1 | 1 | | 89R4143 KSD-F |
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2 | 2 | | By: Reynolds H.B. No. 1111 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the prohibition of certain discrimination based on |
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10 | 10 | | sexual orientation or gender identity or expression; providing an |
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11 | 11 | | administrative penalty. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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14 | 14 | | amended by adding Chapter 100B to read as follows: |
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15 | 15 | | CHAPTER 100B. LIABILITY ARISING FROM DISCRIMINATION |
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16 | 16 | | SUBCHAPTER A. GENERAL PROVISIONS |
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17 | 17 | | Sec. 100B.001. DEFINITIONS. In this chapter: |
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18 | 18 | | (1) "Aggrieved person" includes any person who: |
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19 | 19 | | (A) claims to have been injured by a |
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20 | 20 | | discriminatory practice; or |
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21 | 21 | | (B) believes that he or she will be injured by a |
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22 | 22 | | discriminatory practice that is about to occur. |
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23 | 23 | | (2) "Discriminatory practice" means an act prohibited |
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24 | 24 | | by this chapter. |
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25 | 25 | | (3) "Gender identity or expression" means having or |
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26 | 26 | | being perceived as having a gender-related identity, appearance, |
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27 | 27 | | expression, or behavior, regardless of whether that identity, |
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28 | 28 | | appearance, expression, or behavior is different from that commonly |
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29 | 29 | | associated with the individual's actual or perceived sex. |
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30 | 30 | | (4) "Public accommodation" means a business or other |
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31 | 31 | | entity that offers to the public food, shelter, recreation or |
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32 | 32 | | amusement, or any other good, service, privilege, facility, or |
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33 | 33 | | accommodation. |
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34 | 34 | | (5) "Religious organization" means: |
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35 | 35 | | (A) a religious corporation, association, or |
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36 | 36 | | society; or |
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37 | 37 | | (B) a school, institution of higher education, or |
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38 | 38 | | other educational institution, not otherwise a religious |
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39 | 39 | | organization, that: |
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40 | 40 | | (i) is wholly or substantially controlled, |
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41 | 41 | | managed, owned, or supported by a religious organization; or |
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42 | 42 | | (ii) has a curriculum directed toward the |
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43 | 43 | | propagation of a particular religion. |
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44 | 44 | | (6) "Sexual orientation" means the actual or perceived |
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45 | 45 | | status of an individual with respect to the individual's sexuality. |
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46 | 46 | | Sec. 100B.002. APPLICABILITY OF CHAPTER. (a) Except as |
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47 | 47 | | provided by Subsection (b), this chapter does not apply to a |
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48 | 48 | | religious organization. |
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49 | 49 | | (b) This chapter applies to activities conducted by a |
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50 | 50 | | religious organization for profit to the extent that those |
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51 | 51 | | activities are subject to federal taxation under Section 511(a), |
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52 | 52 | | Internal Revenue Code of 1986, as that section existed on September |
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53 | 53 | | 1, 2025. |
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54 | 54 | | SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED |
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55 | 55 | | Sec. 100B.051. PUBLIC ACCOMMODATIONS. (a) Except as |
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56 | 56 | | provided by Subsection (b), a person engages in a discriminatory |
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57 | 57 | | practice and violates this chapter if the person, because of the |
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58 | 58 | | sexual orientation or gender identity or expression of an |
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59 | 59 | | individual: |
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60 | 60 | | (1) denies that individual full and equal |
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61 | 61 | | accommodation in any place of public accommodation in this state, |
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62 | 62 | | subject only to the conditions and limitations established by law |
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63 | 63 | | and applicable to all persons; or |
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64 | 64 | | (2) otherwise discriminates against or segregates or |
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65 | 65 | | separates the individual based on sexual orientation or gender |
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66 | 66 | | identity or expression. |
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67 | 67 | | (b) A person does not engage in a discriminatory practice or |
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68 | 68 | | violate this chapter under Subsection (a) if segregation or |
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69 | 69 | | separation of an individual is necessary to provide a service that: |
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70 | 70 | | (1) provides acceptance, support, and understanding |
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71 | 71 | | to the individual; |
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72 | 72 | | (2) assists the individual with coping with the |
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73 | 73 | | individual's sexual orientation or gender identity or expression, |
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74 | 74 | | maintaining social support, and exploring and identifying the |
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75 | 75 | | individual's identity; or |
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76 | 76 | | (3) provides support to an individual undergoing a |
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77 | 77 | | gender transition. |
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78 | 78 | | (c) The services described by Subsection (b)(2) include a |
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79 | 79 | | sexual orientation-neutral intervention for preventing or |
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80 | 80 | | addressing unlawful conduct or unsafe sexual practices if the |
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81 | 81 | | intervention does not seek to change the individual's sexual |
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82 | 82 | | orientation or gender identity or expression. |
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83 | 83 | | SUBCHAPTER C. CAUSE OF ACTION |
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84 | 84 | | Sec. 100B.101. CIVIL ACTION. An aggrieved person may file a |
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85 | 85 | | civil action in district court not later than the second |
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86 | 86 | | anniversary of the occurrence of the termination of an alleged |
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87 | 87 | | discriminatory practice under this chapter to obtain appropriate |
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88 | 88 | | relief with respect to the discriminatory practice. |
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89 | 89 | | Sec. 100B.102. RELIEF GRANTED. In an action under this |
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90 | 90 | | subchapter, if the court finds that a discriminatory practice has |
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91 | 91 | | occurred or is about to occur, the court may award to the plaintiff: |
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92 | 92 | | (1) actual and punitive damages; |
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93 | 93 | | (2) reasonable attorney's fees; |
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94 | 94 | | (3) court costs; and |
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95 | 95 | | (4) any permanent or temporary injunction, temporary |
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96 | 96 | | restraining order, or other order, including an order enjoining the |
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97 | 97 | | defendant from engaging in the practice or ordering other |
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98 | 98 | | appropriate action. |
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99 | 99 | | SECTION 2. Subchapter A, Chapter 2155, Government Code, is |
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100 | 100 | | amended by adding Section 2155.0065 to read as follows: |
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101 | 101 | | Sec. 2155.0065. PROHIBITION AGAINST DISCRIMINATION BY |
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102 | 102 | | STATE CONTRACTOR BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY OR |
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103 | 103 | | EXPRESSION. (a) In this section: |
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104 | 104 | | (1) "Employee" means an individual who is employed by |
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105 | 105 | | a contractor or subcontractor for compensation. |
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106 | 106 | | (2) "Gender identity or expression" means having or |
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107 | 107 | | being perceived as having a gender-related identity, appearance, |
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108 | 108 | | expression, or behavior, regardless of whether that identity, |
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109 | 109 | | appearance, expression, or behavior is different from that commonly |
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110 | 110 | | associated with the individual's actual or perceived sex. |
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111 | 111 | | (3) "Sexual orientation" means the actual or perceived |
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112 | 112 | | status of an individual with respect to the individual's sexuality. |
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113 | 113 | | (b) A state agency contracting with a contractor under this |
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114 | 114 | | subtitle shall require the contractor to adopt and apply an |
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115 | 115 | | employment policy under which the contractor and any subcontractor |
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116 | 116 | | may not, because of sexual orientation or gender identity or |
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117 | 117 | | expression: |
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118 | 118 | | (1) fail or refuse to hire an individual, discharge an |
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119 | 119 | | individual, or discriminate in any other manner against an |
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120 | 120 | | individual in connection with compensation or the terms, |
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121 | 121 | | conditions, or privileges of employment; or |
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122 | 122 | | (2) limit, segregate, or classify an employee or |
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123 | 123 | | applicant for employment in a manner that would deprive or tend to |
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124 | 124 | | deprive an individual of any employment opportunity or adversely |
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125 | 125 | | affect in any other manner the status of an employee. |
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126 | 126 | | (c) Each contract entered into between a state agency and a |
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127 | 127 | | contractor under this subtitle must include terms that: |
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128 | 128 | | (1) authorize an employee of a contractor or |
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129 | 129 | | subcontractor, or an applicant for employment with the contractor |
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130 | 130 | | or subcontractor, to make a verbal or written complaint to the state |
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131 | 131 | | agency regarding the contractor's or subcontractor's noncompliance |
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132 | 132 | | with an employment policy required by Subsection (b); |
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133 | 133 | | (2) explain that, on confirmation of a contractor's or |
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134 | 134 | | subcontractor's noncompliance with an employment policy required |
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135 | 135 | | by Subsection (b) that is the subject of a complaint, the state |
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136 | 136 | | agency shall provide to the contractor written notice of the |
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137 | 137 | | noncompliance by hand delivery or certified mail; |
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138 | 138 | | (3) inform a contractor that the state agency may |
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139 | 139 | | impose an administrative penalty if the contractor fails to comply |
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140 | 140 | | with an employment policy required by Subsection (b) after the date |
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141 | 141 | | on which the contractor receives notice under Subdivision (2); and |
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142 | 142 | | (4) explain that an amount equal to the amount of the |
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143 | 143 | | administrative penalty may be withheld from a payment otherwise |
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144 | 144 | | owed to a contractor under a contract. |
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145 | 145 | | (d) The amount of an administrative penalty imposed under |
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146 | 146 | | Subsection (c)(3) is $100 per day for each employee or applicant for |
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147 | 147 | | employment who is discriminated against in violation of an |
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148 | 148 | | employment policy required by Subsection (b). |
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149 | 149 | | (e) Each state agency shall develop procedures for the |
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150 | 150 | | administration of this section. |
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151 | 151 | | SECTION 3. Section 21.002, Labor Code, is amended by adding |
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152 | 152 | | Subdivisions (9-a) and (13-a) to read as follows: |
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153 | 153 | | (9-a) "Gender identity or expression" means having or |
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154 | 154 | | being perceived as having a gender-related identity, appearance, |
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155 | 155 | | expression, or behavior, regardless of whether that identity, |
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156 | 156 | | appearance, expression, or behavior is different from that commonly |
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157 | 157 | | associated with the individual's actual or perceived sex. |
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158 | 158 | | (13-a) "Sexual orientation" means the actual or |
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159 | 159 | | perceived status of an individual with respect to the individual's |
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160 | 160 | | sexuality. |
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161 | 161 | | SECTION 4. Section 21.051, Labor Code, is amended to read as |
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162 | 162 | | follows: |
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163 | 163 | | Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer |
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164 | 164 | | commits an unlawful employment practice if because of race, color, |
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165 | 165 | | disability, religion, sex, national origin, [or] age, sexual |
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166 | 166 | | orientation, or gender identity or expression the employer: |
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167 | 167 | | (1) fails or refuses to hire an individual, discharges |
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168 | 168 | | an individual, or discriminates in any other manner against an |
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169 | 169 | | individual in connection with compensation or the terms, |
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170 | 170 | | conditions, or privileges of employment; or |
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171 | 171 | | (2) limits, segregates, or classifies an employee or |
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172 | 172 | | applicant for employment in a manner that would deprive or tend to |
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173 | 173 | | deprive an individual of any employment opportunity or adversely |
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174 | 174 | | affect in any other manner the status of an employee. |
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175 | 175 | | SECTION 5. Section 21.052, Labor Code, is amended to read as |
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176 | 176 | | follows: |
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177 | 177 | | Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An |
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178 | 178 | | employment agency commits an unlawful employment practice if the |
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179 | 179 | | employment agency: |
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180 | 180 | | (1) fails or refuses to refer for employment or |
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181 | 181 | | discriminates in any other manner against an individual because of |
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182 | 182 | | race, color, disability, religion, sex, national origin, [or] age, |
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183 | 183 | | sexual orientation, or gender identity or expression; or |
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184 | 184 | | (2) classifies or refers an individual for employment |
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185 | 185 | | on the basis of race, color, disability, religion, sex, national |
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186 | 186 | | origin, [or] age, sexual orientation, or gender identity or |
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187 | 187 | | expression. |
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188 | 188 | | SECTION 6. Section 21.053, Labor Code, is amended to read as |
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189 | 189 | | follows: |
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190 | 190 | | Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor |
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191 | 191 | | organization commits an unlawful employment practice if because of |
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192 | 192 | | race, color, disability, religion, sex, national origin, [or] age, |
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193 | 193 | | sexual orientation, or gender identity or expression the labor |
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194 | 194 | | organization: |
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195 | 195 | | (1) excludes or expels from membership or |
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196 | 196 | | discriminates in any other manner against an individual; or |
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197 | 197 | | (2) limits, segregates, or classifies a member or an |
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198 | 198 | | applicant for membership or classifies or fails or refuses to refer |
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199 | 199 | | for employment an individual in a manner that would: |
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200 | 200 | | (A) deprive or tend to deprive an individual of |
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201 | 201 | | any employment opportunity; |
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202 | 202 | | (B) limit an employment opportunity or adversely |
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203 | 203 | | affect in any other manner the status of an employee or of an |
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204 | 204 | | applicant for employment; or |
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205 | 205 | | (C) cause or attempt to cause an employer to |
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206 | 206 | | violate this subchapter. |
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207 | 207 | | SECTION 7. Section 21.054, Labor Code, is amended to read as |
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208 | 208 | | follows: |
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209 | 209 | | Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING |
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210 | 210 | | PROGRAM. [(a)] Unless a training or retraining opportunity or |
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211 | 211 | | program is provided under an affirmative action plan approved under |
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212 | 212 | | a federal law, rule, or order, an employer, labor organization, or |
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213 | 213 | | joint labor-management committee controlling an apprenticeship, |
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214 | 214 | | on-the-job training, or other training or retraining program |
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215 | 215 | | commits an unlawful employment practice if the employer, labor |
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216 | 216 | | organization, or committee discriminates against an individual |
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217 | 217 | | because of race, color, disability, religion, sex, national origin, |
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218 | 218 | | [or] age, sexual orientation, or gender identity or expression in |
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219 | 219 | | admission to or participation in the program. |
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220 | 220 | | SECTION 8. Section 21.059(a), Labor Code, is amended to |
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221 | 221 | | read as follows: |
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222 | 222 | | (a) An employer, labor organization, employment agency, or |
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223 | 223 | | joint labor-management committee controlling an apprenticeship, |
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224 | 224 | | on-the-job training, or other training or retraining program |
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225 | 225 | | commits an unlawful employment practice if the employer, labor |
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226 | 226 | | organization, employment agency, or committee prints or publishes |
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227 | 227 | | or causes to be printed or published a notice or advertisement |
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228 | 228 | | relating to employment that: |
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229 | 229 | | (1) indicates a preference, limitation, |
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230 | 230 | | specification, or discrimination based on race, color, disability, |
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231 | 231 | | religion, sex, national origin, [or] age, sexual orientation, or |
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232 | 232 | | gender identity or expression; and |
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233 | 233 | | (2) concerns an employee's status, employment, or |
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234 | 234 | | admission to or membership or participation in a labor union or |
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235 | 235 | | training or retraining program. |
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236 | 236 | | SECTION 9. Section 21.102(c), Labor Code, is amended to |
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237 | 237 | | read as follows: |
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238 | 238 | | (c) This section does not apply to standards of compensation |
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239 | 239 | | or terms, conditions, or privileges of employment that are |
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240 | 240 | | discriminatory on the basis of race, color, disability, religion, |
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241 | 241 | | sex, national origin, [or] age, sexual orientation, or gender |
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242 | 242 | | identity or expression. |
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243 | 243 | | SECTION 10. Section 21.112, Labor Code, is amended to read |
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244 | 244 | | as follows: |
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245 | 245 | | Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer |
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246 | 246 | | does not commit an unlawful employment practice by applying to |
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247 | 247 | | employees who work in different locations different standards of |
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248 | 248 | | compensation or different terms, conditions, or privileges of |
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249 | 249 | | employment that are not discriminatory on the basis of race, color, |
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250 | 250 | | disability, religion, sex, national origin, [or] age, sexual |
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251 | 251 | | orientation, or gender identity or expression. |
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252 | 252 | | SECTION 11. Section 21.113, Labor Code, is amended to read |
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253 | 253 | | as follows: |
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254 | 254 | | Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter |
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255 | 255 | | does not require a person subject to this chapter to grant |
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256 | 256 | | preferential treatment to an individual or a group on the basis of |
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257 | 257 | | race, color, disability, religion, sex, national origin, [or] age, |
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258 | 258 | | sexual orientation, or gender identity or expression because of an |
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259 | 259 | | imbalance between: |
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260 | 260 | | (1) the total number or percentage of persons of that |
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261 | 261 | | individual's or group's race, color, disability, religion, sex, |
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262 | 262 | | national origin, [or] age, sexual orientation, or gender identity |
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263 | 263 | | or expression: |
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264 | 264 | | (A) employed by an employer; |
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265 | 265 | | (B) referred or classified for employment by an |
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266 | 266 | | employment agency or labor organization; |
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267 | 267 | | (C) admitted to membership or classified by a |
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268 | 268 | | labor organization; or |
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269 | 269 | | (D) admitted to or employed in an apprenticeship, |
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270 | 270 | | on-the-job training, or other training or retraining program; and |
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271 | 271 | | (2) the total number or percentage of persons of that |
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272 | 272 | | race, color, disability, religion, sex, national origin, [or] age, |
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273 | 273 | | sexual orientation, or gender identity or expression in: |
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274 | 274 | | (A) a community, this state, a region, or other |
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275 | 275 | | area; or |
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276 | 276 | | (B) the available work force in a community, this |
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277 | 277 | | state, a region, or other area. |
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278 | 278 | | SECTION 12. Section 21.120(b), Labor Code, is amended to |
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279 | 279 | | read as follows: |
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280 | 280 | | (b) Subsection (a) does not apply to a policy adopted or |
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281 | 281 | | applied with the intent to discriminate because of race, color, |
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282 | 282 | | sex, national origin, religion, age, [or] disability, sexual |
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283 | 283 | | orientation, or gender identity or expression. |
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284 | 284 | | SECTION 13. Section 21.122(a), Labor Code, is amended to |
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285 | 285 | | read as follows: |
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286 | 286 | | (a) An unlawful employment practice based on disparate |
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287 | 287 | | impact is established under this chapter only if: |
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288 | 288 | | (1) a complainant demonstrates that a respondent uses |
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289 | 289 | | a particular employment practice that causes a disparate impact on |
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290 | 290 | | the basis of race, color, sex, national origin, religion, [or] |
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291 | 291 | | disability, sexual orientation, or gender identity or expression |
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292 | 292 | | and the respondent fails to demonstrate that the challenged |
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293 | 293 | | practice is job-related for the position in question and consistent |
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294 | 294 | | with business necessity; or |
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295 | 295 | | (2) the complainant makes the demonstration in |
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296 | 296 | | accordance with federal law as that law existed June 4, 1989, with |
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297 | 297 | | respect to the concept of alternative employment practices, and the |
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298 | 298 | | respondent refuses to adopt such an alternative employment |
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299 | 299 | | practice. |
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300 | 300 | | SECTION 14. Section 21.124, Labor Code, is amended to read |
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301 | 301 | | as follows: |
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302 | 302 | | Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST |
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303 | 303 | | SCORES. It is an unlawful employment practice for a respondent, in |
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304 | 304 | | connection with the selection or referral of applicants for |
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305 | 305 | | employment or promotion, to adjust the scores of, use different |
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306 | 306 | | cutoff scores for, or otherwise alter the results of |
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307 | 307 | | employment-related tests on the basis of race, color, sex, national |
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308 | 308 | | origin, religion, age, [or] disability, sexual orientation, or |
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309 | 309 | | gender identity or expression. |
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310 | 310 | | SECTION 15. The heading to Section 21.125, Labor Code, is |
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311 | 311 | | amended to read as follows: |
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312 | 312 | | Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE |
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313 | 313 | | CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE, |
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314 | 314 | | [OR] DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY OR |
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315 | 315 | | EXPRESSION IN EMPLOYMENT PRACTICES. |
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316 | 316 | | SECTION 16. Section 21.125(a), Labor Code, is amended to |
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317 | 317 | | read as follows: |
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318 | 318 | | (a) Except as otherwise provided by this chapter, an |
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319 | 319 | | unlawful employment practice is established when the complainant |
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320 | 320 | | demonstrates that race, color, sex, national origin, religion, age, |
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321 | 321 | | [or] disability, sexual orientation, or gender identity or |
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322 | 322 | | expression was a motivating factor for an employment practice, even |
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323 | 323 | | if other factors also motivated the practice, unless race, color, |
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324 | 324 | | sex, national origin, religion, age, [or] disability, sexual |
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325 | 325 | | orientation, or gender identity or expression is combined with |
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326 | 326 | | objective job-related factors to attain diversity in the employer's |
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327 | 327 | | work force. |
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328 | 328 | | SECTION 17. Section 21.126, Labor Code, is amended to read |
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329 | 329 | | as follows: |
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330 | 330 | | Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE |
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331 | 331 | | STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful |
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332 | 332 | | employment practice for a person elected to public office in this |
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333 | 333 | | state or a political subdivision of this state to discriminate |
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334 | 334 | | because of race, color, sex, national origin, religion, age, [or] |
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335 | 335 | | disability, sexual orientation, or gender identity or expression |
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336 | 336 | | against an individual who is an employee or applicant for |
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337 | 337 | | employment to: |
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338 | 338 | | (1) serve on the elected official's personal staff; |
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339 | 339 | | (2) serve the elected official on a policy-making |
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340 | 340 | | level; or |
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341 | 341 | | (3) serve the elected official as an immediate advisor |
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342 | 342 | | with respect to the exercise of the constitutional or legal powers |
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343 | 343 | | of the office. |
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344 | 344 | | SECTION 18. Section 21.152(a), Labor Code, is amended to |
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345 | 345 | | read as follows: |
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346 | 346 | | (a) A political subdivision or two or more political |
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347 | 347 | | subdivisions acting jointly may create a local commission to: |
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348 | 348 | | (1) promote the purposes of this chapter; and |
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349 | 349 | | (2) secure for all individuals in the jurisdiction of |
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350 | 350 | | each political subdivision freedom from discrimination because of |
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351 | 351 | | race, color, disability, religion, sex, national origin, [or] age, |
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352 | 352 | | sexual orientation, or gender identity or expression. |
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353 | 353 | | SECTION 19. Section 21.155(a), Labor Code, is amended to |
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354 | 354 | | read as follows: |
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355 | 355 | | (a) The commission [Commission on Human Rights] shall refer |
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356 | 356 | | a complaint concerning discrimination in employment because of |
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357 | 357 | | race, color, disability, religion, sex, national origin, [or] age, |
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358 | 358 | | sexual orientation, or gender identity or expression that is filed |
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359 | 359 | | with that commission to a local commission with the necessary |
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360 | 360 | | investigatory and conciliatory powers if: |
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361 | 361 | | (1) the complaint has been referred to the commission |
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362 | 362 | | [Commission on Human Rights] by the federal government; or |
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363 | 363 | | (2) jurisdiction over the subject matter of the |
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364 | 364 | | complaint has been deferred to the commission [Commission on Human |
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365 | 365 | | Rights] by the federal government. |
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366 | 366 | | SECTION 20. Section 301.003, Property Code, is amended by |
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367 | 367 | | amending Subdivision (6) and adding Subdivisions (9-a) and (10-a) |
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368 | 368 | | to read as follows: |
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369 | 369 | | (6) "Disability" means a mental or physical impairment |
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370 | 370 | | that substantially limits at least one major life activity, a |
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371 | 371 | | record of the impairment, or being regarded as having the |
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372 | 372 | | impairment. The term does not include current illegal use of or |
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373 | 373 | | addiction to any drug or illegal or federally controlled substance |
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374 | 374 | | [and does not apply to an individual because of an individual's |
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375 | 375 | | sexual orientation or because that individual is a transvestite]. |
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376 | 376 | | (9-a) "Gender identity or expression" means having or |
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377 | 377 | | being perceived as having a gender-related identity, appearance, |
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378 | 378 | | expression, or behavior, regardless of whether that identity, |
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379 | 379 | | appearance, expression, or behavior is different from that commonly |
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380 | 380 | | associated with the individual's actual or perceived sex. |
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381 | 381 | | (10-a) "Sexual orientation" means the actual or |
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382 | 382 | | perceived status of an individual with respect to the individual's |
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383 | 383 | | sexuality. |
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384 | 384 | | SECTION 21. Sections 301.021(a) and (b), Property Code, are |
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385 | 385 | | amended to read as follows: |
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386 | 386 | | (a) A person may not refuse to sell or rent, after the making |
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387 | 387 | | of a bona fide offer, refuse to negotiate for the sale or rental of, |
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388 | 388 | | or in any other manner make unavailable or deny a dwelling to |
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389 | 389 | | another because of race, color, religion, sex, familial status, |
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390 | 390 | | [or] national origin, sexual orientation, or gender identity or |
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391 | 391 | | expression. |
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392 | 392 | | (b) A person may not discriminate against another in the |
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393 | 393 | | terms, conditions, or privileges of sale or rental of a dwelling or |
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394 | 394 | | in providing services or facilities in connection with a sale or |
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395 | 395 | | rental of a dwelling because of race, color, religion, sex, |
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396 | 396 | | familial status, [or] national origin, sexual orientation, or |
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397 | 397 | | gender identity or expression. |
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398 | 398 | | SECTION 22. Section 301.022, Property Code, is amended to |
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399 | 399 | | read as follows: |
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400 | 400 | | Sec. 301.022. PUBLICATION. A person may not make, print, or |
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401 | 401 | | publish or effect the making, printing, or publishing of a notice, |
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402 | 402 | | statement, or advertisement that is about the sale or rental of a |
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403 | 403 | | dwelling and that indicates any preference, limitation, or |
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404 | 404 | | discrimination or the intention to make a preference, limitation, |
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405 | 405 | | or discrimination because of race, color, religion, sex, |
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406 | 406 | | disability, familial status, [or] national origin, sexual |
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407 | 407 | | orientation, or gender identity or expression. |
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408 | 408 | | SECTION 23. Section 301.023, Property Code, is amended to |
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409 | 409 | | read as follows: |
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410 | 410 | | Sec. 301.023. INSPECTION. A person may not represent to |
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411 | 411 | | another because of race, color, religion, sex, disability, familial |
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412 | 412 | | status, [or] national origin, sexual orientation, or gender |
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413 | 413 | | identity or expression that a dwelling is not available for |
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414 | 414 | | inspection for sale or rental when the dwelling is available for |
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415 | 415 | | inspection. |
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416 | 416 | | SECTION 24. Section 301.024, Property Code, is amended to |
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417 | 417 | | read as follows: |
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418 | 418 | | Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not, |
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419 | 419 | | for profit, induce or attempt to induce another to sell or rent a |
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420 | 420 | | dwelling by representations regarding the entry or prospective |
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421 | 421 | | entry into a neighborhood of a person of a particular race, color, |
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422 | 422 | | religion, sex, disability, familial status, [or] national origin, |
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423 | 423 | | sexual orientation, or gender identity or expression. |
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424 | 424 | | SECTION 25. Section 301.026(a), Property Code, is amended |
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425 | 425 | | to read as follows: |
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426 | 426 | | (a) A person whose business includes engaging in |
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427 | 427 | | residential real estate related transactions may not discriminate |
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428 | 428 | | against another in making a real estate related transaction |
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429 | 429 | | available or in the terms or conditions of a real estate related |
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430 | 430 | | transaction because of race, color, religion, sex, disability, |
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431 | 431 | | familial status, [or] national origin, sexual orientation, or |
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432 | 432 | | gender identity or expression. |
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433 | 433 | | SECTION 26. Section 301.027, Property Code, is amended to |
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434 | 434 | | read as follows: |
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435 | 435 | | Sec. 301.027. BROKERAGE SERVICES. A person may not deny |
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436 | 436 | | another access to, or membership or participation in, a |
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437 | 437 | | multiple-listing service, real estate brokers' organization, or |
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438 | 438 | | other service, organization, or facility relating to the business |
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439 | 439 | | of selling or renting dwellings, or discriminate against a person |
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440 | 440 | | in the terms or conditions of access, membership, or participation |
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441 | 441 | | in such an organization, service, or facility because of race, |
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442 | 442 | | color, religion, sex, disability, familial status, [or] national |
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443 | 443 | | origin, sexual orientation, or gender identity or expression. |
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444 | 444 | | SECTION 27. Sections 301.042(a) and (c), Property Code, are |
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445 | 445 | | amended to read as follows: |
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446 | 446 | | (a) This chapter does not prohibit a religious |
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447 | 447 | | organization, association, or society or a nonprofit institution or |
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448 | 448 | | organization operated, supervised, or controlled by or in |
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449 | 449 | | conjunction with a religious organization, association, or society |
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450 | 450 | | from: |
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451 | 451 | | (1) limiting the sale, rental, or occupancy of |
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452 | 452 | | dwellings that it owns or operates for other than a commercial |
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453 | 453 | | purpose to persons of the same religion; or |
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454 | 454 | | (2) giving preference to persons of the same religion, |
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455 | 455 | | unless membership in the religion is restricted because of race, |
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456 | 456 | | color, [or] national origin, sexual orientation, or gender identity |
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457 | 457 | | or expression. |
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458 | 458 | | (c) This chapter does not prohibit a person engaged in the |
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459 | 459 | | business of furnishing appraisals of real property from considering |
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460 | 460 | | in those appraisals factors other than race, color, religion, sex, |
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461 | 461 | | disability, familial status, [or] national origin, sexual |
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462 | 462 | | orientation, or gender identity or expression. |
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463 | 463 | | SECTION 28. Section 301.068, Property Code, is amended to |
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464 | 464 | | read as follows: |
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465 | 465 | | Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to |
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466 | 466 | | Subsection (b), the [The] commission may defer proceedings under |
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467 | 467 | | this chapter and refer a complaint to a municipality that has been |
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468 | 468 | | certified by the federal Department of Housing and Urban |
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469 | 469 | | Development as a substantially equivalent fair housing agency. |
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470 | 470 | | (b) The commission may not defer proceedings and refer a |
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471 | 471 | | complaint under Subsection (a) to a municipality in which the |
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472 | 472 | | alleged discrimination occurred if: |
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473 | 473 | | (1) the complaint alleges discrimination based on |
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474 | 474 | | sexual orientation or gender identity or expression; and |
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475 | 475 | | (2) the municipality does not have laws prohibiting |
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476 | 476 | | the alleged discrimination. |
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477 | 477 | | SECTION 29. Section 301.171(a), Property Code, is amended |
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478 | 478 | | to read as follows: |
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479 | 479 | | (a) A person commits an offense if the person, without |
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480 | 480 | | regard to whether the person is acting under color of law, by force |
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481 | 481 | | or threat of force intentionally intimidates or interferes with a |
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482 | 482 | | person: |
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483 | 483 | | (1) because of the person's race, color, religion, |
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484 | 484 | | sex, disability, familial status, [or] national origin, sexual |
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485 | 485 | | orientation, or gender identity or expression and because the |
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486 | 486 | | person is or has been selling, purchasing, renting, financing, |
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487 | 487 | | occupying, or contracting or negotiating for the sale, purchase, |
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488 | 488 | | rental, financing, or occupation of any dwelling or applying for or |
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489 | 489 | | participating in a service, organization, or facility relating to |
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490 | 490 | | the business of selling or renting dwellings; or |
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491 | 491 | | (2) because the person is or has been or to intimidate |
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492 | 492 | | the person from: |
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493 | 493 | | (A) participating, without discrimination |
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494 | 494 | | because of race, color, religion, sex, disability, familial status, |
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495 | 495 | | [or] national origin, sexual orientation, or gender identity or |
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496 | 496 | | expression, in an activity, service, organization, or facility |
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497 | 497 | | described by Subdivision (1); [or] |
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498 | 498 | | (B) affording another person opportunity or |
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499 | 499 | | protection to so participate; or |
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500 | 500 | | (C) lawfully aiding or encouraging other persons |
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501 | 501 | | to participate, without discrimination because of race, color, |
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502 | 502 | | religion, sex, disability, familial status, [or] national origin, |
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503 | 503 | | sexual orientation, or gender identity or expression, in an |
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504 | 504 | | activity, service, organization, or facility described by |
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505 | 505 | | Subdivision (1). |
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506 | 506 | | SECTION 30. (a) Section 2155.0065, Government Code, as |
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507 | 507 | | added by this Act, applies only to a contract for which a state |
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508 | 508 | | agency first advertises or otherwise solicits bids, proposals, |
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509 | 509 | | offers, qualifications, or other similar expressions of interest on |
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510 | 510 | | or after the effective date of this Act. |
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511 | 511 | | (b) The changes in law made by this Act to the Labor Code |
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512 | 512 | | apply to conduct occurring on or after the effective date of this |
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513 | 513 | | Act. Conduct occurring before that date is governed by the law in |
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514 | 514 | | effect on the date the conduct occurred, and the former law is |
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515 | 515 | | continued in effect for that purpose. |
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516 | 516 | | (c) The changes in law made by this Act to the Property Code |
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517 | 517 | | apply only to a complaint filed with the Texas Workforce Commission |
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518 | 518 | | on or after the effective date of this Act. A complaint filed |
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519 | 519 | | before that date is governed by the law as it existed immediately |
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520 | 520 | | before the effective date of this Act, and that law is continued in |
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521 | 521 | | effect for that purpose. |
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522 | 522 | | SECTION 31. This Act takes effect September 1, 2025. |
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