Texas 2023 - 88th Regular

Texas House Bill HB256 Compare Versions

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1	1	By: Bernal H.B. No. 256
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the prohibition of certain discrimination based on
7	7	sexual orientation or gender identity; providing an administrative
8	8	penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 4, Civil Practice and Remedies Code, is
11	11	amended by adding Chapter 100B to read as follows:
12	12	CHAPTER 100B. LIABILITY ARISING FROM DISCRIMINATION
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 100B.001. DEFINITIONS. In this chapter:
15	15	(1) "Aggrieved person" includes any person who:
16	16	(A) claims to have been injured by a
17	17	discriminatory practice; or
18	18	(B) believes that he or she will be injured by a
19	19	discriminatory practice that is about to occur.
20	20	(2) "Discriminatory practice" means an act prohibited
21	21	by this chapter.
22	22	(3) "Gender identity" means the gender-related
23	23	identity, appearance, or other gender-related characteristics of
24	24	an individual with or without regard to the individual's designated
25	25	sex at birth.
26	26	(4) "Public accommodation" means a business or other
27	27	entity that offers to the public food, shelter, recreation or
28	28	amusement, or any other goods, service, privilege, facility, or
29	29	accommodation.
30	30	(5) "Religious organization" means:
31	31	(A) a religious corporation, association, or
32	32	society; or
33	33	(B) a school, institution of higher education, or
34	34	other educational institution, not otherwise a religious
35	35	organization, that:
36	36	(i) is wholly or substantially controlled,
37	37	managed, owned, or supported by a religious organization; or
38	38	(ii) has a curriculum directed toward the
39	39	propagation of a particular religion.
40	40	(6) "Sexual orientation" means an individual's actual
41	41	or perceived heterosexuality, bisexuality, or homosexuality.
42	42	Sec. 100B.002. APPLICABILITY OF CHAPTER. (a) Except as
43	43	provided by Subsection (b), this chapter does not apply to a
44	44	religious organization.
45	45	(b) This chapter applies to activities conducted by a
46	46	religious organization for profit to the extent that those
47	47	activities are subject to federal taxation under Section 511(a),
48	48	Internal Revenue Code of 1986, as that section existed on September
49	49	1, 2021.
50	50	SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS
51	51	PROHIBITED
52	52	Sec. 100B.051. PUBLIC ACCOMMODATIONS. (a) Except as
53	53	provided by Subsection (b), a person engages in a discriminatory
54	54	practice and violates this chapter if the person, because of the
55	55	sexual orientation or gender identity of an individual:
56	56	(1) denies that individual full and equal
57	57	accommodation in any place of public accommodation in this state,
58	58	subject only to the conditions and limitations established by law
59	59	and applicable to all persons; or
60	60	(2) otherwise discriminates against or segregates or
61	61	separates the individual based on sexual orientation or gender
62	62	identity.
63	63	(b) A person does not engage in a discriminatory practice or
64	64	violate this chapter under Subsection (a) if segregation or
65	65	separation of an individual is necessary to provide a service that:
66	66	(1) provides acceptance, support, and understanding
67	67	to the individual;
68	68	(2) assists the individual with coping with the
69	69	individual's sexual orientation or gender identity, maintaining
70	70	social support, and exploring and identifying the individual's
71	71	identity; or
72	72	(3) provides support to an individual undergoing a
73	73	gender transition.
74	74	(c) The services described by Subsection (b)(2) include a
75	75	sexual orientation-neutral intervention for preventing or
76	76	addressing unlawful conduct or unsafe sexual practices if the
77	77	intervention does not seek to change the individual's sexual
78	78	orientation or gender identity.
79	79	SUBCHAPTER C. CAUSE OF ACTION
80	80	Sec. 100B.101. CIVIL ACTION. An aggrieved person may file a
81	81	civil action in district court not later than the second
82	82	anniversary of the occurrence of the termination of an alleged
83	83	discriminatory practice under this chapter to obtain appropriate
84	84	relief with respect to the discriminatory practice.
85	85	Sec. 100B.102. RELIEF GRANTED. In an action under this
86	86	subchapter, if the court finds that a discriminatory practice has
87	87	occurred or is about to occur, the court may award to the plaintiff:
88	88	(1) actual and punitive damages;
89	89	(2) reasonable attorney's fees;
90	90	(3) court costs; and
91	91	(4) any permanent or temporary injunction, temporary
92	92	restraining order, or other order, including an order enjoining the
93	93	defendant from engaging in the practice or ordering other
94	94	appropriate action.
95	95	SECTION 2. Subchapter A, Chapter 2155, Government Code, is
96	96	amended by adding Section 2155.0065 to read as follows:
97	97	Sec. 2155.0065. PROHIBITION AGAINST DISCRIMINATION BY
98	98	STATE CONTRACTOR BASED ON SEXUAL ORIENTATION OR GENDER
99	99	IDENTITY. (a) In this section:
100	100	(1) "Employee" means an individual who is employed by
101	101	a contractor or subcontractor for compensation.
102	102	(2) "Gender identity" means the gender-related
103	103	identity, appearance, or other gender-related characteristics of
104	104	an individual with or without regard to the individual's designated
105	105	sex at birth.
106	106	(3) "Sexual orientation" means an individual's actual
107	107	or perceived heterosexuality, bisexuality, or homosexuality.
108	108	(b) A state agency contracting with a contractor under this
109	109	subtitle shall require the contractor to adopt and apply an
110	110	employment policy under which the contractor and any subcontractor
111	111	may not, because of sexual orientation or gender identity:
112	112	(1) fail or refuse to hire an individual, discharge an
113	113	individual, or discriminate in any other manner against an
114	114	individual in connection with compensation or the terms,
115	115	conditions, or privileges of employment; or
116	116	(2) limit, segregate, or classify an employee or
117	117	applicant for employment in a manner that would deprive or tend to
118	118	deprive an individual of any employment opportunity or adversely
119	119	affect in any other manner the status of an employee.
120	120	(c) Each contract entered into between a state agency and a
121	121	contractor under this subtitle must include terms that:
122	122	(1) authorize an employee of a contractor or
123	123	subcontractor, or an applicant for employment with the contractor
124	124	or subcontractor, to make a verbal or written complaint to the state
125	125	agency regarding the contractor's or subcontractor's noncompliance
126	126	with an employment policy required by Subsection (b);
127	127	(2) explain that, on confirmation of a contractor's or
128	128	subcontractor's noncompliance with an employment policy required
129	129	by Subsection (b) that is the subject of a complaint, the state
130	130	agency shall provide to the contractor written notice of the
131	131	noncompliance by hand delivery or certified mail;
132	132	(3) inform a contractor that the state agency may
133	133	impose an administrative penalty if the contractor fails to comply
134	134	with an employment policy required by Subsection (b) after the date
135	135	on which the contractor receives notice under Subdivision (2); and
136	136	(4) explain that an amount equal to the amount of the
137	137	administrative penalty may be withheld from a payment otherwise
138	138	owed to a contractor under a contract.
139	139	(d) The amount of an administrative penalty imposed under
140	140	Subsection (c)(3) is $100 per day for each employee or applicant for
141	141	employment who is discriminated against in violation of an
142	142	employment policy required by Subsection (b).
143	143	(e) Each state agency shall develop procedures for the
144	144	administration of this section.
145	145	SECTION 3. Section 21.002, Labor Code, is amended by adding
146	146	Subdivisions (9-a) and (13-a) to read as follows:
147	147	(9-a) "Gender identity" means the gender-related
148	148	identity, appearance, or other gender-related characteristics of
149	149	an individual with or without regard to the individual's designated
150	150	sex at birth.
151	151	(13-a) "Sexual orientation" means an individual's
152	152	actual or perceived heterosexuality, bisexuality, or
153	153	homosexuality.
154	154	SECTION 4. Section 21.051, Labor Code, is amended to read as
155	155	follows:
156	156	Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
157	157	commits an unlawful employment practice if because of race, color,
158	158	disability, religion, sex, national origin, [or] age, sexual
159	159	orientation, or gender identity the employer:
160	160	(1) fails or refuses to hire an individual, discharges
161	161	an individual, or discriminates in any other manner against an
162	162	individual in connection with compensation or the terms,
163	163	conditions, or privileges of employment; or
164	164	(2) limits, segregates, or classifies an employee or
165	165	applicant for employment in a manner that would deprive or tend to
166	166	deprive an individual of any employment opportunity or adversely
167	167	affect in any other manner the status of an employee.
168	168	SECTION 5. Section 21.052, Labor Code, is amended to read as
169	169	follows:
170	170	Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
171	171	employment agency commits an unlawful employment practice if the
172	172	employment agency:
173	173	(1) fails or refuses to refer for employment or
174	174	discriminates in any other manner against an individual because of
175	175	race, color, disability, religion, sex, national origin, [or] age,
176	176	sexual orientation, or gender identity; or
177	177	(2) classifies or refers an individual for employment
178	178	on the basis of race, color, disability, religion, sex, national
179	179	origin, [or] age, sexual orientation, or gender identity.
180	180	SECTION 6. Section 21.053, Labor Code, is amended to read as
181	181	follows:
182	182	Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
183	183	organization commits an unlawful employment practice if because of
184	184	race, color, disability, religion, sex, national origin, [or] age,
185	185	sexual orientation, or gender identity the labor organization:
186	186	(1) excludes or expels from membership or
187	187	discriminates in any other manner against an individual; or
188	188	(2) limits, segregates, or classifies a member or an
189	189	applicant for membership or classifies or fails or refuses to refer
190	190	for employment an individual in a manner that would:
191	191	(A) deprive or tend to deprive an individual of
192	192	any employment opportunity;
193	193	(B) limit an employment opportunity or adversely
194	194	affect in any other manner the status of an employee or of an
195	195	applicant for employment; or
196	196	(C) cause or attempt to cause an employer to
197	197	violate this subchapter.
198	198	SECTION 7. Section 21.054, Labor Code, is amended to read as
199	199	follows:
200	200	Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING
201	201	PROGRAM. [(a)] Unless a training or retraining opportunity or
202	202	program is provided under an affirmative action plan approved under
203	203	a federal law, rule, or order, an employer, labor organization, or
204	204	joint labor-management committee controlling an apprenticeship,
205	205	on-the-job training, or other training or retraining program
206	206	commits an unlawful employment practice if the employer, labor
207	207	organization, or committee discriminates against an individual
208	208	because of race, color, disability, religion, sex, national origin,
209	209	[or] age, sexual orientation, or gender identity in admission to or
210	210	participation in the program.
211	211	SECTION 8. Section 21.059(a), Labor Code, is amended to
212	212	read as follows:
213	213	(a) An employer, labor organization, employment agency, 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, employment agency, or committee prints or publishes
218	218	or causes to be printed or published a notice or advertisement
219	219	relating to employment that:
220	220	(1) indicates a preference, limitation,
221	221	specification, or discrimination based on race, color, disability,
222	222	religion, sex, national origin, [or] age, sexual orientation, or
223	223	gender identity; and
224	224	(2) concerns an employee's status, employment, or
225	225	admission to or membership or participation in a labor union or
226	226	training or retraining program.
227	227	SECTION 9. Section 21.102(c), Labor Code, is amended to
228	228	read as follows:
229	229	(c) This section does not apply to standards of compensation
230	230	or terms, conditions, or privileges of employment that are
231	231	discriminatory on the basis of race, color, disability, religion,
232	232	sex, national origin, [or] age, sexual orientation, or gender
233	233	identity.
234	234	SECTION 10. Section 21.112, Labor Code, is amended to read
235	235	as follows:
236	236	Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
237	237	does not commit an unlawful employment practice by applying to
238	238	employees who work in different locations different standards of
239	239	compensation or different terms, conditions, or privileges of
240	240	employment that are not discriminatory on the basis of race, color,
241	241	disability, religion, sex, national origin, [or] age, sexual
242	242	orientation, or gender identity.
243	243	SECTION 11. Section 21.113, Labor Code, is amended to read
244	244	as follows:
245	245	Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter
246	246	does not require a person subject to this chapter to grant
247	247	preferential treatment to an individual or a group on the basis of
248	248	race, color, disability, religion, sex, national origin, [or] age,
249	249	sexual orientation, or gender identity because of an imbalance
250	250	between:
251	251	(1) the total number or percentage of persons of that
252	252	individual's or group's race, color, disability, religion, sex,
253	253	national origin, [or] age, sexual orientation, or gender identity:
254	254	(A) employed by an employer;
255	255	(B) referred or classified for employment by an
256	256	employment agency or labor organization;
257	257	(C) admitted to membership or classified by a
258	258	labor organization; or
259	259	(D) admitted to or employed in an apprenticeship,
260	260	on-the-job training, or other training or retraining program; and
261	261	(2) the total number or percentage of persons of that
262	262	race, color, disability, religion, sex, national origin, [or] age,
263	263	sexual orientation, or gender identity in:
264	264	(A) a community, this state, a region, or other
265	265	area; or
266	266	(B) the available work force in a community, this
267	267	state, a region, or other area.
268	268	SECTION 12. Section 21.120(b), Labor Code, is amended to
269	269	read as follows:
270	270	(b) Subsection (a) does not apply to a policy adopted or
271	271	applied with the intent to discriminate because of race, color,
272	272	sex, national origin, religion, age, [or] disability, sexual
273	273	orientation, or gender identity.
274	274	SECTION 13. Section 21.122(a), Labor Code, is amended to
275	275	read as follows:
276	276	(a) An unlawful employment practice based on disparate
277	277	impact is established under this chapter only if:
278	278	(1) a complainant demonstrates that a respondent uses
279	279	a particular employment practice that causes a disparate impact on
280	280	the basis of race, color, sex, national origin, religion, [or]
281	281	disability, sexual orientation, or gender identity and the
282	282	respondent fails to demonstrate that the challenged practice is
283	283	job-related for the position in question and consistent with
284	284	business necessity; or
285	285	(2) the complainant makes the demonstration in
286	286	accordance with federal law as that law existed June 4, 1989, with
287	287	respect to the concept of alternative employment practices, and the
288	288	respondent refuses to adopt such an alternative employment
289	289	practice.
290	290	SECTION 14. Section 21.124, Labor Code, is amended to read
291	291	as follows:
292	292	Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
293	293	SCORES. It is an unlawful employment practice for a respondent, in
294	294	connection with the selection or referral of applicants for
295	295	employment or promotion, to adjust the scores of, use different
296	296	cutoff scores for, or otherwise alter the results of
297	297	employment-related tests on the basis of race, color, sex, national
298	298	origin, religion, age, [or] disability, sexual orientation, or
299	299	gender identity.
300	300	SECTION 15. The heading to Section 21.125, Labor Code, is
301	301	amended to read as follows:
302	302	Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
303	303	CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
304	304	[OR] DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY IN
305	305	EMPLOYMENT PRACTICES.
306	306	SECTION 16. Section 21.125(a), Labor Code, is amended to
307	307	read as follows:
308	308	(a) Except as otherwise provided by this chapter, an
309	309	unlawful employment practice is established when the complainant
310	310	demonstrates that race, color, sex, national origin, religion, age,
311	311	[or] disability, sexual orientation, or gender identity was a
312	312	motivating factor for an employment practice, even if other factors
313	313	also motivated the practice, unless race, color, sex, national
314	314	origin, religion, age, [or] disability, sexual orientation, or
315	315	gender identity is combined with objective job-related factors to
316	316	attain diversity in the employer's work force.
317	317	SECTION 17. Section 21.126, Labor Code, is amended to read
318	318	as follows:
319	319	Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
320	320	STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
321	321	employment practice for a person elected to public office in this
322	322	state or a political subdivision of this state to discriminate
323	323	because of race, color, sex, national origin, religion, age, [or]
324	324	disability, sexual orientation, or gender identity against an
325	325	individual who is an employee or applicant for employment to:
326	326	(1) serve on the elected official's personal staff;
327	327	(2) serve the elected official on a policy-making
328	328	level; or
329	329	(3) serve the elected official as an immediate advisor
330	330	with respect to the exercise of the constitutional or legal powers
331	331	of the office.
332	332	SECTION 18. Section 21.152(a), Labor Code, is amended to
333	333	read as follows:
334	334	(a) A political subdivision or two or more political
335	335	subdivisions acting jointly may create a local commission to:
336	336	(1) promote the purposes of this chapter; and
337	337	(2) secure for all individuals in the jurisdiction of
338	338	each political subdivision freedom from discrimination because of
339	339	race, color, disability, religion, sex, national origin, [or] age,
340	340	sexual orientation, or gender identity.
341	341	SECTION 19. Section 21.155(a), Labor Code, is amended to
342	342	read as follows:
343	343	(a) The commission [Commission on Human Rights] shall refer
344	344	a complaint concerning discrimination in employment because of
345	345	race, color, disability, religion, sex, national origin, [or] age,
346	346	sexual orientation, or gender identity that is filed with that
347	347	commission to a local commission with the necessary investigatory
348	348	and conciliatory powers if:
349	349	(1) the complaint has been referred to the commission
350	350	[Commission on Human Rights] by the federal government; or
351	351	(2) jurisdiction over the subject matter of the
352	352	complaint has been deferred to the commission [Commission on Human
353	353	Rights] by the federal government.
354	354	SECTION 20. Section 301.003, Property Code, is amended by
355	355	amending Subdivision (6) and adding Subdivisions (9-a) and (10-a)
356	356	to read as follows:
357	357	(6) "Disability" means a mental or physical impairment
358	358	that substantially limits at least one major life activity, a
359	359	record of the impairment, or being regarded as having the
360	360	impairment. The term does not include current illegal use of or
361	361	addiction to any drug or illegal or federally controlled substance
362	362	[and does not apply to an individual because of an individual's
363	363	sexual orientation or because that individual is a transvestite].
364	364	(9-a) "Gender identity" means the gender-related
365	365	identity, appearance, or other gender-related characteristics of
366	366	an individual with or without regard to the individual's designated
367	367	sex at birth.
368	368	(10-a) "Sexual orientation" means an individual's
369	369	actual or perceived heterosexuality, bisexuality, or
370	370	homosexuality.
371	371	SECTION 21. Sections 301.021(a) and (b), Property Code, are
372	372	amended to read as follows:
373	373	(a) A person may not refuse to sell or rent, after the making
374	374	of a bona fide offer, refuse to negotiate for the sale or rental of,
375	375	or in any other manner make unavailable or deny a dwelling to
376	376	another because of race, color, religion, sex, familial status,
377	377	[or] national origin, sexual orientation, or gender identity.
378	378	(b) A person may not discriminate against another in the
379	379	terms, conditions, or privileges of sale or rental of a dwelling or
380	380	in providing services or facilities in connection with a sale or
381	381	rental of a dwelling because of race, color, religion, sex,
382	382	familial status, [or] national origin, sexual orientation, or
383	383	gender identity.
384	384	SECTION 22. Section 301.022, Property Code, is amended to
385	385	read as follows:
386	386	Sec. 301.022. PUBLICATION. A person may not make, print, or
387	387	publish or effect the making, printing, or publishing of a notice,
388	388	statement, or advertisement that is about the sale or rental of a
389	389	dwelling and that indicates any preference, limitation, or
390	390	discrimination or the intention to make a preference, limitation,
391	391	or discrimination because of race, color, religion, sex,
392	392	disability, familial status, [or] national origin, sexual
393	393	orientation, or gender identity.
394	394	SECTION 23. Section 301.023, Property Code, is amended to
395	395	read as follows:
396	396	Sec. 301.023. INSPECTION. A person may not represent to
397	397	another because of race, color, religion, sex, disability, familial
398	398	status, [or] national origin, sexual orientation, or gender
399	399	identity that a dwelling is not available for inspection for sale or
400	400	rental when the dwelling is available for inspection.
401	401	SECTION 24. Section 301.024, Property Code, is amended to
402	402	read as follows:
403	403	Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
404	404	for profit, induce or attempt to induce another to sell or rent a
405	405	dwelling by representations regarding the entry or prospective
406	406	entry into a neighborhood of a person of a particular race, color,
407	407	religion, sex, disability, familial status, [or] national origin,
408	408	sexual orientation, or gender identity.
409	409	SECTION 25. Section 301.026(a), Property Code, is amended
410	410	to read as follows:
411	411	(a) A person whose business includes engaging in
412	412	residential real estate related transactions may not discriminate
413	413	against another in making a real estate related transaction
414	414	available or in the terms or conditions of a real estate related
415	415	transaction because of race, color, religion, sex, disability,
416	416	familial status, [or] national origin, sexual orientation, or
417	417	gender identity.
418	418	SECTION 26. Section 301.027, Property Code, is amended to
419	419	read as follows:
420	420	Sec. 301.027. BROKERAGE SERVICES. A person may not deny
421	421	another access to, or membership or participation in, a
422	422	multiple-listing service, real estate brokers' organization, or
423	423	other service, organization, or facility relating to the business
424	424	of selling or renting dwellings, or discriminate against a person
425	425	in the terms or conditions of access, membership, or participation
426	426	in such an organization, service, or facility because of race,
427	427	color, religion, sex, disability, familial status, [or] national
428	428	origin, sexual orientation, or gender identity.
429	429	SECTION 27. Sections 301.042(a) and (c), Property Code, are
430	430	amended to read as follows:
431	431	(a) This chapter does not prohibit a religious
432	432	organization, association, or society or a nonprofit institution or
433	433	organization operated, supervised, or controlled by or in
434	434	conjunction with a religious organization, association, or society
435	435	from:
436	436	(1) limiting the sale, rental, or occupancy of
437	437	dwellings that it owns or operates for other than a commercial
438	438	purpose to persons of the same religion; or
439	439	(2) giving preference to persons of the same religion,
440	440	unless membership in the religion is restricted because of race,
441	441	color, [or] national origin, sexual orientation, or gender
442	442	identity.
443	443	(c) This chapter does not prohibit a person engaged in the
444	444	business of furnishing appraisals of real property from considering
445	445	in those appraisals factors other than race, color, religion, sex,
446	446	disability, familial status, [or] national origin, sexual
447	447	orientation, or gender identity.
448	448	SECTION 28. Section 301.068, Property Code, is amended to
449	449	read as follows:
450	450	Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
451	451	Subsection (b), the [The] commission may defer proceedings under
452	452	this chapter and refer a complaint to a municipality that has been
453	453	certified by the federal Department of Housing and Urban
454	454	Development as a substantially equivalent fair housing agency.
455	455	(b) The commission may not defer proceedings and refer a
456	456	complaint under Subsection (a) to a municipality in which the
457	457	alleged discrimination occurred if:
458	458	(1) the complaint alleges discrimination based on
459	459	sexual orientation or gender identity; and
460	460	(2) the municipality does not have laws prohibiting
461	461	the alleged discrimination.
462	462	SECTION 29. Section 301.171(a), Property Code, is amended
463	463	to read as follows:
464	464	(a) A person commits an offense if the person, without
465	465	regard to whether the person is acting under color of law, by force
466	466	or threat of force intentionally intimidates or interferes with a
467	467	person:
468	468	(1) because of the person's race, color, religion,
469	469	sex, disability, familial status, [or] national origin, sexual
470	470	orientation, or gender identity and because the person is or has
471	471	been selling, purchasing, renting, financing, occupying, or
472	472	contracting or negotiating for the sale, purchase, rental,
473	473	financing, or occupation of any dwelling or applying for or
474	474	participating in a service, organization, or facility relating to
475	475	the business of selling or renting dwellings; or
476	476	(2) because the person is or has been or to intimidate
477	477	the person from:
478	478	(A) participating, without discrimination
479	479	because of race, color, religion, sex, disability, familial status,
480	480	[or] national origin, sexual orientation, or gender identity, in an
481	481	activity, service, organization, or facility described by
482	482	Subdivision (1); [or]
483	483	(B) affording another person opportunity or
484	484	protection to so participate; or
485	485	(C) lawfully aiding or encouraging other persons
486	486	to participate, without discrimination because of race, color,
487	487	religion, sex, disability, familial status, [or] national origin,
488	488	sexual orientation, or gender identity, in an activity, service,
489	489	organization, or facility described by Subdivision (1).
490	490	SECTION 30. (a) Section 2155.0065, Government Code, as
491	491	added by this Act, applies only to a contract for which a state
492	492	agency first advertises or otherwise solicits bids, proposals,
493	493	offers, qualifications, or other similar expressions of interest on
494	494	or after the effective date of this Act.
495	495	(b) The changes in law made by this Act to the Labor Code
496	496	apply to conduct occurring on or after the effective date of this
497	497	Act. Conduct occurring before that date is governed by the law in
498	498	effect on the date the conduct occurred, and the former law is
499	499	continued in effect for that purpose.
500	500	(c) The changes in law made by this Act to the Property Code
501	501	apply only to a complaint filed with the Texas Workforce Commission
502	502	on or after the effective date of this Act. A complaint filed
503	503	before that date is governed by the law as it existed immediately
504	504	before the effective date of this Act, and that law is continued in
505	505	effect for that purpose.
506	506	SECTION 31. This Act takes effect September 1, 2023.