88R516 KSD-D
By: Menéndez, Eckhardt S.B. No. 110
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of certain discrimination; authorizing
civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 101A to read as follows:
CHAPTER 101A. DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 101A.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Workforce
Commission.
(2) "Complainant" means an individual who brings an
action or proceeding under this chapter.
(3) "Discriminatory practice" means an act prohibited
by this chapter.
(4) "Executive director" means the executive director
of the commission.
(5) "Gender identity" means the gender-related
identity, appearance, or other gender-related characteristics of
an individual with or without regard to the individual's designated
sex at birth.
(6) "Military veteran" means a person who:
(A) has served in:
(i) the armed forces of the United States or
the United States Public Health Service under 42 U.S.C. Section 201
et seq.;
(ii) the state military forces, as defined
by Section 431.001, Government Code; or
(iii) an auxiliary service of a branch of
the armed forces described by Subparagraph (i) or (ii); and
(B) has been honorably discharged from the branch
of the service in which the person served.
(7) "Person" means:
(A) an individual;
(B) a corporation, partnership, association,
unincorporated organization, labor organization, mutual company,
joint-stock company, and trust; and
(C) a legal representative, a trustee, a trustee
in a case under Title 11, U.S.C., a receiver, and a fiduciary.
(8) "Public accommodation" means a business or other
entity that offers to the public any good, service, privilege,
facility, or accommodation.
(9) "Respondent" means a person charged in a complaint
filed under this chapter.
(10) "Sexual orientation" means an individual's actual
or perceived heterosexuality, bisexuality, or homosexuality.
Sec. 101A.002. RULES. The commission may adopt rules
necessary to implement this chapter.
SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
Sec. 101A.051. PUBLIC ACCOMMODATIONS. (a) A person
engages in a discriminatory practice and violates this chapter if
the person, because of the race, color, disability, religion, sex,
national origin, age, sexual orientation, or gender identity of an
individual, or because of the individual's status as a military
veteran:
(1) refuses, withholds, or denies that individual full
and equal accommodation in any place of public accommodation in
this state;
(2) publishes, circulates, issues, displays, posts,
or mails, either directly or indirectly, any communication, notice,
or advertisement to the effect that any good, service, privilege,
facility, or accommodation of a place of public accommodation in
this state will be refused, withheld, or denied; or
(3) otherwise discriminates against or segregates or
separates the individual in a place of public accommodation based
on race, color, disability, religion, sex, national origin, age,
sexual orientation, or gender identity or based on the individual's
status as a military veteran.
(b) This section does not apply to a private club, a place of
accommodation owned by or operated on behalf of a religious
corporation, association, or society that is not in fact open to the
public, or any other establishment that is not in fact open to the
public.
(c) This section does not prohibit the provision of a
special benefit, incentive, discount, or promotion through a
private or public program to assist persons who:
(1) are 50 years of age or older; or
(2) are military veterans or family members of
military veterans.
(d) This section does not supersede or interfere with any
state law or local ordinance that prohibits a person under the age
of 21 from entering a place of public accommodation.
SUBCHAPTER C. ADMINISTRATIVE ENFORCEMENT
Sec. 101A.101. FILING OF COMPLAINT; FORM AND CONTENT;
SERVICE. (a) A person claiming to be aggrieved by an alleged
discriminatory practice or the person's agent may file a complaint
with the commission.
(b) The complaint must be in writing and made under oath.
(c) The complaint must state:
(1) that a discriminatory practice has been committed;
(2) the facts on which the complaint is based,
including the date, place, and circumstances of the alleged
discriminatory practice; and
(3) facts sufficient to enable the commission to
identify the respondent.
(d) The executive director or the executive director's
designee shall serve the respondent with a copy of the perfected
complaint not later than the 10th day after the date the complaint
is filed.
(e) A complaint may be amended to cure technical defects or
omissions, including a failure to verify the complaint or to
clarify and amplify an allegation made in the complaint.
(f) An amendment to a complaint alleging additional facts
that constitute discriminatory practices relating to or arising
from the subject matter of the original complaint relates back to
the date the complaint was first received by the commission.
(g) If a perfected complaint is not received by the
commission within 180 days of the alleged discriminatory practice,
the commission shall notify the respondent that a complaint has
been filed and that the process of perfecting the complaint is in
progress.
Sec. 101A.102. STATUTE OF LIMITATIONS. (a) A complaint
under this subchapter must be filed not later than the 180th day
after the date the alleged discriminatory practice occurred.
(b) The commission shall dismiss an untimely complaint.
Sec. 101A.103. ALTERNATIVE DISPUTE RESOLUTION; OFFICE.
(a) The use of alternative means of dispute resolution, including
settlement negotiations, conciliation, facilitation, mediation,
fact-finding, minitrials, and arbitration, is encouraged to
resolve disputes arising under this chapter. The settlement of a
disputed claim under this chapter that results from the use of
traditional or alternative means of dispute resolution is binding
on the parties to the claim.
(b) The commission shall establish an office of alternative
dispute resolution. At any time after a complaint is received under
Section 101A.101, at the request of a party or at the direction of
the commission, the matter may be referred to the office of
alternative dispute resolution.
Sec. 101A.104. INVESTIGATION BY COMMISSION. (a) The
executive director or a staff member of the commission designated
by the executive director shall investigate a complaint and
determine if there is reasonable cause to believe that the
respondent engaged in a discriminatory practice as alleged in the
complaint.
(b) If the federal government has referred the complaint to
the commission or has deferred jurisdiction over the subject matter
of the complaint to the commission, the executive director or the
executive director's designee shall promptly investigate the
allegations stated in the complaint.
Sec. 101A.105. LACK OF REASONABLE CAUSE; DISMISSAL OF
COMPLAINT. (a) If after investigation the executive director or
the executive director's designee determines that reasonable cause
does not exist to believe that the respondent engaged in a
discriminatory practice as alleged in a complaint, the executive
director or the executive director's designee shall issue a written
determination, incorporating the finding that the evidence does not
support the complaint and dismissing the complaint.
(b) The executive director or the executive director's
designee shall serve a copy of the determination on the
complainant, the respondent, and other agencies as required by law.
Sec. 101A.106. DETERMINATION OF REASONABLE CAUSE; REVIEW BY
COMMISSION. (a) If after investigation the executive director or
the executive director's designee determines that there is
reasonable cause to believe that the respondent engaged in a
discriminatory practice as alleged in a complaint, the executive
director or the executive director's designee shall review with the
commission members the evidence in the record.
(b) If after the review at least two of the three commission
members determine that there is reasonable cause to believe that
the respondent engaged in a discriminatory practice, the executive
director shall:
(1) issue a written determination incorporating the
executive director's finding that the evidence supports the
complaint; and
(2) serve a copy of the determination on the
complainant, the respondent, and other agencies as required by law.
Sec. 101A.107. RESOLUTION BY INFORMAL METHODS. (a) If a
determination of reasonable cause is made under Section 101A.106,
the commission shall endeavor to eliminate the alleged
discriminatory practice by informal methods of conference,
conciliation, and persuasion.
(b) Without the written consent of the complainant and
respondent, the commission, its executive director, or its other
officers or employees may not disclose to the public information
about the efforts in a particular case to resolve an alleged
discriminatory practice by conference, conciliation, or
persuasion, regardless of whether there is a determination of
reasonable cause.
Sec. 101A.108. NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT.
If the commission dismisses a complaint filed under Section
101A.101 or does not resolve the complaint before the 181st day
after the date the complaint was filed, the commission shall inform
the complainant of the dismissal or failure to resolve the
complaint in writing by certified mail.
Sec. 101A.109. TEMPORARY INJUNCTIVE RELIEF. (a) If the
commission concludes from a preliminary investigation of a
discriminatory practice alleged in a complaint that prompt judicial
action is necessary to carry out the purpose of this chapter, the
commission shall file a petition seeking appropriate temporary
relief against the respondent pending final determination of a
proceeding under this chapter.
(b) The petition shall be filed in a district court in a
county in which:
(1) the alleged discriminatory practice that is the
subject of the complaint occurred; or
(2) the respondent resides.
(c) A court may not issue temporary injunctive relief unless
the commission shows:
(1) a substantial likelihood of success on the merits;
and
(2) irreparable harm to the complainant in the absence
of the preliminary relief pending final determination on the
merits.
Sec. 101A.110. ELECTION OF REMEDIES. A person who has
initiated a court action or who has an action pending before an
administrative agency under other law or an order or ordinance of a
political subdivision of this state based on an act that would be a
discriminatory practice under this chapter may not file a complaint
under this subchapter for the same grievance.
SUBCHAPTER D. JUDICIAL ENFORCEMENT
Sec. 101A.151. CIVIL ACTION BY COMMISSION. (a) The
commission may bring a civil action against a respondent if:
(1) the commission determines that there is reasonable
cause to believe that the respondent engaged in a discriminatory
practice;
(2) the commission's efforts to resolve the alleged
discriminatory practice to the satisfaction of the complainant and
respondent through conciliation have been unsuccessful; and
(3) a majority of the commissioners determines that
the civil action may achieve the purposes of this chapter.
(b) The complainant may intervene in a civil action brought
by the commission.
Sec. 101A.152. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL
ACTION. (a) A complainant who receives notice under Section
101A.108 that the complaint is dismissed or not resolved is
entitled to request from the commission a written notice of the
complainant's right to file a civil action.
(b) The complainant must request the notice in writing.
(c) The executive director may issue the notice.
(d) Failure to issue the notice of a complainant's right to
file a civil action does not affect the complainant's right under
this subchapter to bring a civil action against the respondent.
Sec. 101A.153. CIVIL ACTION BY COMPLAINANT. Not later than
the 60th day after the date a notice of the right to file a civil
action is received, the complainant may bring a civil action
against the respondent.
Sec. 101A.154. COMMISSION'S INTERVENTION IN CIVIL ACTION BY
COMPLAINANT. After receipt of a timely application, a court may
permit the commission to intervene in a civil action filed under
Section 101A.153 if:
(1) the commission certifies that the case is of
general public importance; and
(2) before commencement of the action the commission
issued a determination of reasonable cause to believe that this
chapter was violated.
Sec. 101A.155. STATUTE OF LIMITATIONS. A civil action may
not be brought under this subchapter later than the second
anniversary of the date the complaint relating to the action is
filed.
Sec. 101A.156. ASSIGNMENT TO EARLY HEARING. The court
shall set an action brought under this subchapter for hearing at the
earliest practicable date to expedite the action.
Sec. 101A.157. INJUNCTION; EQUITABLE RELIEF. On finding
that a respondent engaged in a discriminatory practice as alleged
in a complaint, a court may:
(1) prohibit by injunction the respondent from
engaging in the discriminatory practice; and
(2) order additional equitable relief as may be
appropriate.
Sec. 101A.158. COMPENSATORY AND PUNITIVE DAMAGES. (a) On
finding that a respondent engaged in a discriminatory practice as
alleged in a complaint, a court may, as provided by this section,
award:
(1) compensatory damages; and
(2) punitive damages.
(b) A complainant may recover punitive damages against a
respondent, other than a respondent that is a governmental entity,
if the complainant demonstrates that the respondent engaged in a
discriminatory practice with malice or with reckless indifference
to the state-protected rights of an aggrieved individual.
Sec. 101A.159. ATTORNEY'S FEES; COSTS. (a) In a
proceeding under this chapter, a court may allow the prevailing
party, other than the commission, a reasonable attorney's fee as
part of the costs.
(b) The state, a state agency, or a political subdivision is
liable for costs, including attorney's fees, to the same extent as a
private person.
(c) In awarding costs and attorney's fees in an action or a
proceeding under this chapter, the court, in its discretion, may
include reasonable expert fees.
Sec. 101A.160. COMPELLED COMPLIANCE. If a person fails to
comply with a court order issued under this subchapter, a party to
the action or the commission, on the written request of a person
aggrieved by the failure, may commence proceedings to compel
compliance with the order.
Sec. 101A.161. TRIAL DE NOVO. (a) A judicial proceeding
under this chapter is by trial de novo.
(b) A commission finding, recommendation, determination, or
other action is not binding on a court.
SUBCHAPTER E. ENFORCEMENT BY ATTORNEY GENERAL
Sec. 101A.201. ENFORCEMENT BY ATTORNEY GENERAL; PATTERN OR
PRACTICE CASE. (a) If the commission determines that a person is
engaged in a pattern or practice of discriminatory practices under
this chapter or that an alleged violation raises an issue of general
public importance, the commission may request the attorney general
to file a civil action in district court for appropriate relief.
(b) In an action under this section, the court may:
(1) award equitable relief and other appropriate
relief, including monetary damages, a reasonable attorney's fee,
and court costs, available under Subchapter D for an action under
that subchapter; and
(2) to vindicate the public interest, assess a civil
penalty against the respondent in the amount not to exceed the
applicable amounts prescribed by Section 301.132, Property Code,
for a pattern or practice violation under the Texas Fair Housing
Act.
SECTION 2. Section 21.002, Labor Code, is amended by adding
Subdivisions (9-a), (11-b), and (13-a) to read as follows:
(9-a) "Gender identity" means the gender-related
identity, appearance, or other gender-related characteristics of
an individual with or without regard to the individual's designated
sex at birth.
(11-b) "Military veteran" means a person who:
(A) has served in:
(i) the armed forces of the United States or
the United States Public Health Service under 42 U.S.C. Section 201
et seq.;
(ii) the state military forces, as defined
by Section 431.001, Government Code; or
(iii) an auxiliary service of a branch of
the armed forces described by Subparagraph (i) or (ii); and
(B) has been honorably discharged from the branch
of the service in which the person served.
(13-a) "Sexual orientation" means an individual's
actual or perceived heterosexuality, bisexuality, or
homosexuality.
SECTION 3. Section 21.005, Labor Code, is amended by adding
Subsection (d) to read as follows:
(d) A provision in this chapter prohibiting discrimination
on the basis of an individual's status as a military veteran does
not affect the operation or enforcement of a program under the laws
of this state or the United States that is designed to give a
preference to a military veteran in recognition of the veteran's
service to this state or the United States, including a preference
authorized under Section 302.154 or under Chapter 657, Government
Code.
SECTION 4. 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 because of the individual's
status as a military veteran, 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 5. Section 21.052, Labor Code, is amended to read as
follows:
Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
employment agency commits an unlawful employment practice if the
employment agency:
(1) fails or refuses to refer for employment or
discriminates in any other manner against an individual because of
race, color, disability, religion, sex, national origin, [or] age,
sexual orientation, or gender identity, or because of the
individual's status as a military veteran; or
(2) classifies or refers an individual for employment
on the basis of race, color, disability, religion, sex, national
origin, [or] age, sexual orientation, or gender identity, or
because of the individual's status as a military veteran.
SECTION 6. Section 21.053, Labor Code, is amended to read as
follows:
Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
organization commits an unlawful employment practice if because of
race, color, disability, religion, sex, national origin, [or] age,
sexual orientation, or gender identity, or because of the
individual's status as a military veteran, the labor organization:
(1) excludes or expels from membership or
discriminates in any other manner against an individual; or
(2) limits, segregates, or classifies a member or an
applicant for membership or classifies or fails or refuses to refer
for employment an individual in a manner that would:
(A) deprive or tend to deprive an individual of
any employment opportunity;
(B) limit an employment opportunity or adversely
affect in any other manner the status of an employee or of an
applicant for employment; or
(C) cause or attempt to cause an employer to
violate this subchapter.
SECTION 7. Section 21.054, Labor Code, is amended to read as
follows:
Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING
PROGRAM. [(a)] Unless a training or retraining opportunity or
program is provided under an affirmative action plan approved under
a federal law, rule, or order, an employer, labor organization, or
joint labor-management committee controlling an apprenticeship,
on-the-job training, or other training or retraining program
commits an unlawful employment practice if the employer, labor
organization, or committee discriminates against an individual
because of race, color, disability, religion, sex, national origin,
[or] age, sexual orientation, or gender identity, or because of the
individual's status as a military veteran, in admission to or
participation in the program.
SECTION 8. Section 21.059(a), Labor Code, is amended to
read as follows:
(a) An employer, labor organization, employment agency, or
joint labor-management committee controlling an apprenticeship,
on-the-job training, or other training or retraining program
commits an unlawful employment practice if the employer, labor
organization, employment agency, or committee prints or publishes
or causes to be printed or published a notice or advertisement
relating to employment that:
(1) indicates a preference, limitation,
specification, or discrimination based on race, color, disability,
religion, sex, national origin, [or] age, sexual orientation, or
gender identity, or based on an individual's status as a military
veteran; and
(2) concerns an employee's status, employment, or
admission to or membership or participation in a labor union or
training or retraining program.
SECTION 9. Section 21.102(c), Labor Code, is amended to
read as follows:
(c) This section does not apply to standards of compensation
or terms, conditions, or privileges of employment that are
discriminatory on the basis of race, color, disability, religion,
sex, national origin, [or] age, sexual orientation, or gender
identity, or on the basis of an individual's status as a military
veteran.
SECTION 10. Section 21.112, Labor Code, is amended to read
as follows:
Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
does not commit an unlawful employment practice by applying to
employees who work in different locations different standards of
compensation or different terms, conditions, or privileges of
employment that are not discriminatory on the basis of race, color,
disability, religion, sex, national origin, [or] age, sexual
orientation, or gender identity, or on the basis of an individual's
status as a military veteran.
SECTION 11. Section 21.113, Labor Code, is amended to read
as follows:
Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter
does not require a person subject to this chapter to grant
preferential treatment to an individual or a group on the basis of
race, color, disability, religion, sex, national origin, [or] age,
sexual orientation, or gender identity, or on the basis of an
individual's status as a military veteran, because of an imbalance
between:
(1) the total number or percentage of persons of that
individual's or group's race, color, disability, religion, sex,
national origin, [or] age, sexual orientation, or gender identity,
or the total number or percentage of individuals who are military
veterans:
(A) employed by an employer;
(B) referred or classified for employment by an
employment agency or labor organization;
(C) admitted to membership or classified by a
labor organization; or
(D) admitted to or employed in an apprenticeship,
on-the-job training, or other training or retraining program; and
(2) the total number or percentage of persons of that
race, color, disability, religion, sex, national origin, [or] age,
sexual orientation, or gender identity or the total number or
percentage of individuals who are military veterans in:
(A) a community, this state, a region, or other
area; or
(B) the available work force in a community, this
state, a region, or other area.
SECTION 12. Section 21.120(b), Labor Code, is amended to
read as follows:
(b) Subsection (a) does not apply to a policy adopted or
applied with the intent to discriminate because of race, color,
sex, national origin, religion, age, [or] disability, sexual
orientation, or gender identity, or because of an individual's
status as a military veteran.
SECTION 13. Section 21.122(a), Labor Code, is amended to
read as follows:
(a) An unlawful employment practice based on disparate
impact is established under this chapter only if:
(1) a complainant demonstrates that a respondent uses
a particular employment practice that causes a disparate impact on
the basis of race, color, sex, national origin, religion, [or]
disability, sexual orientation, or gender identity, or on the basis
of an individual's status as a military veteran, and the respondent
fails to demonstrate that the challenged practice is job-related
for the position in question and consistent with business
necessity; or
(2) the complainant makes the demonstration in
accordance with federal law as that law existed June 4, 1989, with
respect to the concept of alternative employment practices, and the
respondent refuses to adopt such an alternative employment
practice.
SECTION 14. Section 21.124, Labor Code, is amended to read
as follows:
Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
SCORES. (a) Except as provided by Subsection (b), it [It] is an
unlawful employment practice for a respondent, in connection with
the selection or referral of applicants for employment or
promotion, to adjust the scores of, use different cutoff scores
for, or otherwise alter the results of employment-related tests on
the basis of race, color, sex, national origin, religion, age, [or]
disability, sexual orientation, or gender identity, or on the basis
of an individual's status as a military veteran.
(b) Subsection (a) does not apply to an act described by
that subsection that is made in conjunction with a preference
program for military veterans authorized under a law of this state
or the United States.
SECTION 15. The heading to Section 21.125, Labor Code, is
amended to read as follows:
Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
[OR] DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY OR STATUS
AS MILITARY VETERAN IN EMPLOYMENT PRACTICES.
SECTION 16. Section 21.125(a), Labor Code, is amended to
read as follows:
(a) Except as otherwise provided by this chapter, an
unlawful employment practice is established when the complainant
demonstrates that race, color, sex, national origin, religion, age,
[or] disability, sexual orientation, or gender identity, or status
as a military veteran, was a motivating factor for an employment
practice, even if other factors also motivated the practice, unless
race, color, sex, national origin, religion, age, [or] disability,
sexual orientation, or gender identity, or status as a military
veteran, is combined with objective job-related factors to attain
diversity in the employer's work force.
SECTION 17. Section 21.126, Labor Code, is amended to read
as follows:
Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
employment practice for a person elected to public office in this
state or a political subdivision of this state to discriminate
because of race, color, sex, national origin, religion, age, [or]
disability, sexual orientation, or gender identity, or because of
the individual's status as a military veteran, against an
individual who is an employee or applicant for employment to:
(1) serve on the elected official's personal staff;
(2) serve the elected official on a policy-making
level; or
(3) serve the elected official as an immediate advisor
with respect to the exercise of the constitutional or legal powers
of the office.
SECTION 18. Section 21.152(a), Labor Code, is amended to
read as follows:
(a) A political subdivision or two or more political
subdivisions acting jointly may create a local commission to:
(1) promote the purposes of this chapter; and
(2) secure for all individuals in the jurisdiction of
each political subdivision freedom from discrimination because of
race, color, disability, religion, sex, national origin, [or] age,
sexual orientation, or gender identity, or because of an
individual's status as a military veteran.
SECTION 19. Section 21.155(a), Labor Code, is amended to
read as follows:
(a) The commission [Commission on Human Rights] shall refer
a complaint concerning discrimination in employment because of
race, color, disability, religion, sex, national origin, [or] age,
sexual orientation, or gender identity, or because of status as a
military veteran, that is filed with that commission to a local
commission with the necessary investigatory and conciliatory
powers if:
(1) the complaint has been referred to the commission
[Commission on Human Rights] by the federal government; or
(2) jurisdiction over the subject matter of the
complaint has been deferred to the commission [Commission on Human
Rights] by the federal government.
SECTION 20. Section 301.003, Property Code, is amended by
amending Subdivision (6) and adding Subdivisions (9-a), (9-b), and
(10-a) to read as follows:
(6) "Disability" means a mental or physical impairment
that substantially limits at least one major life activity, a
record of the impairment, or being regarded as having the
impairment. The term does not include current illegal use of or
addiction to any drug or illegal or federally controlled substance
[and does not apply to an individual because of an individual's
sexual orientation or because that individual is a transvestite].
(9-a) "Gender identity" means the gender-related
identity, appearance, or other gender-related characteristics of
an individual with or without regard to the individual's designated
sex at birth.
(9-b) "Military veteran" means a person who:
(A) has served in:
(i) the armed forces of the United States or
the United States Public Health Service under 42 U.S.C. Section 201
et seq.;
(ii) the state military forces, as defined
by Section 431.001, Government Code; or
(iii) an auxiliary service of a branch of
the armed forces described by Subparagraph (i) or (ii); and
(B) has been honorably discharged from the branch
of the service in which the person served.
(10-a) "Sexual orientation" means an individual's
actual or perceived heterosexuality, bisexuality, or
homosexuality.
SECTION 21. Sections 301.021(a) and (b), Property Code, are
amended to read as follows:
(a) A person may not refuse to sell or rent, after the making
of a bona fide offer, refuse to negotiate for the sale or rental of,
or in any other manner make unavailable or deny a dwelling to
another because of race, color, religion, sex, familial status,
[or] national origin, sexual orientation, or gender identity, or
because of status as a military veteran.
(b) A person may not discriminate against another in the
terms, conditions, or privileges of sale or rental of a dwelling or
in providing services or facilities in connection with a sale or
rental of a dwelling because of race, color, religion, sex,
familial status, [or] national origin, sexual orientation, or
gender identity, or because of status as a military veteran.
SECTION 22. Section 301.022, Property Code, is amended to
read as follows:
Sec. 301.022. PUBLICATION. A person may not make, print, or
publish or effect the making, printing, or publishing of a notice,
statement, or advertisement that is about the sale or rental of a
dwelling and that indicates any preference, limitation, or
discrimination or the intention to make a preference, limitation,
or discrimination because of race, color, religion, sex,
disability, familial status, [or] national origin, sexual
orientation, or gender identity, or because of status as a military
veteran.
SECTION 23. Section 301.023, Property Code, is amended to
read as follows:
Sec. 301.023. INSPECTION. A person may not represent to
another because of race, color, religion, sex, disability, familial
status, [or] national origin, sexual orientation, or gender
identity, or because of status as a military veteran, that a
dwelling is not available for inspection for sale or rental when the
dwelling is available for inspection.
SECTION 24. Section 301.024, Property Code, is amended to
read as follows:
Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
for profit, induce or attempt to induce another to sell or rent a
dwelling by representations regarding the entry or prospective
entry into a neighborhood of a person of a particular race, color,
religion, sex, disability, familial status, [or] national origin,
sexual orientation, or gender identity or with the status of a
military veteran.
SECTION 25. Section 301.026(a), Property Code, is amended
to read as follows:
(a) A person whose business includes engaging in
residential real estate related transactions may not discriminate
against another in making a real estate related transaction
available or in the terms or conditions of a real estate related
transaction because of race, color, religion, sex, disability,
familial status, [or] national origin, sexual orientation, or
gender identity, or because of status as a military veteran.
SECTION 26. Section 301.027, Property Code, is amended to
read as follows:
Sec. 301.027. BROKERAGE SERVICES. A person may not deny
another access to, or membership or participation in, a
multiple-listing service, real estate brokers' organization, or
other service, organization, or facility relating to the business
of selling or renting dwellings, or discriminate against a person
in the terms or conditions of access, membership, or participation
in such an organization, service, or facility because of race,
color, religion, sex, disability, familial status, [or] national
origin, sexual orientation, or gender identity, or because of
status as a military veteran.
SECTION 27. Sections 301.042(a) and (c), Property Code, are
amended to read as follows:
(a) This chapter does not prohibit a religious
organization, association, or society or a nonprofit institution or
organization operated, supervised, or controlled by or in
conjunction with a religious organization, association, or society
from:
(1) limiting the sale, rental, or occupancy of
dwellings that it owns or operates for other than a commercial
purpose to persons of the same religion; or
(2) giving preference to persons of the same religion,
unless membership in the religion is restricted because of race,
color, [or] national origin, sexual orientation, or gender
identity, or because of status as a military veteran.
(c) This chapter does not prohibit a person engaged in the
business of furnishing appraisals of real property from considering
in those appraisals factors other than race, color, religion, sex,
disability, familial status, [or] national origin, sexual
orientation, or gender identity, or status as a military veteran.
SECTION 28. Section 301.068, Property Code, is amended to
read as follows:
Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
Subsection (b), the [The] commission may defer proceedings under
this chapter and refer a complaint to a municipality that has been
certified by the federal Department of Housing and Urban
Development as a substantially equivalent fair housing agency.
(b) The commission may not defer proceedings and refer a
complaint under Subsection (a) to a municipality in which the
alleged discrimination occurred if:
(1) the complaint alleges discrimination based on
sexual orientation or gender identity or based on status as a
military veteran; and
(2) the municipality does not have laws prohibiting
the alleged discrimination.
SECTION 29. Section 301.171(a), Property Code, is amended
to read as follows:
(a) A person commits an offense if the person, without
regard to whether the person is acting under color of law, by force
or threat of force intentionally intimidates or interferes with a
person:
(1) because of the person's race, color, religion,
sex, disability, familial status, [or] national origin, sexual
orientation, or gender identity, or because of the person's status
as a military veteran and because the person is or has been selling,
purchasing, renting, financing, occupying, or contracting or
negotiating for the sale, purchase, rental, financing, or
occupation of any dwelling or applying for or participating in a
service, organization, or facility relating to the business of
selling or renting dwellings; or
(2) because the person is or has been or to intimidate
the person from:
(A) participating, without discrimination
because of race, color, religion, sex, disability, familial status,
[or] national origin, sexual orientation, or gender identity, or
because of status as a military veteran, in an activity, service,
organization, or facility described by Subdivision (1); [or]
(B) affording another person opportunity or
protection to so participate; or
(C) lawfully aiding or encouraging other persons
to participate, without discrimination because of race, color,
religion, sex, disability, familial status, [or] national origin,
sexual orientation, or gender identity, or because of status as a
military veteran, in an activity, service, organization, or
facility described by Subdivision (1).
SECTION 30. (a) The changes in law made by this Act to the
Business & Commerce Code and the Labor Code apply to conduct
occurring on or after the effective date of this Act. Conduct
occurring before that date is governed by the law in effect on the
date the conduct occurred, and the former law is continued in effect
for that purpose.
(b) The changes in law made by this Act to the Property Code
apply only to a complaint filed with the Texas Workforce Commission
on or after the effective date of this Act. A complaint filed
before that date 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 31. This Act takes effect September 1, 2023.