Texas 2023 - 88th Regular

Texas Senate Bill SB110 Compare Versions

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1	1	88R516 KSD-D
2	2	By: Menéndez, Eckhardt S.B. No. 110
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibition of certain discrimination; authorizing
8	8	civil penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
11	11	amended by adding Chapter 101A to read as follows:
12	12	CHAPTER 101A. DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 101A.001. DEFINITIONS. In this chapter:
15	15	(1) "Commission" means the Texas Workforce
16	16	Commission.
17	17	(2) "Complainant" means an individual who brings an
18	18	action or proceeding under this chapter.
19	19	(3) "Discriminatory practice" means an act prohibited
20	20	by this chapter.
21	21	(4) "Executive director" means the executive director
22	22	of the commission.
23	23	(5) "Gender identity" means the gender-related
24	24	identity, appearance, or other gender-related characteristics of
25	25	an individual with or without regard to the individual's designated
26	26	sex at birth.
27	27	(6) "Military veteran" means a person who:
28	28	(A) has served in:
29	29	(i) the armed forces of the United States or
30	30	the United States Public Health Service under 42 U.S.C. Section 201
31	31	et seq.;
32	32	(ii) the state military forces, as defined
33	33	by Section 431.001, Government Code; or
34	34	(iii) an auxiliary service of a branch of
35	35	the armed forces described by Subparagraph (i) or (ii); and
36	36	(B) has been honorably discharged from the branch
37	37	of the service in which the person served.
38	38	(7) "Person" means:
39	39	(A) an individual;
40	40	(B) a corporation, partnership, association,
41	41	unincorporated organization, labor organization, mutual company,
42	42	joint-stock company, and trust; and
43	43	(C) a legal representative, a trustee, a trustee
44	44	in a case under Title 11, U.S.C., a receiver, and a fiduciary.
45	45	(8) "Public accommodation" means a business or other
46	46	entity that offers to the public any good, service, privilege,
47	47	facility, or accommodation.
48	48	(9) "Respondent" means a person charged in a complaint
49	49	filed under this chapter.
50	50	(10) "Sexual orientation" means an individual's actual
51	51	or perceived heterosexuality, bisexuality, or homosexuality.
52	52	Sec. 101A.002. RULES. The commission may adopt rules
53	53	necessary to implement this chapter.
54	54	SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
55	55	Sec. 101A.051. PUBLIC ACCOMMODATIONS. (a) A person
56	56	engages in a discriminatory practice and violates this chapter if
57	57	the person, because of the race, color, disability, religion, sex,
58	58	national origin, age, sexual orientation, or gender identity of an
59	59	individual, or because of the individual's status as a military
60	60	veteran:
61	61	(1) refuses, withholds, or denies that individual full
62	62	and equal accommodation in any place of public accommodation in
63	63	this state;
64	64	(2) publishes, circulates, issues, displays, posts,
65	65	or mails, either directly or indirectly, any communication, notice,
66	66	or advertisement to the effect that any good, service, privilege,
67	67	facility, or accommodation of a place of public accommodation in
68	68	this state will be refused, withheld, or denied; or
69	69	(3) otherwise discriminates against or segregates or
70	70	separates the individual in a place of public accommodation based
71	71	on race, color, disability, religion, sex, national origin, age,
72	72	sexual orientation, or gender identity or based on the individual's
73	73	status as a military veteran.
74	74	(b) This section does not apply to a private club, a place of
75	75	accommodation owned by or operated on behalf of a religious
76	76	corporation, association, or society that is not in fact open to the
77	77	public, or any other establishment that is not in fact open to the
78	78	public.
79	79	(c) This section does not prohibit the provision of a
80	80	special benefit, incentive, discount, or promotion through a
81	81	private or public program to assist persons who:
82	82	(1) are 50 years of age or older; or
83	83	(2) are military veterans or family members of
84	84	military veterans.
85	85	(d) This section does not supersede or interfere with any
86	86	state law or local ordinance that prohibits a person under the age
87	87	of 21 from entering a place of public accommodation.
88	88	SUBCHAPTER C. ADMINISTRATIVE ENFORCEMENT
89	89	Sec. 101A.101. FILING OF COMPLAINT; FORM AND CONTENT;
90	90	SERVICE. (a) A person claiming to be aggrieved by an alleged
91	91	discriminatory practice or the person's agent may file a complaint
92	92	with the commission.
93	93	(b) The complaint must be in writing and made under oath.
94	94	(c) The complaint must state:
95	95	(1) that a discriminatory practice has been committed;
96	96	(2) the facts on which the complaint is based,
97	97	including the date, place, and circumstances of the alleged
98	98	discriminatory practice; and
99	99	(3) facts sufficient to enable the commission to
100	100	identify the respondent.
101	101	(d) The executive director or the executive director's
102	102	designee shall serve the respondent with a copy of the perfected
103	103	complaint not later than the 10th day after the date the complaint
104	104	is filed.
105	105	(e) A complaint may be amended to cure technical defects or
106	106	omissions, including a failure to verify the complaint or to
107	107	clarify and amplify an allegation made in the complaint.
108	108	(f) An amendment to a complaint alleging additional facts
109	109	that constitute discriminatory practices relating to or arising
110	110	from the subject matter of the original complaint relates back to
111	111	the date the complaint was first received by the commission.
112	112	(g) If a perfected complaint is not received by the
113	113	commission within 180 days of the alleged discriminatory practice,
114	114	the commission shall notify the respondent that a complaint has
115	115	been filed and that the process of perfecting the complaint is in
116	116	progress.
117	117	Sec. 101A.102. STATUTE OF LIMITATIONS. (a) A complaint
118	118	under this subchapter must be filed not later than the 180th day
119	119	after the date the alleged discriminatory practice occurred.
120	120	(b) The commission shall dismiss an untimely complaint.
121	121	Sec. 101A.103. ALTERNATIVE DISPUTE RESOLUTION; OFFICE.
122	122	(a) The use of alternative means of dispute resolution, including
123	123	settlement negotiations, conciliation, facilitation, mediation,
124	124	fact-finding, minitrials, and arbitration, is encouraged to
125	125	resolve disputes arising under this chapter. The settlement of a
126	126	disputed claim under this chapter that results from the use of
127	127	traditional or alternative means of dispute resolution is binding
128	128	on the parties to the claim.
129	129	(b) The commission shall establish an office of alternative
130	130	dispute resolution. At any time after a complaint is received under
131	131	Section 101A.101, at the request of a party or at the direction of
132	132	the commission, the matter may be referred to the office of
133	133	alternative dispute resolution.
134	134	Sec. 101A.104. INVESTIGATION BY COMMISSION. (a) The
135	135	executive director or a staff member of the commission designated
136	136	by the executive director shall investigate a complaint and
137	137	determine if there is reasonable cause to believe that the
138	138	respondent engaged in a discriminatory practice as alleged in the
139	139	complaint.
140	140	(b) If the federal government has referred the complaint to
141	141	the commission or has deferred jurisdiction over the subject matter
142	142	of the complaint to the commission, the executive director or the
143	143	executive director's designee shall promptly investigate the
144	144	allegations stated in the complaint.
145	145	Sec. 101A.105. LACK OF REASONABLE CAUSE; DISMISSAL OF
146	146	COMPLAINT. (a) If after investigation the executive director or
147	147	the executive director's designee determines that reasonable cause
148	148	does not exist to believe that the respondent engaged in a
149	149	discriminatory practice as alleged in a complaint, the executive
150	150	director or the executive director's designee shall issue a written
151	151	determination, incorporating the finding that the evidence does not
152	152	support the complaint and dismissing the complaint.
153	153	(b) The executive director or the executive director's
154	154	designee shall serve a copy of the determination on the
155	155	complainant, the respondent, and other agencies as required by law.
156	156	Sec. 101A.106. DETERMINATION OF REASONABLE CAUSE; REVIEW BY
157	157	COMMISSION. (a) If after investigation the executive director or
158	158	the executive director's designee determines that there is
159	159	reasonable cause to believe that the respondent engaged in a
160	160	discriminatory practice as alleged in a complaint, the executive
161	161	director or the executive director's designee shall review with the
162	162	commission members the evidence in the record.
163	163	(b) If after the review at least two of the three commission
164	164	members determine that there is reasonable cause to believe that
165	165	the respondent engaged in a discriminatory practice, the executive
166	166	director shall:
167	167	(1) issue a written determination incorporating the
168	168	executive director's finding that the evidence supports the
169	169	complaint; and
170	170	(2) serve a copy of the determination on the
171	171	complainant, the respondent, and other agencies as required by law.
172	172	Sec. 101A.107. RESOLUTION BY INFORMAL METHODS. (a) If a
173	173	determination of reasonable cause is made under Section 101A.106,
174	174	the commission shall endeavor to eliminate the alleged
175	175	discriminatory practice by informal methods of conference,
176	176	conciliation, and persuasion.
177	177	(b) Without the written consent of the complainant and
178	178	respondent, the commission, its executive director, or its other
179	179	officers or employees may not disclose to the public information
180	180	about the efforts in a particular case to resolve an alleged
181	181	discriminatory practice by conference, conciliation, or
182	182	persuasion, regardless of whether there is a determination of
183	183	reasonable cause.
184	184	Sec. 101A.108. NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT.
185	185	If the commission dismisses a complaint filed under Section
186	186	101A.101 or does not resolve the complaint before the 181st day
187	187	after the date the complaint was filed, the commission shall inform
188	188	the complainant of the dismissal or failure to resolve the
189	189	complaint in writing by certified mail.
190	190	Sec. 101A.109. TEMPORARY INJUNCTIVE RELIEF. (a) If the
191	191	commission concludes from a preliminary investigation of a
192	192	discriminatory practice alleged in a complaint that prompt judicial
193	193	action is necessary to carry out the purpose of this chapter, the
194	194	commission shall file a petition seeking appropriate temporary
195	195	relief against the respondent pending final determination of a
196	196	proceeding under this chapter.
197	197	(b) The petition shall be filed in a district court in a
198	198	county in which:
199	199	(1) the alleged discriminatory practice that is the
200	200	subject of the complaint occurred; or
201	201	(2) the respondent resides.
202	202	(c) A court may not issue temporary injunctive relief unless
203	203	the commission shows:
204	204	(1) a substantial likelihood of success on the merits;
205	205	and
206	206	(2) irreparable harm to the complainant in the absence
207	207	of the preliminary relief pending final determination on the
208	208	merits.
209	209	Sec. 101A.110. ELECTION OF REMEDIES. A person who has
210	210	initiated a court action or who has an action pending before an
211	211	administrative agency under other law or an order or ordinance of a
212	212	political subdivision of this state based on an act that would be a
213	213	discriminatory practice under this chapter may not file a complaint
214	214	under this subchapter for the same grievance.
215	215	SUBCHAPTER D. JUDICIAL ENFORCEMENT
216	216	Sec. 101A.151. CIVIL ACTION BY COMMISSION. (a) The
217	217	commission may bring a civil action against a respondent if:
218	218	(1) the commission determines that there is reasonable
219	219	cause to believe that the respondent engaged in a discriminatory
220	220	practice;
221	221	(2) the commission's efforts to resolve the alleged
222	222	discriminatory practice to the satisfaction of the complainant and
223	223	respondent through conciliation have been unsuccessful; and
224	224	(3) a majority of the commissioners determines that
225	225	the civil action may achieve the purposes of this chapter.
226	226	(b) The complainant may intervene in a civil action brought
227	227	by the commission.
228	228	Sec. 101A.152. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL
229	229	ACTION. (a) A complainant who receives notice under Section
230	230	101A.108 that the complaint is dismissed or not resolved is
231	231	entitled to request from the commission a written notice of the
232	232	complainant's right to file a civil action.
233	233	(b) The complainant must request the notice in writing.
234	234	(c) The executive director may issue the notice.
235	235	(d) Failure to issue the notice of a complainant's right to
236	236	file a civil action does not affect the complainant's right under
237	237	this subchapter to bring a civil action against the respondent.
238	238	Sec. 101A.153. CIVIL ACTION BY COMPLAINANT. Not later than
239	239	the 60th day after the date a notice of the right to file a civil
240	240	action is received, the complainant may bring a civil action
241	241	against the respondent.
242	242	Sec. 101A.154. COMMISSION'S INTERVENTION IN CIVIL ACTION BY
243	243	COMPLAINANT. After receipt of a timely application, a court may
244	244	permit the commission to intervene in a civil action filed under
245	245	Section 101A.153 if:
246	246	(1) the commission certifies that the case is of
247	247	general public importance; and
248	248	(2) before commencement of the action the commission
249	249	issued a determination of reasonable cause to believe that this
250	250	chapter was violated.
251	251	Sec. 101A.155. STATUTE OF LIMITATIONS. A civil action may
252	252	not be brought under this subchapter later than the second
253	253	anniversary of the date the complaint relating to the action is
254	254	filed.
255	255	Sec. 101A.156. ASSIGNMENT TO EARLY HEARING. The court
256	256	shall set an action brought under this subchapter for hearing at the
257	257	earliest practicable date to expedite the action.
258	258	Sec. 101A.157. INJUNCTION; EQUITABLE RELIEF. On finding
259	259	that a respondent engaged in a discriminatory practice as alleged
260	260	in a complaint, a court may:
261	261	(1) prohibit by injunction the respondent from
262	262	engaging in the discriminatory practice; and
263	263	(2) order additional equitable relief as may be
264	264	appropriate.
265	265	Sec. 101A.158. COMPENSATORY AND PUNITIVE DAMAGES. (a) On
266	266	finding that a respondent engaged in a discriminatory practice as
267	267	alleged in a complaint, a court may, as provided by this section,
268	268	award:
269	269	(1) compensatory damages; and
270	270	(2) punitive damages.
271	271	(b) A complainant may recover punitive damages against a
272	272	respondent, other than a respondent that is a governmental entity,
273	273	if the complainant demonstrates that the respondent engaged in a
274	274	discriminatory practice with malice or with reckless indifference
275	275	to the state-protected rights of an aggrieved individual.
276	276	Sec. 101A.159. ATTORNEY'S FEES; COSTS. (a) In a
277	277	proceeding under this chapter, a court may allow the prevailing
278	278	party, other than the commission, a reasonable attorney's fee as
279	279	part of the costs.
280	280	(b) The state, a state agency, or a political subdivision is
281	281	liable for costs, including attorney's fees, to the same extent as a
282	282	private person.
283	283	(c) In awarding costs and attorney's fees in an action or a
284	284	proceeding under this chapter, the court, in its discretion, may
285	285	include reasonable expert fees.
286	286	Sec. 101A.160. COMPELLED COMPLIANCE. If a person fails to
287	287	comply with a court order issued under this subchapter, a party to
288	288	the action or the commission, on the written request of a person
289	289	aggrieved by the failure, may commence proceedings to compel
290	290	compliance with the order.
291	291	Sec. 101A.161. TRIAL DE NOVO. (a) A judicial proceeding
292	292	under this chapter is by trial de novo.
293	293	(b) A commission finding, recommendation, determination, or
294	294	other action is not binding on a court.
295	295	SUBCHAPTER E. ENFORCEMENT BY ATTORNEY GENERAL
296	296	Sec. 101A.201. ENFORCEMENT BY ATTORNEY GENERAL; PATTERN OR
297	297	PRACTICE CASE. (a) If the commission determines that a person is
298	298	engaged in a pattern or practice of discriminatory practices under
299	299	this chapter or that an alleged violation raises an issue of general
300	300	public importance, the commission may request the attorney general
301	301	to file a civil action in district court for appropriate relief.
302	302	(b) In an action under this section, the court may:
303	303	(1) award equitable relief and other appropriate
304	304	relief, including monetary damages, a reasonable attorney's fee,
305	305	and court costs, available under Subchapter D for an action under
306	306	that subchapter; and
307	307	(2) to vindicate the public interest, assess a civil
308	308	penalty against the respondent in the amount not to exceed the
309	309	applicable amounts prescribed by Section 301.132, Property Code,
310	310	for a pattern or practice violation under the Texas Fair Housing
311	311	Act.
312	312	SECTION 2. Section 21.002, Labor Code, is amended by adding
313	313	Subdivisions (9-a), (11-b), and (13-a) to read as follows:
314	314	(9-a) "Gender identity" means the gender-related
315	315	identity, appearance, or other gender-related characteristics of
316	316	an individual with or without regard to the individual's designated
317	317	sex at birth.
318	318	(11-b) "Military veteran" means a person who:
319	319	(A) has served in:
320	320	(i) the armed forces of the United States or
321	321	the United States Public Health Service under 42 U.S.C. Section 201
322	322	et seq.;
323	323	(ii) the state military forces, as defined
324	324	by Section 431.001, Government Code; or
325	325	(iii) an auxiliary service of a branch of
326	326	the armed forces described by Subparagraph (i) or (ii); and
327	327	(B) has been honorably discharged from the branch
328	328	of the service in which the person served.
329	329	(13-a) "Sexual orientation" means an individual's
330	330	actual or perceived heterosexuality, bisexuality, or
331	331	homosexuality.
332	332	SECTION 3. Section 21.005, Labor Code, is amended by adding
333	333	Subsection (d) to read as follows:
334	334	(d) A provision in this chapter prohibiting discrimination
335	335	on the basis of an individual's status as a military veteran does
336	336	not affect the operation or enforcement of a program under the laws
337	337	of this state or the United States that is designed to give a
338	338	preference to a military veteran in recognition of the veteran's
339	339	service to this state or the United States, including a preference
340	340	authorized under Section 302.154 or under Chapter 657, Government
341	341	Code.
342	342	SECTION 4. Section 21.051, Labor Code, is amended to read as
343	343	follows:
344	344	Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
345	345	commits an unlawful employment practice if because of race, color,
346	346	disability, religion, sex, national origin, [or] age, sexual
347	347	orientation, or gender identity, or because of the individual's
348	348	status as a military veteran, the employer:
349	349	(1) fails or refuses to hire an individual, discharges
350	350	an individual, or discriminates in any other manner against an
351	351	individual in connection with compensation or the terms,
352	352	conditions, or privileges of employment; or
353	353	(2) limits, segregates, or classifies an employee or
354	354	applicant for employment in a manner that would deprive or tend to
355	355	deprive an individual of any employment opportunity or adversely
356	356	affect in any other manner the status of an employee.
357	357	SECTION 5. Section 21.052, Labor Code, is amended to read as
358	358	follows:
359	359	Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
360	360	employment agency commits an unlawful employment practice if the
361	361	employment agency:
362	362	(1) fails or refuses to refer for employment or
363	363	discriminates in any other manner against an individual because of
364	364	race, color, disability, religion, sex, national origin, [or] age,
365	365	sexual orientation, or gender identity, or because of the
366	366	individual's status as a military veteran; or
367	367	(2) classifies or refers an individual for employment
368	368	on the basis of race, color, disability, religion, sex, national
369	369	origin, [or] age, sexual orientation, or gender identity, or
370	370	because of the individual's status as a military veteran.
371	371	SECTION 6. Section 21.053, Labor Code, is amended to read as
372	372	follows:
373	373	Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
374	374	organization commits an unlawful employment practice if because of
375	375	race, color, disability, religion, sex, national origin, [or] age,
376	376	sexual orientation, or gender identity, or because of the
377	377	individual's status as a military veteran, the labor organization:
378	378	(1) excludes or expels from membership or
379	379	discriminates in any other manner against an individual; or
380	380	(2) limits, segregates, or classifies a member or an
381	381	applicant for membership or classifies or fails or refuses to refer
382	382	for employment an individual in a manner that would:
383	383	(A) deprive or tend to deprive an individual of
384	384	any employment opportunity;
385	385	(B) limit an employment opportunity or adversely
386	386	affect in any other manner the status of an employee or of an
387	387	applicant for employment; or
388	388	(C) cause or attempt to cause an employer to
389	389	violate this subchapter.
390	390	SECTION 7. Section 21.054, Labor Code, is amended to read as
391	391	follows:
392	392	Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING
393	393	PROGRAM. [(a)] Unless a training or retraining opportunity or
394	394	program is provided under an affirmative action plan approved under
395	395	a federal law, rule, or order, an employer, labor organization, or
396	396	joint labor-management committee controlling an apprenticeship,
397	397	on-the-job training, or other training or retraining program
398	398	commits an unlawful employment practice if the employer, labor
399	399	organization, or committee discriminates against an individual
400	400	because of race, color, disability, religion, sex, national origin,
401	401	[or] age, sexual orientation, or gender identity, or because of the
402	402	individual's status as a military veteran, in admission to or
403	403	participation in the program.
404	404	SECTION 8. Section 21.059(a), Labor Code, is amended to
405	405	read as follows:
406	406	(a) An employer, labor organization, employment agency, or
407	407	joint labor-management committee controlling an apprenticeship,
408	408	on-the-job training, or other training or retraining program
409	409	commits an unlawful employment practice if the employer, labor
410	410	organization, employment agency, or committee prints or publishes
411	411	or causes to be printed or published a notice or advertisement
412	412	relating to employment that:
413	413	(1) indicates a preference, limitation,
414	414	specification, or discrimination based on race, color, disability,
415	415	religion, sex, national origin, [or] age, sexual orientation, or
416	416	gender identity, or based on an individual's status as a military
417	417	veteran; and
418	418	(2) concerns an employee's status, employment, or
419	419	admission to or membership or participation in a labor union or
420	420	training or retraining program.
421	421	SECTION 9. Section 21.102(c), Labor Code, is amended to
422	422	read as follows:
423	423	(c) This section does not apply to standards of compensation
424	424	or terms, conditions, or privileges of employment that are
425	425	discriminatory on the basis of race, color, disability, religion,
426	426	sex, national origin, [or] age, sexual orientation, or gender
427	427	identity, or on the basis of an individual's status as a military
428	428	veteran.
429	429	SECTION 10. Section 21.112, Labor Code, is amended to read
430	430	as follows:
431	431	Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
432	432	does not commit an unlawful employment practice by applying to
433	433	employees who work in different locations different standards of
434	434	compensation or different terms, conditions, or privileges of
435	435	employment that are not discriminatory on the basis of race, color,
436	436	disability, religion, sex, national origin, [or] age, sexual
437	437	orientation, or gender identity, or on the basis of an individual's
438	438	status as a military veteran.
439	439	SECTION 11. Section 21.113, Labor Code, is amended to read
440	440	as follows:
441	441	Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter
442	442	does not require a person subject to this chapter to grant
443	443	preferential treatment to an individual or a group on the basis of
444	444	race, color, disability, religion, sex, national origin, [or] age,
445	445	sexual orientation, or gender identity, or on the basis of an
446	446	individual's status as a military veteran, because of an imbalance
447	447	between:
448	448	(1) the total number or percentage of persons of that
449	449	individual's or group's race, color, disability, religion, sex,
450	450	national origin, [or] age, sexual orientation, or gender identity,
451	451	or the total number or percentage of individuals who are military
452	452	veterans:
453	453	(A) employed by an employer;
454	454	(B) referred or classified for employment by an
455	455	employment agency or labor organization;
456	456	(C) admitted to membership or classified by a
457	457	labor organization; or
458	458	(D) admitted to or employed in an apprenticeship,
459	459	on-the-job training, or other training or retraining program; and
460	460	(2) the total number or percentage of persons of that
461	461	race, color, disability, religion, sex, national origin, [or] age,
462	462	sexual orientation, or gender identity or the total number or
463	463	percentage of individuals who are military veterans in:
464	464	(A) a community, this state, a region, or other
465	465	area; or
466	466	(B) the available work force in a community, this
467	467	state, a region, or other area.
468	468	SECTION 12. Section 21.120(b), Labor Code, is amended to
469	469	read as follows:
470	470	(b) Subsection (a) does not apply to a policy adopted or
471	471	applied with the intent to discriminate because of race, color,
472	472	sex, national origin, religion, age, [or] disability, sexual
473	473	orientation, or gender identity, or because of an individual's
474	474	status as a military veteran.
475	475	SECTION 13. Section 21.122(a), Labor Code, is amended to
476	476	read as follows:
477	477	(a) An unlawful employment practice based on disparate
478	478	impact is established under this chapter only if:
479	479	(1) a complainant demonstrates that a respondent uses
480	480	a particular employment practice that causes a disparate impact on
481	481	the basis of race, color, sex, national origin, religion, [or]
482	482	disability, sexual orientation, or gender identity, or on the basis
483	483	of an individual's status as a military veteran, and the respondent
484	484	fails to demonstrate that the challenged practice is job-related
485	485	for the position in question and consistent with business
486	486	necessity; or
487	487	(2) the complainant makes the demonstration in
488	488	accordance with federal law as that law existed June 4, 1989, with
489	489	respect to the concept of alternative employment practices, and the
490	490	respondent refuses to adopt such an alternative employment
491	491	practice.
492	492	SECTION 14. Section 21.124, Labor Code, is amended to read
493	493	as follows:
494	494	Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
495	495	SCORES. (a) Except as provided by Subsection (b), it [It] is an
496	496	unlawful employment practice for a respondent, in connection with
497	497	the selection or referral of applicants for employment or
498	498	promotion, to adjust the scores of, use different cutoff scores
499	499	for, or otherwise alter the results of employment-related tests on
500	500	the basis of race, color, sex, national origin, religion, age, [or]
501	501	disability, sexual orientation, or gender identity, or on the basis
502	502	of an individual's status as a military veteran.
503	503	(b) Subsection (a) does not apply to an act described by
504	504	that subsection that is made in conjunction with a preference
505	505	program for military veterans authorized under a law of this state
506	506	or the United States.
507	507	SECTION 15. The heading to Section 21.125, Labor Code, is
508	508	amended to read as follows:
509	509	Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
510	510	CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
511	511	[OR] DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY OR STATUS
512	512	AS MILITARY VETERAN IN EMPLOYMENT PRACTICES.
513	513	SECTION 16. Section 21.125(a), Labor Code, is amended to
514	514	read as follows:
515	515	(a) Except as otherwise provided by this chapter, an
516	516	unlawful employment practice is established when the complainant
517	517	demonstrates that race, color, sex, national origin, religion, age,
518	518	[or] disability, sexual orientation, or gender identity, or status
519	519	as a military veteran, was a motivating factor for an employment
520	520	practice, even if other factors also motivated the practice, unless
521	521	race, color, sex, national origin, religion, age, [or] disability,
522	522	sexual orientation, or gender identity, or status as a military
523	523	veteran, is combined with objective job-related factors to attain
524	524	diversity in the employer's work force.
525	525	SECTION 17. Section 21.126, Labor Code, is amended to read
526	526	as follows:
527	527	Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
528	528	STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
529	529	employment practice for a person elected to public office in this
530	530	state or a political subdivision of this state to discriminate
531	531	because of race, color, sex, national origin, religion, age, [or]
532	532	disability, sexual orientation, or gender identity, or because of
533	533	the individual's status as a military veteran, against an
534	534	individual who is an employee or applicant for employment to:
535	535	(1) serve on the elected official's personal staff;
536	536	(2) serve the elected official on a policy-making
537	537	level; or
538	538	(3) serve the elected official as an immediate advisor
539	539	with respect to the exercise of the constitutional or legal powers
540	540	of the office.
541	541	SECTION 18. Section 21.152(a), Labor Code, is amended to
542	542	read as follows:
543	543	(a) A political subdivision or two or more political
544	544	subdivisions acting jointly may create a local commission to:
545	545	(1) promote the purposes of this chapter; and
546	546	(2) secure for all individuals in the jurisdiction of
547	547	each political subdivision freedom from discrimination because of
548	548	race, color, disability, religion, sex, national origin, [or] age,
549	549	sexual orientation, or gender identity, or because of an
550	550	individual's status as a military veteran.
551	551	SECTION 19. Section 21.155(a), Labor Code, is amended to
552	552	read as follows:
553	553	(a) The commission [Commission on Human Rights] shall refer
554	554	a complaint concerning discrimination in employment because of
555	555	race, color, disability, religion, sex, national origin, [or] age,
556	556	sexual orientation, or gender identity, or because of status as a
557	557	military veteran, that is filed with that commission to a local
558	558	commission with the necessary investigatory and conciliatory
559	559	powers if:
560	560	(1) the complaint has been referred to the commission
561	561	[Commission on Human Rights] by the federal government; or
562	562	(2) jurisdiction over the subject matter of the
563	563	complaint has been deferred to the commission [Commission on Human
564	564	Rights] by the federal government.
565	565	SECTION 20. Section 301.003, Property Code, is amended by
566	566	amending Subdivision (6) and adding Subdivisions (9-a), (9-b), and
567	567	(10-a) to read as follows:
568	568	(6) "Disability" means a mental or physical impairment
569	569	that substantially limits at least one major life activity, a
570	570	record of the impairment, or being regarded as having the
571	571	impairment. The term does not include current illegal use of or
572	572	addiction to any drug or illegal or federally controlled substance
573	573	[and does not apply to an individual because of an individual's
574	574	sexual orientation or because that individual is a transvestite].
575	575	(9-a) "Gender identity" means the gender-related
576	576	identity, appearance, or other gender-related characteristics of
577	577	an individual with or without regard to the individual's designated
578	578	sex at birth.
579	579	(9-b) "Military veteran" means a person who:
580	580	(A) has served in:
581	581	(i) the armed forces of the United States or
582	582	the United States Public Health Service under 42 U.S.C. Section 201
583	583	et seq.;
584	584	(ii) the state military forces, as defined
585	585	by Section 431.001, Government Code; or
586	586	(iii) an auxiliary service of a branch of
587	587	the armed forces described by Subparagraph (i) or (ii); and
588	588	(B) has been honorably discharged from the branch
589	589	of the service in which the person served.
590	590	(10-a) "Sexual orientation" means an individual's
591	591	actual or perceived heterosexuality, bisexuality, or
592	592	homosexuality.
593	593	SECTION 21. Sections 301.021(a) and (b), Property Code, are
594	594	amended to read as follows:
595	595	(a) A person may not refuse to sell or rent, after the making
596	596	of a bona fide offer, refuse to negotiate for the sale or rental of,
597	597	or in any other manner make unavailable or deny a dwelling to
598	598	another because of race, color, religion, sex, familial status,
599	599	[or] national origin, sexual orientation, or gender identity, or
600	600	because of status as a military veteran.
601	601	(b) A person may not discriminate against another in the
602	602	terms, conditions, or privileges of sale or rental of a dwelling or
603	603	in providing services or facilities in connection with a sale or
604	604	rental of a dwelling because of race, color, religion, sex,
605	605	familial status, [or] national origin, sexual orientation, or
606	606	gender identity, or because of status as a military veteran.
607	607	SECTION 22. Section 301.022, Property Code, is amended to
608	608	read as follows:
609	609	Sec. 301.022. PUBLICATION. A person may not make, print, or
610	610	publish or effect the making, printing, or publishing of a notice,
611	611	statement, or advertisement that is about the sale or rental of a
612	612	dwelling and that indicates any preference, limitation, or
613	613	discrimination or the intention to make a preference, limitation,
614	614	or discrimination because of race, color, religion, sex,
615	615	disability, familial status, [or] national origin, sexual
616	616	orientation, or gender identity, or because of status as a military
617	617	veteran.
618	618	SECTION 23. Section 301.023, Property Code, is amended to
619	619	read as follows:
620	620	Sec. 301.023. INSPECTION. A person may not represent to
621	621	another because of race, color, religion, sex, disability, familial
622	622	status, [or] national origin, sexual orientation, or gender
623	623	identity, or because of status as a military veteran, that a
624	624	dwelling is not available for inspection for sale or rental when the
625	625	dwelling is available for inspection.
626	626	SECTION 24. Section 301.024, Property Code, is amended to
627	627	read as follows:
628	628	Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
629	629	for profit, induce or attempt to induce another to sell or rent a
630	630	dwelling by representations regarding the entry or prospective
631	631	entry into a neighborhood of a person of a particular race, color,
632	632	religion, sex, disability, familial status, [or] national origin,
633	633	sexual orientation, or gender identity or with the status of a
634	634	military veteran.
635	635	SECTION 25. Section 301.026(a), Property Code, is amended
636	636	to read as follows:
637	637	(a) A person whose business includes engaging in
638	638	residential real estate related transactions may not discriminate
639	639	against another in making a real estate related transaction
640	640	available or in the terms or conditions of a real estate related
641	641	transaction because of race, color, religion, sex, disability,
642	642	familial status, [or] national origin, sexual orientation, or
643	643	gender identity, or because of status as a military veteran.
644	644	SECTION 26. Section 301.027, Property Code, is amended to
645	645	read as follows:
646	646	Sec. 301.027. BROKERAGE SERVICES. A person may not deny
647	647	another access to, or membership or participation in, a
648	648	multiple-listing service, real estate brokers' organization, or
649	649	other service, organization, or facility relating to the business
650	650	of selling or renting dwellings, or discriminate against a person
651	651	in the terms or conditions of access, membership, or participation
652	652	in such an organization, service, or facility because of race,
653	653	color, religion, sex, disability, familial status, [or] national
654	654	origin, sexual orientation, or gender identity, or because of
655	655	status as a military veteran.
656	656	SECTION 27. Sections 301.042(a) and (c), Property Code, are
657	657	amended to read as follows:
658	658	(a) This chapter does not prohibit a religious
659	659	organization, association, or society or a nonprofit institution or
660	660	organization operated, supervised, or controlled by or in
661	661	conjunction with a religious organization, association, or society
662	662	from:
663	663	(1) limiting the sale, rental, or occupancy of
664	664	dwellings that it owns or operates for other than a commercial
665	665	purpose to persons of the same religion; or
666	666	(2) giving preference to persons of the same religion,
667	667	unless membership in the religion is restricted because of race,
668	668	color, [or] national origin, sexual orientation, or gender
669	669	identity, or because of status as a military veteran.
670	670	(c) This chapter does not prohibit a person engaged in the
671	671	business of furnishing appraisals of real property from considering
672	672	in those appraisals factors other than race, color, religion, sex,
673	673	disability, familial status, [or] national origin, sexual
674	674	orientation, or gender identity, or status as a military veteran.
675	675	SECTION 28. Section 301.068, Property Code, is amended to
676	676	read as follows:
677	677	Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
678	678	Subsection (b), the [The] commission may defer proceedings under
679	679	this chapter and refer a complaint to a municipality that has been
680	680	certified by the federal Department of Housing and Urban
681	681	Development as a substantially equivalent fair housing agency.
682	682	(b) The commission may not defer proceedings and refer a
683	683	complaint under Subsection (a) to a municipality in which the
684	684	alleged discrimination occurred if:
685	685	(1) the complaint alleges discrimination based on
686	686	sexual orientation or gender identity or based on status as a
687	687	military veteran; and
688	688	(2) the municipality does not have laws prohibiting
689	689	the alleged discrimination.
690	690	SECTION 29. Section 301.171(a), Property Code, is amended
691	691	to read as follows:
692	692	(a) A person commits an offense if the person, without
693	693	regard to whether the person is acting under color of law, by force
694	694	or threat of force intentionally intimidates or interferes with a
695	695	person:
696	696	(1) because of the person's race, color, religion,
697	697	sex, disability, familial status, [or] national origin, sexual
698	698	orientation, or gender identity, or because of the person's status
699	699	as a military veteran and because the person is or has been selling,
700	700	purchasing, renting, financing, occupying, or contracting or
701	701	negotiating for the sale, purchase, rental, financing, or
702	702	occupation of any dwelling or applying for or participating in a
703	703	service, organization, or facility relating to the business of
704	704	selling or renting dwellings; or
705	705	(2) because the person is or has been or to intimidate
706	706	the person from:
707	707	(A) participating, without discrimination
708	708	because of race, color, religion, sex, disability, familial status,
709	709	[or] national origin, sexual orientation, or gender identity, or
710	710	because of status as a military veteran, in an activity, service,
711	711	organization, or facility described by Subdivision (1); [or]
712	712	(B) affording another person opportunity or
713	713	protection to so participate; or
714	714	(C) lawfully aiding or encouraging other persons
715	715	to participate, without discrimination because of race, color,
716	716	religion, sex, disability, familial status, [or] national origin,
717	717	sexual orientation, or gender identity, or because of status as a
718	718	military veteran, in an activity, service, organization, or
719	719	facility described by Subdivision (1).
720	720	SECTION 30. (a) The changes in law made by this Act to the
721	721	Business & Commerce Code and the Labor Code apply to conduct
722	722	occurring on or after the effective date of this Act. Conduct
723	723	occurring before that date is governed by the law in effect on the
724	724	date the conduct occurred, and the former law is continued in effect
725	725	for that purpose.
726	726	(b) The changes in law made by this Act to the Property Code
727	727	apply only to a complaint filed with the Texas Workforce Commission
728	728	on or after the effective date of this Act. A complaint filed
729	729	before that date is governed by the law as it existed immediately
730	730	before the effective date of this Act, and that law is continued in
731	731	effect for that purpose.
732	732	SECTION 31. This Act takes effect September 1, 2023.