88R3035 MCF-D
By: Rose H.B. No. 725
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain discrimination based on sexual
orientation or gender identity or expression.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 42.014(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) In the trial of an offense under Title 5, Penal Code, or
Section 28.02, 28.03, 28.08, or 42.0601, Penal Code, the judge
shall make an affirmative finding of fact and enter the affirmative
finding in the judgment of the case if at the guilt or innocence
phase of the trial, the judge or the jury, whichever is the trier of
fact, determines beyond a reasonable doubt that the defendant
intentionally selected the person against whom the offense was
committed, or intentionally selected the person's property that was
damaged or affected as a result of the offense, because of the
defendant's bias or prejudice against a group identified by race,
color, disability, religion, national origin or ancestry, age,
gender, [or] sexual orientation, or gender identity or expression
[preference] or by status as a peace officer or judge.
(c) In this article:
(1) "Gender identity or expression" means having or
being perceived as having a gender-related identity, appearance,
expression, or behavior, regardless of whether that identity,
appearance, expression, or behavior is different from that commonly
associated with the person's actual or perceived sex.
(2) "Sexual orientation" means the actual or perceived
status of an individual with respect to the individual's
sexuality[, "sexual preference" has the following meaning only: a
preference for heterosexuality, homosexuality, or bisexuality].
SECTION 2. Section 153.003, Family Code, is amended to read
as follows:
Sec. 153.003. NO DISCRIMINATION BASED ON SEX, SEXUAL
ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR MARITAL STATUS. (a)
The court shall consider the qualifications of the parties without
regard to their marital status, sexual orientation, or gender
identity or expression, or to the sex of the party or the child in
determining:
(1) which party to appoint as sole managing
conservator;
(2) whether to appoint a party as joint managing
conservator; and
(3) the terms and conditions of conservatorship and
possession of and access to the child.
(b) In this section:
(1) "Gender identity or expression" means having or
being perceived as having a gender-related identity, appearance,
expression, or behavior, regardless of whether that identity,
appearance, expression, or behavior is different from that commonly
associated with the person's actual or perceived sex.
(2) "Sexual orientation" means the actual or perceived
status of an individual with respect to the individual's sexuality.
SECTION 3. Section 544.002, Insurance Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) A person may not refuse to insure or provide coverage to
an individual, refuse to continue to insure or provide coverage to
an individual, limit the amount, extent, or kind of coverage
available for an individual, or charge an individual a rate that is
different from the rate charged to other individuals for the same
coverage because of the individual's:
(1) race, color, religion, or national origin;
(2) age, gender, marital status, or geographic
location; [or]
(3) disability or partial disability; or
(4) sexual orientation or gender identity or
expression.
(d) In this section:
(1) "Gender identity or expression" means having or
being perceived as having a gender-related identity, appearance,
expression, or behavior, regardless of whether that identity,
appearance, expression, or behavior is different from that commonly
associated with the person's actual or perceived sex.
(2) "Sexual orientation" means the actual or perceived
status of an individual with respect to the individual's sexuality.
SECTION 4. Section 21.002, Labor Code, is amended by adding
Subdivisions (9-a) and (13-a) to read as follows:
(9-a) "Gender identity or expression" means having or
being perceived as having a gender-related identity, appearance,
expression, or behavior, regardless of whether that identity,
appearance, expression, or behavior is different from that commonly
associated with the person's actual or perceived sex.
(13-a) "Sexual orientation" means the actual or
perceived status of an individual with respect to the individual's
sexuality.
SECTION 5. Section 21.051, Labor Code, is amended to read as
follows:
Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
commits an unlawful employment practice if because of race, color,
disability, religion, sex, national origin, [or] age, sexual
orientation, or gender identity or expression the employer:
(1) fails or refuses to hire an individual, discharges
an individual, or discriminates in any other manner against an
individual in connection with compensation or the terms,
conditions, or privileges of employment; or
(2) limits, segregates, or classifies an employee or
applicant for employment in a manner that would deprive or tend to
deprive an individual of any employment opportunity or adversely
affect in any other manner the status of an employee.
SECTION 6. Article 42.014, Code of Criminal Procedure, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 7. (a) Section 153.003, Family Code, as amended by
this Act, applies to a suit affecting the parent-child relationship
pending in a trial court on the effective date of this Act or filed
on or after that date.
(b) The enactment of this Act constitutes a material and
substantial change of circumstances sufficient to warrant
modification of a court order or portion of a decree that provides
for conservatorship or possession of or access to a child rendered
before the effective date of this Act.
SECTION 8. Section 544.002, Insurance Code, as amended by
this Act, applies only to a health benefit plan delivered, issued
for delivery, or renewed on or after January 1, 2024. A health
benefit plan delivered, issued for delivery, or renewed before
January 1, 2024, is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 9. Section 21.051, Labor Code, as amended by this
Act, applies to conduct occurring on or after the effective date of
this Act. Conduct occurring before the effective date of this Act
is governed by the law in effect on the date the conduct occurred,
and the former law is continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2023.