(4) "Public accommodation" means a business or other
30	30	entity that offers to the public food, shelter, recreation or
31	31	amusement, or any other goods, service, privilege, facility, or
32	32	accommodation.
33	33	(5) "Religious organization" means:
34	34	(A) a religious corporation, association, or
35	35	society; or
36	36	(B) a school, institution of higher education, or
37	37	other educational institution, not otherwise a religious
38	38	organization, that:
39	39	(i) is wholly or substantially controlled,
40	40	managed, owned, or supported by a religious organization; or
41	41	(ii) has a curriculum directed toward the
42	42	propagation of a particular religion.
43	43	(6) "Sexual orientation" means the actual or perceived
44	44	status of an individual with respect to the individual's sexuality.
45	45	Sec. 100B.002. APPLICABILITY OF CHAPTER. (a) Except as
46	46	provided by Subsection (b), this chapter does not apply to a
47	47	religious organization.
48	48	(b) This chapter applies to activities conducted by a
49	49	religious organization for profit to the extent that those
50	50	activities are subject to federal taxation under Section 511(a),
51	51	Internal Revenue Code of 1986, as that section existed on September
52	52	1, 2021.
53	53	SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
54	54	Sec. 100B.051. PUBLIC ACCOMMODATIONS. (a) Except as
55	55	provided by Subsection (b), a person engages in a discriminatory
56	56	practice and violates this chapter if the person, because of the
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 based on sexual orientation or gender
65	65	identity or expression.
66	66	(b) A person does not engage in a discriminatory practice or
67	67	violate this chapter under Subsection (a) if segregation or
68	68	separation of an individual is necessary to provide a service that:
69	69	(1) provides acceptance, support, and understanding
70	70	to the individual;
71	71	(2) assists the individual with coping with the
72	72	individual's sexual orientation or gender identity or expression,
73	73	maintaining social support, and exploring and identifying the
74	74	individual's identity; or
75	75	(3) provides support to an individual undergoing a
76	76	gender transition.
77	77	(c) The services described by Subsection (b)(2) include a
78	78	sexual orientation-neutral intervention for preventing or
79	79	addressing unlawful conduct or unsafe sexual practices if the
80	80	intervention does not seek to change the individual's sexual
81	81	orientation or gender identity or expression.
82	82	SUBCHAPTER C. CAUSE OF ACTION
83	83	Sec. 100B.101. CIVIL ACTION. An aggrieved person may file a
84	84	civil action in district court not later than the second
85	85	anniversary of the occurrence of the termination of an alleged
86	86	discriminatory practice under this chapter to obtain appropriate
87	87	relief with respect to the discriminatory practice.
88	88	Sec. 100B.102. RELIEF GRANTED. In an action under this
89	89	subchapter, if the court finds that a discriminatory practice has
90	90	occurred or is about to occur, the court may award to the plaintiff:
91	91	(1) actual and punitive damages;
92	92	(2) reasonable attorney's fees;
93	93	(3) court costs; and
94	94	(4) any permanent or temporary injunction, temporary
95	95	restraining order, or other order, including an order enjoining the
96	96	defendant from engaging in the practice or ordering other
97	97	appropriate action.
98	98	SECTION 2. Subchapter A, Chapter 2155, Government Code, is
99	99	amended by adding Section 2155.0065 to read as follows:
100	100	Sec. 2155.0065. PROHIBITION AGAINST DISCRIMINATION BY
101	101	STATE CONTRACTOR BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY OR
102	102	EXPRESSION. (a) In this section:
103	103	(1) "Employee" means an individual who is employed by
104	104	a contractor or subcontractor for compensation.
105	105	(2) "Gender identity or expression" means having or
106	106	being perceived as having a gender-related identity, appearance,
107	107	expression, or behavior, regardless of whether that identity,
108	108	appearance, expression, or behavior is different from that commonly
109	109	associated with the individual's actual or perceived sex assigned
110	110	or designated at birth.
111	111	(3) "Sexual orientation" means the actual or perceived
112	112	status of an individual with respect to the individual's sexuality.
113	113	(b) A state agency contracting with a contractor under this
114	114	subtitle shall require the contractor to adopt and apply an
115	115	employment policy under which the contractor and any subcontractor
116	116	may not, because of sexual orientation or gender identity or
117	117	expression:
118	118	(1) fail or refuse to hire an individual, discharge an
119	119	individual, or discriminate in any other manner against an
120	120	individual in connection with compensation or the terms,
121	121	conditions, or privileges of employment; or
122	122	(2) limit, segregate, or classify an employee or
123	123	applicant for employment in a manner that would deprive or tend to
124	124	deprive an individual of any employment opportunity or adversely
125	125	affect in any other manner the status of an employee.
126	126	(c) Each contract entered into between a state agency and a
127	127	contractor under this subtitle must include terms that:
128	128	(1) authorize an employee of a contractor or
129	129	subcontractor, or an applicant for employment with the contractor
130	130	or subcontractor, to make a verbal or written complaint to the state
131	131	agency regarding the contractor's or subcontractor's noncompliance
132	132	with an employment policy required by Subsection (b);
133	133	(2) explain that, on confirmation of a contractor's or
134	134	subcontractor's noncompliance with an employment policy required
135	135	by Subsection (b) that is the subject of a complaint, the state
136	136	agency shall provide to the contractor written notice of the
137	137	noncompliance by hand delivery or certified mail;
138	138	(3) inform a contractor that the state agency may
139	139	impose an administrative penalty if the contractor fails to comply
140	140	with an employment policy required by Subsection (b) after the date
141	141	on which the contractor receives notice under Subdivision (2); and
142	142	(4) explain that an amount equal to the amount of the
143	143	administrative penalty may be withheld from a payment otherwise
144	144	owed to a contractor under a contract.
145	145	(d) The amount of an administrative penalty imposed under
146	146	Subsection (c)(3) is $100 per day for each employee or applicant for
147	147	employment who is discriminated against in violation of an
148	148	employment policy required by Subsection (b).
149	149	(e) Each state agency shall develop procedures for the
150	150	administration of this section.
151	151	SECTION 3. Section 21.002, Labor Code, is amended by adding
152	152	Subdivisions (9-a) and (13-a) to read as follows:
153	153	(9-a) "Gender identity or expression" means having or
154	154	being perceived as having a gender-related identity, appearance,
155	155	expression, or behavior, regardless of whether that identity,
156	156	appearance, expression, or behavior is different from that commonly
157	157	associated with the individual's actual or perceived sex assigned
158	158	or designated at birth.
159	159	(13-a) "Sexual orientation" means the actual or
160	160	perceived status of an individual with respect to the individual's
161	161	sexuality.
162	162	SECTION 4. Section 21.051, Labor Code, is amended to read as
163	163	follows:
164	164	Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
165	165	commits an unlawful employment practice if because of race, color,
166	166	disability, religion, sex, national origin, [or] age, sexual
167	167	orientation, or gender identity or expression the employer:
168	168	(1) fails or refuses to hire an individual, discharges
169	169	an individual, or discriminates in any other manner against an
170	170	individual in connection with compensation or the terms,
171	171	conditions, or privileges of employment; or
172	172	(2) limits, segregates, or classifies an employee or
173	173	applicant for employment in a manner that would deprive or tend to
174	174	deprive an individual of any employment opportunity or adversely
175	175	affect in any other manner the status of an employee.
176	176	SECTION 5. Section 21.052, Labor Code, is amended to read as
177	177	follows:
178	178	Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
179	179	employment agency commits an unlawful employment practice if the
180	180	employment agency:
181	181	(1) fails or refuses to refer for employment or
182	182	discriminates in any other manner against an individual because of
183	183	race, color, disability, religion, sex, national origin, [or] age,
184	184	sexual orientation, or gender identity or expression; or
185	185	(2) classifies or refers an individual for employment
186	186	on the basis of race, color, disability, religion, sex, national
187	187	origin, [or] age, sexual orientation, or gender identity or
188	188	expression.
189	189	SECTION 6. Section 21.053, Labor Code, is amended to read as
190	190	follows:
191	191	Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
192	192	organization commits an unlawful employment practice if because of
193	193	race, color, disability, religion, sex, national origin, [or] age,
194	194	sexual orientation, or gender identity or expression the labor
195	195	organization:
196	196	(1) excludes or expels from membership or
197	197	discriminates in any other manner against an individual; or
198	198	(2) limits, segregates, or classifies a member or an
199	199	applicant for membership or classifies or fails or refuses to refer
200	200	for employment an individual in a manner that would:
201	201	(A) deprive or tend to deprive an individual of
202	202	any employment opportunity;
203	203	(B) limit an employment opportunity or adversely
204	204	affect in any other manner the status of an employee or of an
205	205	applicant for employment; or
206	206	(C) cause or attempt to cause an employer to
207	207	violate this subchapter.
208	208	SECTION 7. Section 21.054, Labor Code, is amended to read as
209	209	follows:
210	210	Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING
211	211	PROGRAM. [(a)] Unless a training or retraining opportunity or
212	212	program is provided under an affirmative action plan approved under
213	213	a federal law, rule, or order, an employer, labor organization, or
214	214	joint labor-management committee controlling an apprenticeship,
215	215	on-the-job training, or other training or retraining program
216	216	commits an unlawful employment practice if the employer, labor
217	217	organization, or committee discriminates against an individual
218	218	because of race, color, disability, religion, sex, national origin,
219	219	[or] age, sexual orientation, or gender identity or expression in
220	220	admission to or participation in the program.
221	221	SECTION 8. Section 21.059(a), Labor Code, is amended to
222	222	read as follows:
223	223	(a) An employer, labor organization, employment agency, or
224	224	joint labor-management committee controlling an apprenticeship,
225	225	on-the-job training, or other training or retraining program
226	226	commits an unlawful employment practice if the employer, labor
227	227	organization, employment agency, or committee prints or publishes
228	228	or causes to be printed or published a notice or advertisement
229	229	relating to employment that:
230	230	(1) indicates a preference, limitation,
231	231	specification, or discrimination based on race, color, disability,
232	232	religion, sex, national origin, [or] age, sexual orientation, or
233	233	gender identity or expression; and
234	234	(2) concerns an employee's status, employment, or
235	235	admission to or membership or participation in a labor union or
236	236	training or retraining program.
237	237	SECTION 9. Section 21.102(c), Labor Code, is amended to
238	238	read as follows:
239	239	(c) This section does not apply to standards of compensation
240	240	or terms, conditions, or privileges of employment that are
241	241	discriminatory on the basis of race, color, disability, religion,
242	242	sex, national origin, [or] age, sexual orientation, or gender
243	243	identity or expression.
244	244	SECTION 10. Section 21.112, Labor Code, is amended to read
245	245	as follows:
246	246	Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
247	247	does not commit an unlawful employment practice by applying to
248	248	employees who work in different locations different standards of
249	249	compensation or different terms, conditions, or privileges of
250	250	employment that are not discriminatory on the basis of race, color,
251	251	disability, religion, sex, national origin, [or] age, sexual
252	252	orientation, or gender identity or expression.
253	253	SECTION 11. Section 21.113, Labor Code, is amended to read
254	254	as follows:
255	255	Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter
256	256	does not require a person subject to this chapter to grant
257	257	preferential treatment to an individual or a group on the basis of
258	258	race, color, disability, religion, sex, national origin, [or] age,
259	259	sexual orientation, or gender identity or expression because of an
260	260	imbalance between:
261	261	(1) the total number or percentage of persons of that
262	262	individual's or group's race, color, disability, religion, sex,
263	263	national origin, [or] age, sexual orientation, or gender identity
264	264	or expression:
265	265	(A) employed by an employer;
266	266	(B) referred or classified for employment by an
267	267	employment agency or labor organization;
268	268	(C) admitted to membership or classified by a
269	269	labor organization; or
270	270	(D) admitted to or employed in an apprenticeship,
271	271	on-the-job training, or other training or retraining program; and
272	272	(2) the total number or percentage of persons of that
273	273	race, color, disability, religion, sex, national origin, [or] age,
274	274	sexual orientation, or gender identity or expression in:
275	275	(A) a community, this state, a region, or other
276	276	area; or
277	277	(B) the available work force in a community, this
278	278	state, a region, or other area.
279	279	SECTION 12. Section 21.120(b), Labor Code, is amended to
280	280	read as follows:
281	281	(b) Subsection (a) does not apply to a policy adopted or
282	282	applied with the intent to discriminate because of race, color,
283	283	sex, national origin, religion, age, [or] disability, sexual
284	284	orientation, or gender identity or expression.
285	285	SECTION 13. Section 21.122(a), Labor Code, is amended to
286	286	read as follows:
287	287	(a) An unlawful employment practice based on disparate
288	288	impact is established under this chapter only if:
289	289	(1) a complainant demonstrates that a respondent uses
290	290	a particular employment practice that causes a disparate impact on
291	291	the basis of race, color, sex, national origin, religion, [or]
292	292	disability, sexual orientation, or gender identity or expression
293	293	and the respondent fails to demonstrate that the challenged
294	294	practice is job-related for the position in question and consistent
295	295	with business necessity; or
296	296	(2) the complainant makes the demonstration in
297	297	accordance with federal law as that law existed June 4, 1989, with
298	298	respect to the concept of alternative employment practices, and the
299	299	respondent refuses to adopt such an alternative employment
300	300	practice.
301	301	SECTION 14. Section 21.124, Labor Code, is amended to read
302	302	as follows:
303	303	Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
304	304	SCORES. It is an unlawful employment practice for a respondent, in
305	305	connection with the selection or referral of applicants for
306	306	employment or promotion, to adjust the scores of, use different
307	307	cutoff scores for, or otherwise alter the results of
308	308	employment-related tests on the basis of race, color, sex, national
309	309	origin, religion, age, [or] disability, sexual orientation, or
310	310	gender identity or expression.
311	311	SECTION 15. The heading to Section 21.125, Labor Code, is
312	312	amended to read as follows:
313	313	Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
314	314	CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
315	315	[OR] DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY OR
316	316	EXPRESSION IN EMPLOYMENT PRACTICES.
317	317	SECTION 16. Section 21.125(a), Labor Code, is amended to
318	318	read as follows:
319	319	(a) Except as otherwise provided by this chapter, an
320	320	unlawful employment practice is established when the complainant
321	321	demonstrates that race, color, sex, national origin, religion, age,
322	322	[or] disability, sexual orientation, or gender identity or
323	323	expression was a motivating factor for an employment practice, even
324	324	if other factors also motivated the practice, unless race, color,
325	325	sex, national origin, religion, age, [or] disability, sexual
326	326	orientation, or gender identity or expression is combined with
327	327	objective job-related factors to attain diversity in the employer's
328	328	work force.
329	329	SECTION 17. Section 21.126, Labor Code, is amended to read
330	330	as follows:
331	331	Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
332	332	STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
333	333	employment practice for a person elected to public office in this
334	334	state or a political subdivision of this state to discriminate
335	335	because of race, color, sex, national origin, religion, age, [or]
336	336	disability, sexual orientation, or gender identity or expression
337	337	against an individual who is an employee or applicant for
338	338	employment to:
339	339	(1) serve on the elected official's personal staff;
340	340	(2) serve the elected official on a policy-making
341	341	level; or
342	342	(3) serve the elected official as an immediate advisor
343	343	with respect to the exercise of the constitutional or legal powers
344	344	of the office.
345	345	SECTION 18. Section 21.152(a), Labor Code, is amended to
346	346	read as follows:
347	347	(a) A political subdivision or two or more political
348	348	subdivisions acting jointly may create a local commission to:
349	349	(1) promote the purposes of this chapter; and
350	350	(2) secure for all individuals in the jurisdiction of
351	351	each political subdivision freedom from discrimination because of
352	352	race, color, disability, religion, sex, national origin, [or] age,
353	353	sexual orientation, or gender identity or expression.
354	354	SECTION 19. Section 21.155(a), Labor Code, is amended to
355	355	read as follows:
356	356	(a) The commission [Commission on Human Rights] shall refer
357	357	a complaint concerning discrimination in employment because of
358	358	race, color, disability, religion, sex, national origin, [or] age,
359	359	sexual orientation, or gender identity or expression that is filed
360	360	with that commission to a local commission with the necessary
361	361	investigatory and conciliatory powers if:
362	362	(1) the complaint has been referred to the commission
363	363	[Commission on Human Rights] by the federal government; or
364	364	(2) jurisdiction over the subject matter of the
365	365	complaint has been deferred to the commission [Commission on Human
366	366	Rights] by the federal government.
367	367	SECTION 20. Section 301.003, Property Code, is amended by
368	368	amending Subdivision (6) and adding Subdivisions (9-a) and (10-a)
369	369	to read as follows:
370	370	(6) "Disability" means a mental or physical impairment
371	371	that substantially limits at least one major life activity, a
372	372	record of the impairment, or being regarded as having the
373	373	impairment. The term does not include current illegal use of or
374	374	addiction to any drug or illegal or federally controlled substance
375	375	[and does not apply to an individual because of an individual's
376	376	sexual orientation or because that individual is a transvestite].
377	377	(9-a) "Gender identity or expression" means having or
378	378	being perceived as having a gender-related identity, appearance,
379	379	expression, or behavior, regardless of whether that identity,
380	380	appearance, expression, or behavior is different from that commonly
381	381	associated with the individual's actual or perceived sex assigned
382	382	or designated at birth.
383	383	(10-a) "Sexual orientation" means the actual or
384	384	perceived status of an individual with respect to the individual's
385	385	sexuality.
386	386	SECTION 21. Sections 301.021(a) and (b), Property Code, are
387	387	amended to read as follows:
388	388	(a) A person may not refuse to sell or rent, after the making
389	389	of a bona fide offer, refuse to negotiate for the sale or rental of,
390	390	or in any other manner make unavailable or deny a dwelling to
391	391	another because of race, color, religion, sex, familial status,
392	392	[or] national origin, sexual orientation, or gender identity or
393	393	expression.
394	394	(b) A person may not discriminate against another in the
395	395	terms, conditions, or privileges of sale or rental of a dwelling or
396	396	in providing services or facilities in connection with a sale or
397	397	rental of a dwelling because of race, color, religion, sex,
398	398	familial status, [or] national origin, sexual orientation, or
399	399	gender identity or expression.
400	400	SECTION 22. Section 301.022, Property Code, is amended to
401	401	read as follows:
402	402	Sec. 301.022. PUBLICATION. A person may not make, print, or
403	403	publish or effect the making, printing, or publishing of a notice,
404	404	statement, or advertisement that is about the sale or rental of a
405	405	dwelling and that indicates any preference, limitation, or
406	406	discrimination or the intention to make a preference, limitation,
407	407	or discrimination because of race, color, religion, sex,
408	408	disability, familial status, [or] national origin, sexual
409	409	orientation, or gender identity or expression.
410	410	SECTION 23. Section 301.023, Property Code, is amended to
411	411	read as follows:
412	412	Sec. 301.023. INSPECTION. A person may not represent to
413	413	another because of race, color, religion, sex, disability, familial
414	414	status, [or] national origin, sexual orientation, or gender
415	415	identity or expression that a dwelling is not available for
416	416	inspection for sale or rental when the dwelling is available for
417	417	inspection.
418	418	SECTION 24. Section 301.024, Property Code, is amended to
419	419	read as follows:
420	420	Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
421	421	for profit, induce or attempt to induce another to sell or rent a
422	422	dwelling by representations regarding the entry or prospective
423	423	entry into a neighborhood of a person of a particular race, color,
424	424	religion, sex, disability, familial status, [or] national origin,
425	425	sexual orientation, or gender identity or expression.
426	426	SECTION 25. Section 301.026(a), Property Code, is amended
427	427	to read as follows:
428	428	(a) A person whose business includes engaging in
429	429	residential real estate related transactions may not discriminate
430	430	against another in making a real estate related transaction
431	431	available or in the terms or conditions of a real estate related
432	432	transaction because of race, color, religion, sex, disability,
433	433	familial status, [or] national origin, sexual orientation, or
434	434	gender identity or expression.
435	435	SECTION 26. Section 301.027, Property Code, is amended to
436	436	read as follows:
437	437	Sec. 301.027. BROKERAGE SERVICES. A person may not deny
438	438	another access to, or membership or participation in, a
439	439	multiple-listing service, real estate brokers' organization, or
440	440	other service, organization, or facility relating to the business
441	441	of selling or renting dwellings, or discriminate against a person
442	442	in the terms or conditions of access, membership, or participation
443	443	in such an organization, service, or facility because of race,
444	444	color, religion, sex, disability, familial status, [or] national
445	445	origin, sexual orientation, or gender identity or expression.
446	446	SECTION 27. Sections 301.042(a) and (c), Property Code, are
447	447	amended to read as follows:
448	448	(a) This chapter does not prohibit a religious
449	449	organization, association, or society or a nonprofit institution or
450	450	organization operated, supervised, or controlled by or in
451	451	conjunction with a religious organization, association, or society
452	452	from:
453	453	(1) limiting the sale, rental, or occupancy of
454	454	dwellings that it owns or operates for other than a commercial
455	455	purpose to persons of the same religion; or
456	456	(2) giving preference to persons of the same religion,
457	457	unless membership in the religion is restricted because of race,
458	458	color, [or] national origin, sexual orientation, or gender identity
459	459	or expression.
460	460	(c) This chapter does not prohibit a person engaged in the
461	461	business of furnishing appraisals of real property from considering
462	462	in those appraisals factors other than race, color, religion, sex,
463	463	disability, familial status, [or] national origin, sexual
464	464	orientation, or gender identity or expression.
465	465	SECTION 28. Section 301.068, Property Code, is amended to
466	466	read as follows:
467	467	Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
468	468	Subsection (b), the [The] commission may defer proceedings under
469	469	this chapter and refer a complaint to a municipality that has been
470	470	certified by the federal Department of Housing and Urban
471	471	Development as a substantially equivalent fair housing agency.
472	472	(b) The commission may not defer proceedings and refer a
473	473	complaint under Subsection (a) to a municipality in which the
474	474	alleged discrimination occurred if:
475	475	(1) the complaint alleges discrimination based on
476	476	sexual orientation or gender identity or expression; and
477	477	(2) the municipality does not have laws prohibiting
478	478	the alleged discrimination.
479	479	SECTION 29. Section 301.171(a), Property Code, is amended
480	480	to read as follows:
481	481	(a) A person commits an offense if the person, without
482	482	regard to whether the person is acting under color of law, by force
483	483	or threat of force intentionally intimidates or interferes with a
484	484	person:
485	485	(1) because of the person's race, color, religion,
486	486	sex, disability, familial status, [or] national origin, sexual
487	487	orientation, or gender identity or expression and because the
488	488	person is or has been selling, purchasing, renting, financing,
489	489	occupying, or contracting or negotiating for the sale, purchase,
490	490	rental, financing, or occupation of any dwelling or applying for or
491	491	participating in a service, organization, or facility relating to
492	492	the business of selling or renting dwellings; or
493	493	(2) because the person is or has been or to intimidate
494	494	the person from:
495	495	(A) participating, without discrimination
496	496	because of race, color, religion, sex, disability, familial status,
497	497	[or] national origin, sexual orientation, or gender identity or
498	498	expression, in an activity, service, organization, or facility
499	499	described by Subdivision (1); [or]
500	500	(B) affording another person opportunity or
501	501	protection to so participate; or
502	502	(C) lawfully aiding or encouraging other persons
503	503	to participate, without discrimination because of race, color,
504	504	religion, sex, disability, familial status, [or] national origin,
505	505	sexual orientation, or gender identity or expression, in an
506	506	activity, service, organization, or facility described by
507	507	Subdivision (1).
508	508	SECTION 30. (a) Section 2155.0065, Government Code, as
509	509	added by this Act, applies only to a contract for which a state
510	510	agency first advertises or otherwise solicits bids, proposals,
511	511	offers, qualifications, or other similar expressions of interest on
512	512	or after the effective date of this Act.
513	513	(b) The changes in law made by this Act to the Labor Code
514	514	apply to conduct occurring on or after the effective date of this
515	515	Act. Conduct occurring before that date is governed by the law in
516	516	effect on the date the conduct occurred, and the former law is
517	517	continued in effect for that purpose.
518	518	(c) The changes in law made by this Act to the Property Code
519	519	apply only to a complaint filed with the Texas Workforce Commission
520	520	on or after the effective date of this Act. A complaint filed
521	521	before that date is governed by the law as it existed immediately
522	522	before the effective date of this Act, and that law is continued in
523	523	effect for that purpose.
524	524	SECTION 31. This Act takes effect September 1, 2021.