Texas 2023 - 88th Regular

Texas House Bill HB3918 Compare Versions

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1	1	88R1596 AJA-F
2	2	By: Rosenthal H.B. No. 3918
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibition, prevention, and remedying of certain
8	8	discrimination.
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 the person 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 or expression" means having or
23	23	being perceived as having a gender-related identity, appearance,
24	24	expression, or behavior, regardless of whether that identity,
25	25	appearance, expression, or behavior is different from that commonly
26	26	associated with the individual's actual or perceived sex.
27	27	(4) "Public accommodation" means a business or other
28	28	entity that offers to the public food, shelter, recreation or
29	29	amusement, or any other goods, service, privilege, facility, or
30	30	accommodation.
31	31	(5) "Religious organization" means:
32	32	(A) a religious corporation, association, or
33	33	society; or
34	34	(B) a school, institution of higher education, or
35	35	other educational institution, not otherwise a religious
36	36	organization, that:
37	37	(i) is wholly or substantially controlled,
38	38	managed, owned, or supported by a religious organization; or
39	39	(ii) has a curriculum directed toward the
40	40	propagation of a particular religion.
41	41	(6) "Sexual orientation" means the actual or perceived
42	42	status of an individual with respect to the individual's sexuality.
43	43	Sec. 100B.002. APPLICABILITY OF CHAPTER. (a) Except as
44	44	provided by Subsection (b), this chapter does not apply to a
45	45	religious organization.
46	46	(b) This chapter applies to activities conducted by a
47	47	religious organization for profit to the extent that those
48	48	activities are subject to federal taxation under Section 511(a),
49	49	Internal Revenue Code of 1986, as that section existed on September
50	50	1, 2023.
51	51	SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS 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 or expression of an
56	56	individual:
57	57	(1) denies that individual full and equal
58	58	accommodation in any place of public accommodation in this state,
59	59	subject only to the conditions established by law and applicable to
60	60	all persons; or
61	61	(2) otherwise discriminates against or segregates or
62	62	separates the individual in a place of public accommodation in this
63	63	state based on sexual orientation or gender identity or expression.
64	64	(b) A person does not engage in a discriminatory practice or
65	65	violate this chapter under Subsection (a) if segregation or
66	66	separation of an individual is necessary to provide a service that:
67	67	(1) provides acceptance, support, and understanding
68	68	to the individual;
69	69	(2) assists the individual with coping with the
70	70	individual's sexual orientation or gender identity or expression,
71	71	maintaining social support, and exploring and identifying the
72	72	individual's identity; or
73	73	(3) provides support to an individual undergoing a
74	74	gender transition.
75	75	(c) The services described by Subsection (b)(2) include a
76	76	sexual orientation-neutral intervention for preventing or
77	77	addressing unlawful conduct or unsafe sexual practices if the
78	78	intervention does not seek to change the individual's sexual
79	79	orientation or gender identity or expression.
80	80	SUBCHAPTER C. CAUSE OF ACTION
81	81	Sec. 100B.101. CIVIL ACTION. An aggrieved person may file a
82	82	civil action in district court not later than the second
83	83	anniversary of the occurrence of the termination of an alleged
84	84	discriminatory practice under this chapter to obtain appropriate
85	85	relief with respect to the discriminatory practice.
86	86	Sec. 100B.102. RELIEF GRANTED. In an action under this
87	87	subchapter, if the court finds that a discriminatory practice has
88	88	occurred or is about to occur, the court may award to the plaintiff:
89	89	(1) actual and exemplary damages;
90	90	(2) reasonable attorney's fees;
91	91	(3) court costs; and
92	92	(4) any permanent or temporary injunction, temporary
93	93	restraining order, or other order, including an order enjoining the
94	94	defendant from engaging in the practice or ordering other
95	95	appropriate action.
96	96	SECTION 2. Articles 42.014(a) and (c), Code of Criminal
97	97	Procedure, are amended to read as follows:
98	98	(a) In the trial of an offense under Title 5, Penal Code, or
99	99	Section 28.02, 28.03, 28.08, or 42.0601, Penal Code, the judge
100	100	shall make an affirmative finding of fact and enter the affirmative
101	101	finding in the judgment of the case if at the guilt or innocence
102	102	phase of the trial, the judge or the jury, whichever is the trier of
103	103	fact, determines beyond a reasonable doubt that the defendant
104	104	intentionally selected the person against whom the offense was
105	105	committed, or intentionally selected the person's property that was
106	106	damaged or affected as a result of the offense, because of the
107	107	defendant's bias or prejudice against a group identified by race,
108	108	color, disability, religion, national origin or ancestry, age,
109	109	gender, [or] sexual orientation, or gender identity or expression
110	110	[preference] or by status as a peace officer or judge.
111	111	(c) In this article:
112	112	(1) "Gender identity or expression" means having or
113	113	being perceived as having a gender-related identity, appearance,
114	114	expression, or behavior, regardless of whether that identity,
115	115	appearance, expression, or behavior is different from that commonly
116	116	associated with the individual's actual or perceived sex.
117	117	(2) "Sexual orientation" means the actual or perceived
118	118	status of an individual with respect to the individual's
119	119	sexuality[, "sexual preference" has the following meaning only: a
120	120	preference for heterosexuality, homosexuality, or bisexuality].
121	121	SECTION 3. Subchapter D, Chapter 11, Education Code, is
122	122	amended by adding Section 11.172 to read as follows:
123	123	Sec. 11.172. DISCRIMINATION, HARASSMENT, AND RETALIATION
124	124	PROHIBITED. (a) In this section:
125	125	(1) "Gender identity or expression" means having or
126	126	being perceived as having a gender-related identity, appearance,
127	127	expression, or behavior, regardless of whether that identity,
128	128	appearance, expression, or behavior is different from that commonly
129	129	associated with the individual's actual or perceived sex.
130	130	(2) "Sexual orientation" means the actual or perceived
131	131	status of an individual with respect to the individual's sexuality.
132	132	(b) A school district or employee of a school district may
133	133	not:
134	134	(1) discriminate against or harass a district employee
135	135	or a student enrolled in the district on account of:
136	136	(A) the actual or perceived ethnicity, color,
137	137	gender, gender identity or expression, sexual orientation,
138	138	disability, religion, or national origin of the employee, student,
139	139	or student's parent; or
140	140	(B) one or more persons with whom the employee,
141	141	student, or student's parent associates; or
142	142	(2) retaliate against a district employee or a student
143	143	enrolled in the district for reporting potential discrimination or
144	144	harassment prohibited by Subdivision (1).
145	145	(c) This section applies to conduct that occurs:
146	146	(1) on school property;
147	147	(2) while attending a school-sponsored or
148	148	school-related activity on or off school property; or
149	149	(3) in connection with transportation of students in a
150	150	vehicle owned or operated by a school district or owned or operated
151	151	by another entity under contract with a school district.
152	152	(d) A school district shall provide periodic training to
153	153	district employees regarding prevention of discrimination and
154	154	harassment prohibited by this section and procedures for responding
155	155	to reported or observed incidents of prohibited discrimination or
156	156	harassment. The training may be provided in conjunction with any
157	157	training provided under Section 37.083.
158	158	(e) In accordance with rules adopted by the commissioner,
159	159	each school district shall report biennially to the agency
160	160	information regarding each incident of alleged discrimination or
161	161	harassment that occurred at each campus in the district during the
162	162	preceding two school years. The agency shall include the
163	163	information, disaggregated by campus, in the comprehensive
164	164	biennial report required by Section 39.332.
165	165	SECTION 4. Subchapter A, Chapter 1, Family Code, is amended
166	166	by adding Section 1.0015 to read as follows:
167	167	Sec. 1.0015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.
168	168	When necessary to implement the rights and duties of spouses or
169	169	parents in a marriage between persons of the same sex under the laws
170	170	of this state, gender-specific terminology must be construed in a
171	171	neutral manner to refer to a person of either gender.
172	172	SECTION 5. Section 2.001(a), Family Code, is amended to
173	173	read as follows:
174	174	(a) Two individuals [A man and a woman] desiring to enter
175	175	into a ceremonial marriage must obtain a marriage license from the
176	176	county clerk of any county of this state.
177	177	SECTION 6. Section 2.004(b), Family Code, is amended to
178	178	read as follows:
179	179	(b) The application form must contain:
180	180	(1) a heading entitled "Application for Marriage
181	181	License, ____________ County, Texas";
182	182	(2) spaces for each applicant's full name, including
183	183	the [woman's maiden] surname of an applicant intending to change
184	184	the applicant's surname as a result of the marriage, address,
185	185	social security number, if any, date of birth, and place of birth,
186	186	including city, county, and state;
187	187	(3) a space for indicating the document tendered by
188	188	each applicant as proof of identity and age;
189	189	(4) spaces for indicating whether each applicant has
190	190	been divorced within the last 30 days;
191	191	(5) printed boxes for each applicant to check "true"
192	192	or "false" in response to the following statement: "I am not
193	193	presently married and the other applicant is not presently
194	194	married.";
195	195	(6) printed boxes for each applicant to check "true"
196	196	or "false" in response to the following statement: "The other
197	197	applicant is not related to me as:
198	198	(A) an ancestor or descendant, by blood or
199	199	adoption;
200	200	(B) a brother or sister, of the whole or half
201	201	blood or by adoption;
202	202	(C) a parent's brother or sister, of the whole or
203	203	half blood or by adoption;
204	204	(D) a son or daughter of a brother or sister, of
205	205	the whole or half blood or by adoption;
206	206	(E) a current or former stepchild or stepparent;
207	207	or
208	208	(F) a son or daughter of a parent's brother or
209	209	sister, of the whole or half blood or by adoption.";
210	210	(7) printed boxes for each applicant to check "true"
211	211	or "false" in response to the following statement: "I am not
212	212	presently delinquent in the payment of court-ordered child
213	213	support.";
214	214	(8) a printed oath reading: "I SOLEMNLY SWEAR (OR
215	215	AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
216	216	CORRECT.";
217	217	(9) spaces immediately below the printed oath for the
218	218	applicants' signatures;
219	219	(10) a certificate of the county clerk that:
220	220	(A) each applicant made the oath and the date and
221	221	place that it was made; or
222	222	(B) an applicant did not appear personally but
223	223	the prerequisites for the license have been fulfilled as provided
224	224	by this chapter;
225	225	(11) spaces for indicating the date of the marriage
226	226	and the county in which the marriage is performed;
227	227	(12) a space for the address to which the applicants
228	228	desire the completed license to be mailed; and
229	229	(13) a printed box for each applicant to check
230	230	indicating that the applicant wishes to make a voluntary
231	231	contribution of $5 to promote healthy early childhood by supporting
232	232	the Texas Home Visiting Program administered by the Department of
233	233	Family and Protective Services [Office of Early Childhood
234	234	Coordination of the Health and Human Services Commission].
235	235	SECTION 7. Section 2.401(a), Family Code, is amended to
236	236	read as follows:
237	237	(a) In a judicial, administrative, or other proceeding, the
238	238	marriage of two individuals [a man and woman] may be proved by
239	239	evidence that:
240	240	(1) a declaration of their marriage has been signed as
241	241	provided by this subchapter; or
242	242	(2) the individuals [man and woman] agreed to be
243	243	married and after the agreement they lived together in this state as
244	244	spouses [husband and wife] and there represented to others that
245	245	they were married.
246	246	SECTION 8. Section 2.402(b), Family Code, is amended to
247	247	read as follows:
248	248	(b) The declaration form must contain:
249	249	(1) a heading entitled "Declaration and Registration
250	250	of Informal Marriage, ___________ County, Texas";
251	251	(2) spaces for each party's full name, including the
252	252	[woman's maiden] surname of a party intending to change the party's
253	253	surname as a result of the marriage, address, date of birth, place
254	254	of birth, including city, county, and state, and social security
255	255	number, if any;
256	256	(3) a space for indicating the type of document
257	257	tendered by each party as proof of age and identity;
258	258	(4) printed boxes for each party to check "true" or
259	259	"false" in response to the following statement: "The other party
260	260	is not related to me as:
261	261	(A) an ancestor or descendant, by blood or
262	262	adoption;
263	263	(B) a brother or sister, of the whole or half
264	264	blood or by adoption;
265	265	(C) a parent's brother or sister, of the whole or
266	266	half blood or by adoption;
267	267	(D) a son or daughter of a brother or sister, of
268	268	the whole or half blood or by adoption;
269	269	(E) a current or former stepchild or stepparent;
270	270	or
271	271	(F) a son or daughter of a parent's brother or
272	272	sister, of the whole or half blood or by adoption.";
273	273	(5) a printed declaration and oath reading: "I
274	274	SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO
275	275	EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE
276	276	AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS
277	277	SPOUSES [HUSBAND AND WIFE] AND IN THIS STATE WE REPRESENTED TO
278	278	OTHERS THAT WE WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE
279	279	OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON. THIS
280	280	DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS
281	281	CORRECT.";
282	282	(6) spaces immediately below the printed declaration
283	283	and oath for the parties' signatures; and
284	284	(7) a certificate of the county clerk that the parties
285	285	made the declaration and oath and the place and date it was made.
286	286	SECTION 9. Section 3.401, Family Code, is amended by adding
287	287	Subdivision (1) and amending Subdivisions (4) and (5) to read as
288	288	follows:
289	289	(1) "Civil union" means any relationship status other
290	290	than marriage that:
291	291	(A) is intended as an alternative to marriage or
292	292	applies primarily to cohabitating persons; and
293	293	(B) grants to the parties of the relationship
294	294	legal protections, benefits, or responsibilities granted to the
295	295	spouses of a marriage.
296	296	(4) "Marital estate" means one of three estates:
297	297	(A) the community property owned by the spouses
298	298	together and referred to as the community marital estate; or
299	299	(B) the separate property owned individually by
300	300	each spouse [the husband] and referred to as a separate marital
301	301	estate[; or
302	302	[(C) the separate property owned individually by
303	303	the wife, also referred to as a separate marital estate].
304	304	(5) "Spouse" means one of the two individuals who are
305	305	the parties to:
306	306	(A) a marriage; or
307	307	(B) [a husband, who is a man, or a wife, who is a
308	308	woman. A member of] a civil union [or similar relationship] entered
309	309	into in another state [between persons of the same sex is not a
310	310	spouse].
311	311	SECTION 10. Section 6.104(b), Family Code, is amended to
312	312	read as follows:
313	313	(b) In exercising its discretion, the court shall consider
314	314	the pertinent facts concerning the welfare of the parties to the
315	315	marriage, including whether a spouse [the female] is pregnant.
316	316	SECTION 11. Section 6.202(b), Family Code, is amended to
317	317	read as follows:
318	318	(b) The later marriage that is void under this section
319	319	becomes valid when the prior marriage is dissolved if, after the
320	320	date of the dissolution, the parties have lived together as spouses
321	321	[husband and wife] and represented themselves to others as being
322	322	married.
323	323	SECTION 12. Section 6.203, Family Code, is amended to read
324	324	as follows:
325	325	Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a
326	326	marriage that would have been void under Section 6.201, a marriage
327	327	that was entered into before January 1, 1970, in violation of the
328	328	prohibitions of Article 496, Penal Code of Texas, 1925, is
329	329	validated from the date the marriage commenced if the parties
330	330	continued until January 1, 1970, to live together as spouses
331	331	[husband and wife] and to represent themselves to others as being
332	332	married.
333	333	SECTION 13. Section 6.704, Family Code, is amended to read
334	334	as follows:
335	335	Sec. 6.704. TESTIMONY OF SPOUSE [HUSBAND OR WIFE]. (a) In
336	336	a suit for dissolution of a marriage, each spouse is a [the husband
337	337	and wife are] competent witness [witnesses] for and against the
338	338	[each] other spouse. A spouse may not be compelled to testify as to
339	339	a matter that will incriminate the spouse.
340	340	(b) If a spouse [the husband or wife] testifies, the court
341	341	or jury trying the case shall determine the credibility of the
342	342	witness and the weight to be given the witness's testimony.
343	343	SECTION 14. Subchapter B, Chapter 45, Family Code, is
344	344	amended by adding Section 45.108 to read as follows:
345	345	Sec. 45.108. CHANGE OF NAME AND VITAL STATISTICS
346	346	INFORMATION. (a) Subject to the eligibility requirements for a
347	347	name change under Section 45.103, a court shall order a change of
348	348	name under this subchapter for a petitioner whose petition is
349	349	accompanied by a sworn affidavit of a licensed physician stating
350	350	the petitioner identifies as a gender other than the gender
351	351	indicated on the petitioner's driver's license, birth certificate,
352	352	or other official document.
353	353	(b) A court that orders a change of name for a petitioner
354	354	under this section shall simultaneously order:
355	355	(1) the Department of Public Safety, as soon as
356	356	practicable, to change the petitioner's name and gender on the
357	357	petitioner's driver's license and other identification documents
358	358	under the department's control; and
359	359	(2) the vital statistics unit of the Department of
360	360	State Health Services, on receipt of a licensed physician's sworn
361	361	affidavit that the petitioner identifies as a gender other than the
362	362	gender indicated on the petitioner's birth certificate, to amend
363	363	the petitioner's birth certificate in the manner provided by
364	364	Section 192.011, Health and Safety Code, to reflect the
365	365	petitioner's true gender.
366	366	(c) This section may not be construed to require a surgical
367	367	procedure as a prerequisite for a court order under Subsection (a)
368	368	or (b).
369	369	SECTION 15. Chapter 51, Family Code, is amended by adding
370	370	Section 51.015 to read as follows:
371	371	Sec. 51.015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.
372	372	When necessary to implement the rights and duties of spouses or
373	373	parents in a marriage between persons of the same sex under the laws
374	374	of this state, gender-specific terminology must be construed in a
375	375	neutral manner to refer to a person of either gender.
376	376	SECTION 16. Chapter 101, Family Code, is amended by adding
377	377	Section 101.0012 to read as follows:
378	378	Sec. 101.0012. CONSTRUCTION OF GENDER-SPECIFIC
379	379	TERMINOLOGY. When necessary to implement the rights and duties of
380	380	spouses or parents in a marriage between persons of the same sex
381	381	under the laws of this state, gender-specific terminology must be
382	382	construed in a neutral manner to refer to a person of either gender.
383	383	SECTION 17. Section 101.024(a), Family Code, is amended to
384	384	read as follows:
385	385	(a) "Parent" means the mother, a man presumed to be the
386	386	father, an individual [a man] legally determined to be a parent [the
387	387	father], an individual [a man] who has been adjudicated to be a
388	388	parent [the father] by a court of competent jurisdiction, a man who
389	389	has acknowledged his parentage [paternity] under applicable law, or
390	390	an adoptive mother or father. Except as provided by Subsection (b),
391	391	the term does not include a parent as to whom the parent-child
392	392	relationship has been terminated.
393	393	SECTION 18. Section 108.009(b), Family Code, is amended to
394	394	read as follows:
395	395	(b) The new certificate may not show that a parent-child
396	396	[the father and child] relationship was established after the
397	397	child's birth but may show the child's actual place and date of
398	398	birth.
399	399	SECTION 19. Section 152.310(d), Family Code, is amended to
400	400	read as follows:
401	401	(d) A privilege against disclosure of communications
402	402	between spouses and a defense of immunity based on the relationship
403	403	of spouses [husband and wife] or parent and child may not be invoked
404	404	in a proceeding under this subchapter.
405	405	SECTION 20. Section 153.312(b), Family Code, is amended to
406	406	read as follows:
407	407	(b) The following provisions govern possession of the child
408	408	for vacations and certain specific holidays and supersede
409	409	conflicting weekend or Thursday periods of possession. The
410	410	possessory conservator and the managing conservator shall have
411	411	rights of possession of the child as follows:
412	412	(1) the possessory conservator shall have possession
413	413	in even-numbered years, beginning at 6 p.m. on the day the child is
414	414	dismissed from school for the school's spring vacation and ending
415	415	at 6 p.m. on the day before school resumes after that vacation, and
416	416	the managing conservator shall have possession for the same period
417	417	in odd-numbered years;
418	418	(2) if a possessory conservator:
419	419	(A) gives the managing conservator written
420	420	notice by April 1 of each year specifying an extended period or
421	421	periods of summer possession, the possessory conservator shall have
422	422	possession of the child for 30 days beginning not earlier than the
423	423	day after the child's school is dismissed for the summer vacation
424	424	and ending not later than seven days before school resumes at the
425	425	end of the summer vacation, to be exercised in not more than two
426	426	separate periods of at least seven consecutive days each, with each
427	427	period of possession beginning and ending at 6 p.m. on each
428	428	applicable day; or
429	429	(B) does not give the managing conservator
430	430	written notice by April 1 of each year specifying an extended period
431	431	or periods of summer possession, the possessory conservator shall
432	432	have possession of the child for 30 consecutive days beginning at 6
433	433	p.m. on July 1 and ending at 6 p.m. on July 31;
434	434	(3) if the managing conservator gives the possessory
435	435	conservator written notice by April 15 of each year, the managing
436	436	conservator shall have possession of the child on any one weekend
437	437	beginning Friday at 6 p.m. and ending at 6 p.m. on the following
438	438	Sunday during one period of possession by the possessory
439	439	conservator under Subdivision (2), provided that the managing
440	440	conservator picks up the child from the possessory conservator and
441	441	returns the child to that same place; and
442	442	(4) if the managing conservator gives the possessory
443	443	conservator written notice by April 15 of each year or gives the
444	444	possessory conservator 14 days' written notice on or after April 16
445	445	of each year, the managing conservator may designate one weekend
446	446	beginning not earlier than the day after the child's school is
447	447	dismissed for the summer vacation and ending not later than seven
448	448	days before school resumes at the end of the summer vacation, during
449	449	which an otherwise scheduled weekend period of possession by the
450	450	possessory conservator will not take place, provided that the
451	451	weekend designated does not interfere with the possessory
452	452	conservator's period or periods of extended summer possession or
453	453	with Father's Day if the possessory conservator is a [the] father of
454	454	the child who is entitled to possession of the child for Father's
455	455	Day weekend that year.
456	456	SECTION 21. Sections 153.313 and 153.314, Family Code, are
457	457	amended to read as follows:
458	458	Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
459	459	the possessory conservator resides more than 100 miles from the
460	460	residence of the child, the possessory conservator shall have the
461	461	right to possession of the child as follows:
462	462	(1) either regular weekend possession beginning on the
463	463	first, third, and fifth Friday as provided under the terms
464	464	applicable to parents who reside 100 miles or less apart or not more
465	465	than one weekend per month of the possessory conservator's choice
466	466	beginning at 6 p.m. on the day school recesses for the weekend and
467	467	ending at 6 p.m. on the day before school resumes after the weekend,
468	468	provided that the possessory conservator gives the managing
469	469	conservator 14 days' written or telephonic notice preceding a
470	470	designated weekend, and provided that the possessory conservator
471	471	elects an option for this alternative period of possession by
472	472	written notice given to the managing conservator within 90 days
473	473	after the parties begin to reside more than 100 miles apart, as
474	474	applicable;
475	475	(2) each year beginning at 6 p.m. on the day the child
476	476	is dismissed from school for the school's spring vacation and
477	477	ending at 6 p.m. on the day before school resumes after that
478	478	vacation;
479	479	(3) if the possessory conservator:
480	480	(A) gives the managing conservator written
481	481	notice by April 1 of each year specifying an extended period or
482	482	periods of summer possession, the possessory conservator shall have
483	483	possession of the child for 42 days beginning not earlier than the
484	484	day after the child's school is dismissed for the summer vacation
485	485	and ending not later than seven days before school resumes at the
486	486	end of the summer vacation, to be exercised in not more than two
487	487	separate periods of at least seven consecutive days each, with each
488	488	period of possession beginning and ending at 6 p.m. on each
489	489	applicable day; or
490	490	(B) does not give the managing conservator
491	491	written notice by April 1 of each year specifying an extended period
492	492	or periods of summer possession, the possessory conservator shall
493	493	have possession of the child for 42 consecutive days beginning at 6
494	494	p.m. on June 15 and ending at 6 p.m. on July 27;
495	495	(4) if the managing conservator gives the possessory
496	496	conservator written notice by April 15 of each year the managing
497	497	conservator shall have possession of the child on one weekend
498	498	beginning Friday at 6 p.m. and ending at 6 p.m. on the following
499	499	Sunday during one period of possession by the possessory
500	500	conservator under Subdivision (3), provided that if a period of
501	501	possession by the possessory conservator exceeds 30 days, the
502	502	managing conservator may have possession of the child under the
503	503	terms of this subdivision on two nonconsecutive weekends during
504	504	that time period, and further provided that the managing
505	505	conservator picks up the child from the possessory conservator and
506	506	returns the child to that same place; and
507	507	(5) if the managing conservator gives the possessory
508	508	conservator written notice by April 15 of each year, the managing
509	509	conservator may designate 21 days beginning not earlier than the
510	510	day after the child's school is dismissed for the summer vacation
511	511	and ending not later than seven days before school resumes at the
512	512	end of the summer vacation, to be exercised in not more than two
513	513	separate periods of at least seven consecutive days each, with each
514	514	period of possession beginning and ending at 6 p.m. on each
515	515	applicable day, during which the possessory conservator may not
516	516	have possession of the child, provided that the period or periods so
517	517	designated do not interfere with the possessory conservator's
518	518	period or periods of extended summer possession or with Father's
519	519	Day if the possessory conservator is a [the] father of the child who
520	520	is entitled to possession of the child for Father's Day weekend that
521	521	year.
522	522	Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
523	523	PARENTS RESIDE APART. The following provisions govern possession
524	524	of the child for certain specific holidays and supersede
525	525	conflicting weekend or Thursday periods of possession without
526	526	regard to the distance the parents reside apart. The possessory
527	527	conservator and the managing conservator shall have rights of
528	528	possession of the child as follows:
529	529	(1) the possessory conservator shall have possession
530	530	of the child in even-numbered years beginning at 6 p.m. on the day
531	531	the child is dismissed from school for the Christmas school
532	532	vacation and ending at noon on December 28, and the managing
533	533	conservator shall have possession for the same period in
534	534	odd-numbered years;
535	535	(2) the possessory conservator shall have possession
536	536	of the child in odd-numbered years beginning at noon on December 28
537	537	and ending at 6 p.m. on the day before school resumes after that
538	538	vacation, and the managing conservator shall have possession for
539	539	the same period in even-numbered years;
540	540	(3) the possessory conservator shall have possession
541	541	of the child in odd-numbered years, beginning at 6 p.m. on the day
542	542	the child is dismissed from school before Thanksgiving and ending
543	543	at 6 p.m. on the following Sunday, and the managing conservator
544	544	shall have possession for the same period in even-numbered years;
545	545	(4) the parent not otherwise entitled under this
546	546	standard possession order to present possession of a child on the
547	547	child's birthday shall have possession of the child beginning at 6
548	548	p.m. and ending at 8 p.m. on that day, provided that the parent
549	549	picks up the child from the residence of the conservator entitled to
550	550	possession and returns the child to that same place;
551	551	(5) if a conservator, the father shall have possession
552	552	of the child beginning at 6 p.m. on the Friday preceding Father's
553	553	Day and ending on Father's Day at 6 p.m., provided that, if he is not
554	554	otherwise entitled under this standard possession order to present
555	555	possession of the child, he picks up the child from the residence of
556	556	the conservator entitled to possession and returns the child to
557	557	that same place, except that if the child has two fathers appointed
558	558	as conservators, the managing conservator shall have possession of
559	559	the child for the period described by this subdivision in
560	560	even-numbered years and the possessory conservator shall have
561	561	possession of the child for that period in odd-numbered years; and
562	562	(6) if a conservator, the mother shall have possession
563	563	of the child beginning at 6 p.m. on the Friday preceding Mother's
564	564	Day and ending on Mother's Day at 6 p.m., provided that, if she is
565	565	not otherwise entitled under this standard possession order to
566	566	present possession of the child, she picks up the child from the
567	567	residence of the conservator entitled to possession and returns the
568	568	child to that same place, except that if the child has two mothers
569	569	appointed as conservators, the managing conservator shall have
570	570	possession of the child for the period described by this
571	571	subdivision in even-numbered years and the possessory conservator
572	572	shall have possession of the child for that period in odd-numbered
573	573	years.
574	574	SECTION 22. Section 85.007(b), Health and Safety Code, is
575	575	amended to read as follows:
576	576	(b) The materials in the education programs intended for
577	577	persons younger than 18 years of age must[:
578	578	[(1)] emphasize sexual abstinence before marriage and
579	579	fidelity in marriage as the expected standard in terms of public
580	580	health and the most effective ways to prevent HIV infection,
581	581	sexually transmitted diseases, and unwanted pregnancies[; and
582	582	[(2) state that homosexual conduct is not an
583	583	acceptable lifestyle and is a criminal offense under Section 21.06,
584	584	Penal Code].
585	585	SECTION 23. Section 163.002, Health and Safety Code, is
586	586	amended to read as follows:
587	587	Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and
588	588	instruction relating to sexual education or sexually transmitted
589	589	diseases should include:
590	590	(1) an emphasis on sexual abstinence as the only
591	591	completely reliable method of avoiding unwanted teenage pregnancy
592	592	and sexually transmitted diseases;
593	593	(2) an emphasis on the importance of self-control,
594	594	responsibility, and ethical conduct in making decisions relating to
595	595	sexual behavior;
596	596	(3) statistics, based on the latest medical
597	597	information, that indicate the efficacy of the various forms of
598	598	contraception;
599	599	(4) information concerning the laws relating to the
600	600	financial responsibilities associated with pregnancy, childbirth,
601	601	and child rearing;
602	602	(5) information concerning the laws prohibiting
603	603	sexual abuse and the legal and counseling options available to
604	604	victims of sexual abuse;
605	605	(6) information on how to cope with and rebuff
606	606	unwanted physical and verbal sexual advances, as well as the
607	607	importance of avoiding the sexual exploitation of other persons;
608	608	(7) psychologically sound methods of resisting
609	609	unwanted peer pressure; and
610	610	(8) emphasis, provided in a factual manner and from a
611	611	public health perspective, that homosexuality is not a lifestyle
612	612	acceptable to the general public [and that homosexual conduct is a
613	613	criminal offense under Section 21.06, Penal Code].
614	614	SECTION 24. Section 21.11(b), Penal Code, is amended to
615	615	read as follows:
616	616	(b) It is an affirmative defense to prosecution under this
617	617	section that the actor:
618	618	(1) was not more than three years older than the victim
619	619	[and of the opposite sex];
620	620	(2) did not use duress, force, or a threat against the
621	621	victim at the time of the offense; and
622	622	(3) at the time of the offense:
623	623	(A) was not required under Chapter 62, Code of
624	624	Criminal Procedure, to register for life as a sex offender; or
625	625	(B) was not a person who under Chapter 62, Code of
626	626	Criminal Procedure, had a reportable conviction or adjudication for
627	627	an offense under this section.
628	628	SECTION 25. Section 301.003, Property Code, is amended by
629	629	amending Subdivision (6) and adding Subdivisions (9-a) and (10-a)
630	630	to read as follows:
631	631	(6) "Disability" means a mental or physical impairment
632	632	that substantially limits at least one major life activity, a
633	633	record of the impairment, or being regarded as having the
634	634	impairment. The term does not include current illegal use or
635	635	addiction to any drug or illegal or federally controlled substance
636	636	[and does not apply to an individual because of an individual's
637	637	sexual orientation or because that individual is a transvestite].
638	638	(9-a) "Gender identity or expression" means having or
639	639	being perceived as having a gender-related identity, appearance,
640	640	expression, or behavior, regardless of whether that identity,
641	641	appearance, expression, or behavior is different from that commonly
642	642	associated with the individual's actual or perceived sex.
643	643	(10-a) "Sexual orientation" means the actual or
644	644	perceived status of an individual with respect to the individual's
645	645	sexuality.
646	646	SECTION 26. Sections 301.021(a) and (b), Property Code, are
647	647	amended to read as follows:
648	648	(a) A person may not refuse to sell or rent, after the making
649	649	of a bona fide offer, refuse to negotiate for the sale or rental of,
650	650	or in any other manner make unavailable or deny a dwelling to
651	651	another because of race, color, religion, sex, familial status,
652	652	[or] national origin, sexual orientation, or gender identity or
653	653	expression.
654	654	(b) A person may not discriminate against another in the
655	655	terms, conditions, or privileges of sale or rental of a dwelling or
656	656	in providing services or facilities in connection with a sale or
657	657	rental of a dwelling because of race, color, religion, sex,
658	658	familial status, [or] national origin, sexual orientation, or
659	659	gender identity or expression.
660	660	SECTION 27. Section 301.022, Property Code, is amended to
661	661	read as follows:
662	662	Sec. 301.022. PUBLICATION. A person may not make, print, or
663	663	publish or effect the making, printing, or publishing of a notice,
664	664	statement, or advertisement that is about the sale or rental of a
665	665	dwelling and that indicates any preference, limitation, or
666	666	discrimination or the intention to make a preference, limitation,
667	667	or discrimination because of race, color, religion, sex,
668	668	disability, familial status, [or] national origin, sexual
669	669	orientation, or gender identity or expression.
670	670	SECTION 28. Section 301.023, Property Code, is amended to
671	671	read as follows:
672	672	Sec. 301.023. INSPECTION. A person may not represent to
673	673	another because of race, color, religion, sex, disability, familial
674	674	status, [or] national origin, sexual orientation, or gender
675	675	identity or expression that a dwelling is not available for
676	676	inspection for sale or rental when the dwelling is available for
677	677	inspection.
678	678	SECTION 29. Section 301.024, Property Code, is amended to
679	679	read as follows:
680	680	Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
681	681	for profit, induce or attempt to induce another to sell or rent a
682	682	dwelling by representations regarding the entry or prospective
683	683	entry into a neighborhood of a person of a particular race, color,
684	684	religion, sex, disability, familial status, [or] national origin,
685	685	sexual orientation, or gender identity or expression.
686	686	SECTION 30. Section 301.026(a), Property Code, is amended
687	687	to read as follows:
688	688	(a) A person whose business includes engaging in
689	689	residential real estate related transactions may not discriminate
690	690	against another in making a real estate related transaction
691	691	available or in the terms or conditions of a real estate related
692	692	transaction because of race, color, religion, sex, disability,
693	693	familial status, [or] national origin, sexual orientation, or
694	694	gender identity or expression.
695	695	SECTION 31. Section 301.027, Property Code, is amended to
696	696	read as follows:
697	697	Sec. 301.027. BROKERAGE SERVICES. A person may not deny
698	698	another access to, or membership or participation in, a
699	699	multiple-listing service, real estate brokers' organization, or
700	700	other service, organization, or facility relating to the business
701	701	of selling or renting dwellings, or discriminate against a person
702	702	in the terms or conditions of access, membership, or participation
703	703	in such an organization, service, or facility because of race,
704	704	color, religion, sex, disability, familial status, [or] national
705	705	origin, sexual orientation, or gender identity or expression.
706	706	SECTION 32. Sections 301.042(a) and (c), Property Code, are
707	707	amended to read as follows:
708	708	(a) This chapter does not prohibit a religious
709	709	organization, association, or society or a nonprofit institution or
710	710	organization operated, supervised, or controlled by or in
711	711	conjunction with a religious organization, association, or society
712	712	from:
713	713	(1) limiting the sale, rental, or occupancy of
714	714	dwellings that it owns or operates for other than a commercial
715	715	purpose to persons of the same religion; or
716	716	(2) giving preference to persons of the same religion,
717	717	unless membership in the religion is restricted because of race,
718	718	color, sex, disability, familial status, [or] national origin,
719	719	sexual orientation, or gender identity or expression.
720	720	(c) This chapter does not prohibit a person engaged in the
721	721	business of furnishing appraisals of real property from considering
722	722	in those appraisals factors other than race, color, religion, sex,
723	723	disability, familial status, [or] national origin, sexual
724	724	orientation, or gender identity or expression.
725	725	SECTION 33. Section 301.068, Property Code, is amended to
726	726	read as follows:
727	727	Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
728	728	Subsection (b), the [The] commission may defer proceedings under
729	729	this chapter and refer a complaint to a municipality that has been
730	730	certified by the federal Department of Housing and Urban
731	731	Development as a substantially equivalent fair housing agency.
732	732	(b) The commission may not defer proceedings and refer a
733	733	complaint under Subsection (a) to a municipality in which the
734	734	alleged discrimination occurred if:
735	735	(1) the complaint alleges discrimination based on
736	736	sexual orientation or gender identity or expression; and
737	737	(2) the municipality does not have laws prohibiting
738	738	the alleged discrimination.
739	739	SECTION 34. Section 301.171(a), Property Code, is amended
740	740	to read as follows:
741	741	(a) A person commits an offense if the person, without
742	742	regard to whether the person is acting under color of law, by force
743	743	or threat of force intentionally intimidates or interferes with a
744	744	person:
745	745	(1) because of the person's race, color, religion,
746	746	sex, disability, familial status, [or] national origin, sexual
747	747	orientation, or gender identity or expression and because the
748	748	person is or has been selling, purchasing, renting, financing,
749	749	occupying, or contracting or negotiating for the sale, purchase,
750	750	rental, financing, or occupation of any dwelling or applying for or
751	751	participating in a service, organization, or facility relating to
752	752	the business of selling or renting dwellings; or
753	753	(2) because the person is or has been or to intimidate
754	754	the person from:
755	755	(A) participating, without discrimination
756	756	because of race, color, religion, sex, disability, familial status,
757	757	[or] national origin, sexual orientation, or gender identity or
758	758	expression, in an activity, service, organization, or facility
759	759	described by Subdivision (1); [or]
760	760	(B) affording another person opportunity or
761	761	protection to so participate; or
762	762	(C) lawfully aiding or encouraging other persons
763	763	to participate, without discrimination because of race, color,
764	764	religion, sex, disability, familial status, [or] national origin,
765	765	sexual orientation, or gender identity or expression, in an
766	766	activity, service, organization, or facility described by
767	767	Subdivision (1).
768	768	SECTION 35. The following laws are repealed:
769	769	(1) Section 2.001(b), Family Code;
770	770	(2) Section 6.204, Family Code;
771	771	(3) Sections 810.001(g), (h), and (i), Government
772	772	Code; and
773	773	(4) Section 21.06, Penal Code.
774	774	SECTION 36. Article 42.014, Code of Criminal Procedure, as
775	775	amended by this Act, applies only to an offense committed on or
776	776	after the effective date of this Act. An offense committed before
777	777	the effective date of this Act is governed by the law in effect on
778	778	the date the offense was committed, and the former law is continued
779	779	in effect for that purpose. For purposes of this section, an offense
780	780	was committed before the effective date of this Act if any element
781	781	of the offense occurred before that date.
782	782	SECTION 37. (a) Notwithstanding Section 11.172(e),
783	783	Education Code, as added by this Act, each school district shall
784	784	submit to the Texas Education Agency information described by that
785	785	subsection for the 2023-2024 school year not later than October 1,
786	786	2024, and the Texas Education Agency shall include the submitted
787	787	information in the comprehensive biennial report required by
788	788	Section 39.332, Education Code, to be submitted by the agency not
789	789	later than December 1, 2024. As authorized by Section 11.172(e),
790	790	Education Code, as added by this Act, the commissioner of education
791	791	in a timely manner shall adopt any rules necessary to implement the
792	792	deadlines specified by this subsection.
793	793	(b) Beginning with the comprehensive biennial report
794	794	required by Section 39.332, Education Code, to be submitted not
795	795	later than December 1, 2026, the Texas Education Agency shall
796	796	include information submitted by school districts in accordance
797	797	with Section 11.172(e), Education Code, as added by this Act, for
798	798	the preceding two school years.
799	799	(c) Section 11.172, Education Code, as added by this Act,
800	800	applies beginning with the 2023-2024 school year.
801	801	SECTION 38. Section 108.009(b), Family Code, as amended by
802	802	this Act, applies only to a new birth certificate for a child born
803	803	on or after the effective date of this Act. A new birth certificate
804	804	for a child born before that date is governed by the law in effect on
805	805	the date the child was born, and the former law is continued in
806	806	effect for that purpose.
807	807	SECTION 39. Sections 153.312(b), 153.313, and 153.314,
808	808	Family Code, as amended by this Act, apply only to a court order
809	809	providing for possession of or access to a child rendered on or
810	810	after the effective date of this Act. A court order rendered before
811	811	the effective date of this Act is governed by the law in effect on
812	812	the date the order was rendered, and the former law is continued in
813	813	effect for that purpose.
814	814	SECTION 40. Section 21.11(b), Penal Code, as amended by
815	815	this Act, applies to an offense committed on or after the effective
816	816	date of this Act and to any criminal action pending on the effective
817	817	date of this Act for an offense committed before that effective
818	818	date. A final conviction for an offense under Section 21.11, Penal
819	819	Code, that exists on the effective date of this Act is unaffected by
820	820	this Act.
821	821	SECTION 41. Sections 301.003, 301.021, 301.022, 301.023,
822	822	301.024, 301.026, 301.027, 301.042, 301.068, and 301.171, Property
823	823	Code, as amended by this Act, apply only to a complaint filed with
824	824	the Texas Workforce Commission civil rights division on or after
825	825	the effective date of this Act. A complaint filed before that date
826	826	is governed by the law as it existed immediately before the
827	827	effective date of this Act, and that law is continued in effect for
828	828	that purpose.
829	829	SECTION 42. (a) Except as otherwise provided by Subsection
830	830	(b) of this section, this Act takes effect September 1, 2023.
831	831	(b) Section 11.172, Education Code, as added by this Act,
832	832	takes effect immediately if this Act receives a vote of two-thirds
833	833	of all the members elected to each house, as provided by Section 39,
834	834	Article III, Texas Constitution. If this Act does not receive the
835	835	vote necessary for Section 11.172, Education Code, as added by this
836	836	Act, to have immediate effect, that section takes effect September
837	837	1, 2023.