Texas 2025 - 89th Regular

Texas House Bill HB1164 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R518 SCP-D
2	2	By: González of Dallas H.B. No. 1164
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prohibition of certain discrimination; authorizing
10	10	civil penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
13	13	amended by adding Chapter 101A to read as follows:
14	14	CHAPTER 101A. DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 101A.001. DEFINITIONS. In this chapter:
17	17	(1) "Commission" means the Texas Workforce
18	18	Commission.
19	19	(2) "Complainant" means an individual who brings an
20	20	action or proceeding under this chapter.
21	21	(3) "Discriminatory practice" means an act prohibited
22	22	by this chapter.
23	23	(4) "Executive director" means the executive director
24	24	of the commission.
25	25	(5) "Gender identity" means the gender-related
26	26	identity, appearance, or other gender-related characteristics of
27	27	an individual with or without regard to the individual's designated
28	28	sex at birth.
29	29	(6) "Military veteran" means a person who:
30	30	(A) has served in:
31	31	(i) the armed forces of the United States or
32	32	the United States Public Health Service under 42 U.S.C. Section 201
33	33	et seq.;
34	34	(ii) the state military forces, as defined
35	35	by Section 431.001, Government Code; or
36	36	(iii) an auxiliary service of a branch of
37	37	the armed forces described by Subparagraph (i) or (ii); and
38	38	(B) has been honorably discharged from the branch
39	39	of the service in which the person served.
40	40	(7) "Person" means:
41	41	(A) an individual;
42	42	(B) a corporation, partnership, association,
43	43	unincorporated organization, labor organization, mutual company,
44	44	joint-stock company, and trust; and
45	45	(C) a legal representative, a trustee, a trustee
46	46	in a case under Title 11, U.S.C., a receiver, and a fiduciary.
47	47	(8) "Public accommodation" means a business or other
48	48	entity that offers to the public any good, service, privilege,
49	49	facility, or accommodation.
50	50	(9) "Respondent" means a person charged in a complaint
51	51	filed under this chapter.
52	52	(10) "Sexual orientation" means an individual's actual
53	53	or perceived heterosexuality, bisexuality, or homosexuality.
54	54	Sec. 101A.002. RULES. The commission may adopt rules
55	55	necessary to implement this chapter.
56	56	SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
57	57	Sec. 101A.051. PUBLIC ACCOMMODATIONS. (a) A person
58	58	engages in a discriminatory practice and violates this chapter if
59	59	the person, because of the race, color, disability, religion, sex,
60	60	national origin, age, sexual orientation, or gender identity of an
61	61	individual, or because of the individual's status as a military
62	62	veteran:
63	63	(1) refuses, withholds, or denies that individual full
64	64	and equal accommodation in any place of public accommodation in
65	65	this state;
66	66	(2) publishes, circulates, issues, displays, posts,
67	67	or mails, either directly or indirectly, any communication, notice,
68	68	or advertisement to the effect that any good, service, privilege,
69	69	facility, or accommodation of a place of public accommodation in
70	70	this state will be refused, withheld, or denied; or
71	71	(3) otherwise discriminates against or segregates or
72	72	separates the individual in a place of public accommodation based
73	73	on race, color, disability, religion, sex, national origin, age,
74	74	sexual orientation, or gender identity or based on the individual's
75	75	status as a military veteran.
76	76	(b) This section does not apply to a private club, a place of
77	77	accommodation owned by or operated on behalf of a religious
78	78	corporation, association, or society that is not in fact open to the
79	79	public, or any other establishment that is not in fact open to the
80	80	public.
81	81	(c) This section does not prohibit the provision of a
82	82	special benefit, incentive, discount, or promotion through a
83	83	private or public program to assist persons who:
84	84	(1) are 50 years of age or older; or
85	85	(2) are military veterans or family members of
86	86	military veterans.
87	87	(d) This section does not supersede or interfere with any
88	88	state law or local ordinance that prohibits a person under the age
89	89	of 21 from entering a place of public accommodation.
90	90	SUBCHAPTER C. ADMINISTRATIVE ENFORCEMENT
91	91	Sec. 101A.101. FILING OF COMPLAINT; FORM AND CONTENT;
92	92	SERVICE. (a) A person claiming to be aggrieved by an alleged
93	93	discriminatory practice or the person's agent may file a complaint
94	94	with the commission.
95	95	(b) The complaint must be in writing and made under oath.
96	96	(c) The complaint must state:
97	97	(1) that a discriminatory practice has been committed;
98	98	(2) the facts on which the complaint is based,
99	99	including the date, place, and circumstances of the alleged
100	100	discriminatory practice; and
101	101	(3) facts sufficient to enable the commission to
102	102	identify the respondent.
103	103	(d) The executive director or the executive director's
104	104	designee shall serve the respondent with a copy of the perfected
105	105	complaint not later than the 10th day after the date the complaint
106	106	is filed.
107	107	(e) A complaint may be amended to cure technical defects or
108	108	omissions, including a failure to verify the complaint or to
109	109	clarify and amplify an allegation made in the complaint.
110	110	(f) An amendment to a complaint alleging additional facts
111	111	that constitute discriminatory practices relating to or arising
112	112	from the subject matter of the original complaint relates back to
113	113	the date the complaint was first received by the commission.
114	114	(g) If a perfected complaint is not received by the
115	115	commission on or before the 180th day after the date the alleged
116	116	discriminatory practice occurred, the commission shall notify the
117	117	respondent that a complaint has been filed and that the process of
118	118	perfecting the complaint is in progress.
119	119	Sec. 101A.102. STATUTE OF LIMITATIONS. (a) A complaint
120	120	under this subchapter must be filed not later than the 180th day
121	121	after the date the alleged discriminatory practice occurred.
122	122	(b) The commission shall dismiss an untimely complaint.
123	123	Sec. 101A.103. ALTERNATIVE DISPUTE RESOLUTION; OFFICE.
124	124	(a) The use of alternative means of dispute resolution, including
125	125	settlement negotiations, conciliation, facilitation, mediation,
126	126	fact-finding, minitrials, and arbitration, is encouraged to
127	127	resolve disputes arising under this chapter. The settlement of a
128	128	disputed claim under this chapter that results from the use of
129	129	traditional or alternative means of dispute resolution is binding
130	130	on the parties to the claim.
131	131	(b) The commission shall establish an office of alternative
132	132	dispute resolution. At any time after a complaint is received under
133	133	Section 101A.101, at the request of a party or at the direction of
134	134	the commission, the matter may be referred to the office of
135	135	alternative dispute resolution.
136	136	Sec. 101A.104. INVESTIGATION BY COMMISSION. (a) The
137	137	executive director or a staff member of the commission designated
138	138	by the executive director shall investigate a complaint and
139	139	determine if there is reasonable cause to believe that the
140	140	respondent engaged in a discriminatory practice as alleged in the
141	141	complaint.
142	142	(b) If the federal government has referred the complaint to
143	143	the commission or has deferred jurisdiction over the subject matter
144	144	of the complaint to the commission, the executive director or the
145	145	executive director's designee shall promptly investigate the
146	146	allegations stated in the complaint.
147	147	Sec. 101A.105. LACK OF REASONABLE CAUSE; DISMISSAL OF
148	148	COMPLAINT. (a) If after investigation the executive director or
149	149	the executive director's designee determines that reasonable cause
150	150	does not exist to believe that the respondent engaged in a
151	151	discriminatory practice as alleged in a complaint, the executive
152	152	director or the executive director's designee shall issue a written
153	153	determination, incorporating the finding that the evidence does not
154	154	support the complaint and dismissing the complaint.
155	155	(b) The executive director or the executive director's
156	156	designee shall serve a copy of the determination on the
157	157	complainant, the respondent, and other agencies as required by law.
158	158	Sec. 101A.106. DETERMINATION OF REASONABLE CAUSE; REVIEW BY
159	159	COMMISSION. (a) If after investigation the executive director or
160	160	the executive director's designee determines that there is
161	161	reasonable cause to believe that the respondent engaged in a
162	162	discriminatory practice as alleged in a complaint, the executive
163	163	director or the executive director's designee shall review with the
164	164	commission members the evidence in the record.
165	165	(b) If after the review at least two of the three commission
166	166	members determine that there is reasonable cause to believe that
167	167	the respondent engaged in a discriminatory practice, the executive
168	168	director shall:
169	169	(1) issue a written determination incorporating the
170	170	executive director's finding that the evidence supports the
171	171	complaint; and
172	172	(2) serve a copy of the determination on the
173	173	complainant, the respondent, and other agencies as required by law.
174	174	Sec. 101A.107. RESOLUTION BY INFORMAL METHODS. (a) If a
175	175	determination of reasonable cause is made under Section 101A.106,
176	176	the commission shall endeavor to eliminate the alleged
177	177	discriminatory practice by informal methods of conference,
178	178	conciliation, and persuasion.
179	179	(b) Without the written consent of the complainant and
180	180	respondent, the commission, its executive director, or its other
181	181	officers or employees may not disclose to the public information
182	182	about the efforts in a particular case to resolve an alleged
183	183	discriminatory practice by conference, conciliation, or
184	184	persuasion, regardless of whether there is a determination of
185	185	reasonable cause.
186	186	Sec. 101A.108. NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT.
187	187	If the commission dismisses a complaint filed under Section
188	188	101A.101 or does not resolve the complaint before the 181st day
189	189	after the date the complaint was filed, the commission shall inform
190	190	the complainant of the dismissal or failure to resolve the
191	191	complaint in writing by certified mail.
192	192	Sec. 101A.109. TEMPORARY INJUNCTIVE RELIEF. (a) If the
193	193	commission concludes from a preliminary investigation of a
194	194	discriminatory practice alleged in a complaint that prompt judicial
195	195	action is necessary to carry out the purpose of this chapter, the
196	196	commission shall file a petition seeking appropriate temporary
197	197	relief against the respondent pending final determination of a
198	198	proceeding under this chapter.
199	199	(b) The petition shall be filed in a district court in a
200	200	county in which:
201	201	(1) the alleged discriminatory practice that is the
202	202	subject of the complaint occurred; or
203	203	(2) the respondent resides.
204	204	(c) A court may not issue temporary injunctive relief unless
205	205	the commission shows:
206	206	(1) a substantial likelihood of success on the merits;
207	207	and
208	208	(2) irreparable harm to the complainant in the absence
209	209	of the preliminary relief pending final determination on the
210	210	merits.
211	211	Sec. 101A.110. ELECTION OF REMEDIES. A person who has
212	212	initiated a court action or who has an action pending before an
213	213	administrative agency under other law or an order or ordinance of a
214	214	political subdivision of this state based on an act that would be a
215	215	discriminatory practice under this chapter may not file a complaint
216	216	under this subchapter for the same grievance.
217	217	SUBCHAPTER D. JUDICIAL ENFORCEMENT
218	218	Sec. 101A.151. CIVIL ACTION BY COMMISSION. (a) The
219	219	commission may bring a civil action against a respondent if:
220	220	(1) the commission determines that there is reasonable
221	221	cause to believe that the respondent engaged in a discriminatory
222	222	practice;
223	223	(2) the commission's efforts to resolve the alleged
224	224	discriminatory practice to the satisfaction of the complainant and
225	225	respondent through conciliation have been unsuccessful; and
226	226	(3) a majority of the commissioners determines that
227	227	the civil action may achieve the purposes of this chapter.
228	228	(b) The complainant may intervene in a civil action brought
229	229	by the commission.
230	230	Sec. 101A.152. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL
231	231	ACTION. (a) A complainant who receives notice under Section
232	232	101A.108 that the complaint is dismissed or not resolved is
233	233	entitled to request from the commission a written notice of the
234	234	complainant's right to file a civil action.
235	235	(b) The complainant must request the notice in writing.
236	236	(c) The executive director may issue the notice.
237	237	(d) Failure to issue the notice of a complainant's right to
238	238	file a civil action does not affect the complainant's right under
239	239	this subchapter to bring a civil action against the respondent.
240	240	Sec. 101A.153. CIVIL ACTION BY COMPLAINANT. (a) Not later
241	241	than the 60th day after the date a notice of the right to file a
242	242	civil action is received, the complainant may bring a civil action
243	243	against the respondent.
244	244	(b) If the commission fails to issue notice of the
245	245	complainant's right to file a civil action before the 181st day
246	246	after the date the commission receives a written request under
247	247	Section 101A.152, the complainant may bring a civil action against
248	248	the respondent any time within the statute of limitations described
249	249	by Section 101A.155.
250	250	Sec. 101A.154. COMMISSION'S INTERVENTION IN CIVIL ACTION BY
251	251	COMPLAINANT. After receipt of a timely application, a court may
252	252	permit the commission to intervene in a civil action filed under
253	253	Section 101A.153 if:
254	254	(1) the commission certifies that the case is of
255	255	general public importance; and
256	256	(2) before commencement of the action the commission
257	257	issued a determination of reasonable cause to believe that this
258	258	chapter was violated.
259	259	Sec. 101A.155. STATUTE OF LIMITATIONS. A civil action may
260	260	not be brought under this subchapter later than the second
261	261	anniversary of the date the complaint relating to the action is
262	262	filed.
263	263	Sec. 101A.156. ASSIGNMENT TO EARLY HEARING. The court
264	264	shall set an action brought under this subchapter for hearing at the
265	265	earliest practicable date to expedite the action.
266	266	Sec. 101A.157. INJUNCTION; EQUITABLE RELIEF. On finding
267	267	that a respondent engaged in a discriminatory practice as alleged
268	268	in a complaint, a court may:
269	269	(1) prohibit by injunction the respondent from
270	270	engaging in the discriminatory practice; and
271	271	(2) order additional equitable relief as may be
272	272	appropriate.
273	273	Sec. 101A.158. COMPENSATORY AND PUNITIVE DAMAGES. (a) On
274	274	finding that a respondent engaged in a discriminatory practice as
275	275	alleged in a complaint, a court may, as provided by this section,
276	276	award:
277	277	(1) compensatory damages; and
278	278	(2) punitive damages.
279	279	(b) A complainant may recover punitive damages against a
280	280	respondent, other than a respondent that is a governmental entity,
281	281	if the complainant demonstrates that the respondent engaged in a
282	282	discriminatory practice with malice or with reckless indifference
283	283	to the state-protected rights of an aggrieved individual.
284	284	Sec. 101A.159. ATTORNEY'S FEES; COSTS. (a) In a
285	285	proceeding under this chapter, a court may allow the prevailing
286	286	party, other than the commission, a reasonable attorney's fee as
287	287	part of the costs.
288	288	(b) The state, a state agency, or a political subdivision is
289	289	liable for costs, including attorney's fees, to the same extent as a
290	290	private person.
291	291	(c) In awarding costs and attorney's fees in an action or a
292	292	proceeding under this chapter, the court, in its discretion, may
293	293	include reasonable expert fees.
294	294	Sec. 101A.160. COMPELLED COMPLIANCE. If a person fails to
295	295	comply with a court order issued under this subchapter, a party to
296	296	the action or the commission, on the written request of a person
297	297	aggrieved by the failure, may commence proceedings to compel
298	298	compliance with the order.
299	299	Sec. 101A.161. TRIAL DE NOVO. (a) A judicial proceeding
300	300	under this chapter is by trial de novo.
301	301	(b) A commission finding, recommendation, determination, or
302	302	other action is not binding on a court.
303	303	SUBCHAPTER E. ENFORCEMENT BY ATTORNEY GENERAL
304	304	Sec. 101A.201. ENFORCEMENT BY ATTORNEY GENERAL; PATTERN OR
305	305	PRACTICE CASE. (a) If the commission determines that a person is
306	306	engaged in a pattern or practice of discriminatory practices under
307	307	this chapter or that an alleged violation raises an issue of general
308	308	public importance, the commission may request the attorney general
309	309	to file a civil action in district court for appropriate relief.
310	310	(b) In an action under this section, the court may:
311	311	(1) award equitable relief and other appropriate
312	312	relief, including monetary damages, a reasonable attorney's fee,
313	313	and court costs, available under Subchapter D for an action under
314	314	that subchapter; and
315	315	(2) to vindicate the public interest, assess a civil
316	316	penalty against the respondent in the amount not to exceed the
317	317	applicable amounts prescribed by Section 301.132, Property Code,
318	318	for a pattern or practice violation under the Texas Fair Housing
319	319	Act.
320	320	SECTION 2. Section 21.002, Labor Code, is amended by adding
321	321	Subdivisions (9-a), (11-b), and (13-a) to read as follows:
322	322	(9-a) "Gender identity" means the gender-related
323	323	identity, appearance, or other gender-related characteristics of
324	324	an individual with or without regard to the individual's designated
325	325	sex at birth.
326	326	(11-b) "Military veteran" means a person who:
327	327	(A) has served in:
328	328	(i) the armed forces of the United States or
329	329	the United States Public Health Service under 42 U.S.C. Section 201
330	330	et seq.;
331	331	(ii) the state military forces, as defined
332	332	by Section 431.001, Government Code; or
333	333	(iii) an auxiliary service of a branch of
334	334	the armed forces described by Subparagraph (i) or (ii); and
335	335	(B) has been honorably discharged from the branch
336	336	of the service in which the person served.
337	337	(13-a) "Sexual orientation" means an individual's
338	338	actual or perceived heterosexuality, bisexuality, or
339	339	homosexuality.
340	340	SECTION 3. Section 21.005, Labor Code, is amended by adding
341	341	Subsection (d) to read as follows:
342	342	(d) A provision in this chapter prohibiting discrimination
343	343	on the basis of an individual's status as a military veteran does
344	344	not affect the operation or enforcement of a program under the laws
345	345	of this state or the United States that is designed to give a
346	346	preference to a military veteran in recognition of the veteran's
347	347	service to this state or the United States, including a preference
348	348	authorized under Section 302.154 or under Chapter 657, Government
349	349	Code.
350	350	SECTION 4. Section 21.051, Labor Code, is amended to read as
351	351	follows:
352	352	Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
353	353	commits an unlawful employment practice if because of race, color,
354	354	disability, religion, sex, national origin, [or] age, sexual
355	355	orientation, or gender identity, or because of the individual's
356	356	status as a military veteran, the employer:
357	357	(1) fails or refuses to hire an individual, discharges
358	358	an individual, or discriminates in any other manner against an
359	359	individual in connection with compensation or the terms,
360	360	conditions, or privileges of employment; or
361	361	(2) limits, segregates, or classifies an employee or
362	362	applicant for employment in a manner that would deprive or tend to
363	363	deprive an individual of any employment opportunity or adversely
364	364	affect in any other manner the status of an employee.
365	365	SECTION 5. Section 21.052, Labor Code, is amended to read as
366	366	follows:
367	367	Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
368	368	employment agency commits an unlawful employment practice if the
369	369	employment agency:
370	370	(1) fails or refuses to refer for employment or
371	371	discriminates in any other manner against an individual because of
372	372	race, color, disability, religion, sex, national origin, [or] age,
373	373	sexual orientation, or gender identity, or because of the
374	374	individual's status as a military veteran; or
375	375	(2) classifies or refers an individual for employment
376	376	on the basis of race, color, disability, religion, sex, national
377	377	origin, [or] age, sexual orientation, or gender identity, or
378	378	because of the individual's status as a military veteran.
379	379	SECTION 6. Section 21.053, Labor Code, is amended to read as
380	380	follows:
381	381	Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
382	382	organization commits an unlawful employment practice if because of
383	383	race, color, disability, religion, sex, national origin, [or] age,
384	384	sexual orientation, or gender identity, or because of the
385	385	individual's status as a military veteran, the labor organization:
386	386	(1) excludes or expels from membership or
387	387	discriminates in any other manner against an individual; or
388	388	(2) limits, segregates, or classifies a member or an
389	389	applicant for membership or classifies or fails or refuses to refer
390	390	for employment an individual in a manner that would:
391	391	(A) deprive or tend to deprive an individual of
392	392	any employment opportunity;
393	393	(B) limit an employment opportunity or adversely
394	394	affect in any other manner the status of an employee or of an
395	395	applicant for employment; or
396	396	(C) cause or attempt to cause an employer to
397	397	violate this subchapter.
398	398	SECTION 7. Section 21.054, Labor Code, is amended to read as
399	399	follows:
400	400	Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING
401	401	PROGRAM. [(a)] Unless a training or retraining opportunity or
402	402	program is provided under an affirmative action plan approved under
403	403	a federal law, rule, or order, an employer, labor organization, or
404	404	joint labor-management committee controlling an apprenticeship,
405	405	on-the-job training, or other training or retraining program
406	406	commits an unlawful employment practice if the employer, labor
407	407	organization, or committee discriminates against an individual
408	408	because of race, color, disability, religion, sex, national origin,
409	409	[or] age, sexual orientation, or gender identity, or because of the
410	410	individual's status as a military veteran, in admission to or
411	411	participation in the program.
412	412	SECTION 8. Section 21.059(a), Labor Code, is amended to
413	413	read as follows:
414	414	(a) An employer, labor organization, employment agency, or
415	415	joint labor-management committee controlling an apprenticeship,
416	416	on-the-job training, or other training or retraining program
417	417	commits an unlawful employment practice if the employer, labor
418	418	organization, employment agency, or committee prints or publishes
419	419	or causes to be printed or published a notice or advertisement
420	420	relating to employment that:
421	421	(1) indicates a preference, limitation,
422	422	specification, or discrimination based on race, color, disability,
423	423	religion, sex, national origin, [or] age, sexual orientation, or
424	424	gender identity, or based on an individual's status as a military
425	425	veteran; and
426	426	(2) concerns an employee's status, employment, or
427	427	admission to or membership or participation in a labor union or
428	428	training or retraining program.
429	429	SECTION 9. Section 21.102(c), Labor Code, is amended to
430	430	read as follows:
431	431	(c) This section does not apply to standards of compensation
432	432	or terms, conditions, or privileges of employment that are
433	433	discriminatory on the basis of race, color, disability, religion,
434	434	sex, national origin, [or] age, sexual orientation, or gender
435	435	identity, or on the basis of an individual's status as a military
436	436	veteran.
437	437	SECTION 10. Section 21.112, Labor Code, is amended to read
438	438	as follows:
439	439	Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
440	440	does not commit an unlawful employment practice by applying to
441	441	employees who work in different locations different standards of
442	442	compensation or different terms, conditions, or privileges of
443	443	employment that are not discriminatory on the basis of race, color,
444	444	disability, religion, sex, national origin, [or] age, sexual
445	445	orientation, or gender identity, or on the basis of an individual's
446	446	status as a military veteran.
447	447	SECTION 11. Section 21.113, Labor Code, is amended to read
448	448	as follows:
449	449	Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter
450	450	does not require a person subject to this chapter to grant
451	451	preferential treatment to an individual or a group on the basis of
452	452	race, color, disability, religion, sex, national origin, [or] age,
453	453	sexual orientation, or gender identity, or on the basis of an
454	454	individual's status as a military veteran, because of an imbalance
455	455	between:
456	456	(1) the total number or percentage of persons of that
457	457	individual's or group's race, color, disability, religion, sex,
458	458	national origin, [or] age, sexual orientation, or gender identity,
459	459	or the total number or percentage of individuals who are military
460	460	veterans:
461	461	(A) employed by an employer;
462	462	(B) referred or classified for employment by an
463	463	employment agency or labor organization;
464	464	(C) admitted to membership or classified by a
465	465	labor organization; or
466	466	(D) admitted to or employed in an apprenticeship,
467	467	on-the-job training, or other training or retraining program; and
468	468	(2) the total number or percentage of persons of that
469	469	race, color, disability, religion, sex, national origin, [or] age,
470	470	sexual orientation, or gender identity or the total number or
471	471	percentage of individuals who are military veterans in:
472	472	(A) a community, this state, a region, or other
473	473	area; or
474	474	(B) the available work force in a community, this
475	475	state, a region, or other area.
476	476	SECTION 12. Section 21.120(b), Labor Code, is amended to
477	477	read as follows:
478	478	(b) Subsection (a) does not apply to a policy adopted or
479	479	applied with the intent to discriminate because of race, color,
480	480	sex, national origin, religion, age, [or] disability, sexual
481	481	orientation, or gender identity, or because of an individual's
482	482	status as a military veteran.
483	483	SECTION 13. Section 21.122(a), Labor Code, is amended to
484	484	read as follows:
485	485	(a) An unlawful employment practice based on disparate
486	486	impact is established under this chapter only if:
487	487	(1) a complainant demonstrates that a respondent uses
488	488	a particular employment practice that causes a disparate impact on
489	489	the basis of race, color, sex, national origin, religion, [or]
490	490	disability, sexual orientation, or gender identity, or on the basis
491	491	of an individual's status as a military veteran, and the respondent
492	492	fails to demonstrate that the challenged practice is job-related
493	493	for the position in question and consistent with business
494	494	necessity; or
495	495	(2) the complainant makes the demonstration in
496	496	accordance with federal law as that law existed June 4, 1989, with
497	497	respect to the concept of alternative employment practices, and the
498	498	respondent refuses to adopt such an alternative employment
499	499	practice.
500	500	SECTION 14. Section 21.124, Labor Code, is amended to read
501	501	as follows:
502	502	Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
503	503	SCORES. (a) Except as provided by Subsection (b), it [It] is an
504	504	unlawful employment practice for a respondent, in connection with
505	505	the selection or referral of applicants for employment or
506	506	promotion, to adjust the scores of, use different cutoff scores
507	507	for, or otherwise alter the results of employment-related tests on
508	508	the basis of race, color, sex, national origin, religion, age, [or]
509	509	disability, sexual orientation, or gender identity, or on the basis
510	510	of an individual's status as a military veteran.
511	511	(b) Subsection (a) does not apply to an act described by
512	512	that subsection that is made in conjunction with a preference
513	513	program for military veterans authorized under a law of this state
514	514	or the United States.
515	515	SECTION 15. The heading to Section 21.125, Labor Code, is
516	516	amended to read as follows:
517	517	Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
518	518	CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
519	519	[OR] DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY, OR STATUS
520	520	AS MILITARY VETERAN, IN EMPLOYMENT PRACTICES.
521	521	SECTION 16. Section 21.125(a), Labor Code, is amended to
522	522	read as follows:
523	523	(a) Except as otherwise provided by this chapter, an
524	524	unlawful employment practice is established when the complainant
525	525	demonstrates that race, color, sex, national origin, religion, age,
526	526	[or] disability, sexual orientation, or gender identity, or status
527	527	as a military veteran, was a motivating factor for an employment
528	528	practice, even if other factors also motivated the practice, unless
529	529	race, color, sex, national origin, religion, age, [or] disability,
530	530	sexual orientation, or gender identity, or status as a military
531	531	veteran, is combined with objective job-related factors to attain
532	532	diversity in the employer's work force.
533	533	SECTION 17. Section 21.126, Labor Code, is amended to read
534	534	as follows:
535	535	Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
536	536	STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
537	537	employment practice for a person elected to public office in this
538	538	state or a political subdivision of this state to discriminate
539	539	because of race, color, sex, national origin, religion, age, [or]
540	540	disability, sexual orientation, or gender identity, or because of
541	541	the individual's status as a military veteran, against an
542	542	individual who is an employee or applicant for employment to:
543	543	(1) serve on the elected official's personal staff;
544	544	(2) serve the elected official on a policy-making
545	545	level; or
546	546	(3) serve the elected official as an immediate advisor
547	547	with respect to the exercise of the constitutional or legal powers
548	548	of the office.
549	549	SECTION 18. Section 21.152(a), Labor Code, is amended to
550	550	read as follows:
551	551	(a) A political subdivision or two or more political
552	552	subdivisions acting jointly may create a local commission to:
553	553	(1) promote the purposes of this chapter; and
554	554	(2) secure for all individuals in the jurisdiction of
555	555	each political subdivision freedom from discrimination because of
556	556	race, color, disability, religion, sex, national origin, [or] age,
557	557	sexual orientation, or gender identity, or because of an
558	558	individual's status as a military veteran.
559	559	SECTION 19. Section 21.155(a), Labor Code, is amended to
560	560	read as follows:
561	561	(a) The commission [Commission on Human Rights] shall refer
562	562	a complaint concerning discrimination in employment because of
563	563	race, color, disability, religion, sex, national origin, [or] age,
564	564	sexual orientation, or gender identity, or because of status as a
565	565	military veteran, that is filed with that commission to a local
566	566	commission with the necessary investigatory and conciliatory
567	567	powers if:
568	568	(1) the complaint has been referred to the commission
569	569	[Commission on Human Rights] by the federal government; or
570	570	(2) jurisdiction over the subject matter of the
571	571	complaint has been deferred to the commission [Commission on Human
572	572	Rights] by the federal government.
573	573	SECTION 20. Section 301.003, Property Code, is amended by
574	574	amending Subdivision (6) and adding Subdivisions (9-a), (9-b), and
575	575	(10-a) to read as follows:
576	576	(6) "Disability" means a mental or physical impairment
577	577	that substantially limits at least one major life activity, a
578	578	record of the impairment, or being regarded as having the
579	579	impairment. The term does not include current illegal use of or
580	580	addiction to any drug or illegal or federally controlled substance
581	581	[and does not apply to an individual because of an individual's
582	582	sexual orientation or because that individual is a transvestite].
583	583	(9-a) "Gender identity" means the gender-related
584	584	identity, appearance, or other gender-related characteristics of
585	585	an individual with or without regard to the individual's designated
586	586	sex at birth.
587	587	(9-b) "Military veteran" means a person who:
588	588	(A) has served in:
589	589	(i) the armed forces of the United States or
590	590	the United States Public Health Service under 42 U.S.C. Section 201
591	591	et seq.;
592	592	(ii) the state military forces, as defined
593	593	by Section 431.001, Government Code; or
594	594	(iii) an auxiliary service of a branch of
595	595	the armed forces described by Subparagraph (i) or (ii); and
596	596	(B) has been honorably discharged from the branch
597	597	of the service in which the person served.
598	598	(10-a) "Sexual orientation" means an individual's
599	599	actual or perceived heterosexuality, bisexuality, or
600	600	homosexuality.
601	601	SECTION 21. Sections 301.021(a) and (b), Property Code, are
602	602	amended to read as follows:
603	603	(a) A person may not refuse to sell or rent, after the making
604	604	of a bona fide offer, refuse to negotiate for the sale or rental of,
605	605	or in any other manner make unavailable or deny a dwelling to
606	606	another because of race, color, religion, sex, familial status,
607	607	[or] national origin, sexual orientation, or gender identity, or
608	608	because of status as a military veteran.
609	609	(b) A person may not discriminate against another in the
610	610	terms, conditions, or privileges of sale or rental of a dwelling or
611	611	in providing services or facilities in connection with a sale or
612	612	rental of a dwelling because of race, color, religion, sex,
613	613	familial status, [or] national origin, sexual orientation, or
614	614	gender identity, or because of status as a military veteran.
615	615	SECTION 22. Section 301.022, Property Code, is amended to
616	616	read as follows:
617	617	Sec. 301.022. PUBLICATION. A person may not make, print, or
618	618	publish or effect the making, printing, or publishing of a notice,
619	619	statement, or advertisement that is about the sale or rental of a
620	620	dwelling and that indicates any preference, limitation, or
621	621	discrimination or the intention to make a preference, limitation,
622	622	or discrimination because of race, color, religion, sex,
623	623	disability, familial status, [or] national origin, sexual
624	624	orientation, or gender identity, or because of status as a military
625	625	veteran.
626	626	SECTION 23. Section 301.023, Property Code, is amended to
627	627	read as follows:
628	628	Sec. 301.023. INSPECTION. A person may not represent to
629	629	another because of race, color, religion, sex, disability, familial
630	630	status, [or] national origin, sexual orientation, or gender
631	631	identity, or because of status as a military veteran, that a
632	632	dwelling is not available for inspection for sale or rental when the
633	633	dwelling is available for inspection.
634	634	SECTION 24. Section 301.024, Property Code, is amended to
635	635	read as follows:
636	636	Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
637	637	for profit, induce or attempt to induce another to sell or rent a
638	638	dwelling by representations regarding the entry or prospective
639	639	entry into a neighborhood of a person of a particular race, color,
640	640	religion, sex, disability, familial status, [or] national origin,
641	641	sexual orientation, or gender identity or with the status of a
642	642	military veteran.
643	643	SECTION 25. Section 301.026(a), Property Code, is amended
644	644	to read as follows:
645	645	(a) A person whose business includes engaging in
646	646	residential real estate related transactions may not discriminate
647	647	against another in making a real estate related transaction
648	648	available or in the terms or conditions of a real estate related
649	649	transaction because of race, color, religion, sex, disability,
650	650	familial status, [or] national origin, sexual orientation, or
651	651	gender identity, or because of status as a military veteran.
652	652	SECTION 26. Section 301.027, Property Code, is amended to
653	653	read as follows:
654	654	Sec. 301.027. BROKERAGE SERVICES. A person may not deny
655	655	another access to, or membership or participation in, a
656	656	multiple-listing service, real estate brokers' organization, or
657	657	other service, organization, or facility relating to the business
658	658	of selling or renting dwellings, or discriminate against a person
659	659	in the terms or conditions of access, membership, or participation
660	660	in such an organization, service, or facility because of race,
661	661	color, religion, sex, disability, familial status, [or] national
662	662	origin, sexual orientation, or gender identity, or because of
663	663	status as a military veteran.
664	664	SECTION 27. Sections 301.042(a) and (c), Property Code, are
665	665	amended to read as follows:
666	666	(a) This chapter does not prohibit a religious
667	667	organization, association, or society or a nonprofit institution or
668	668	organization operated, supervised, or controlled by or in
669	669	conjunction with a religious organization, association, or society
670	670	from:
671	671	(1) limiting the sale, rental, or occupancy of
672	672	dwellings that it owns or operates for other than a commercial
673	673	purpose to persons of the same religion; or
674	674	(2) giving preference to persons of the same religion,
675	675	unless membership in the religion is restricted because of race,
676	676	color, [or] national origin, sexual orientation, or gender
677	677	identity, or because of status as a military veteran.
678	678	(c) This chapter does not prohibit a person engaged in the
679	679	business of furnishing appraisals of real property from considering
680	680	in those appraisals factors other than race, color, religion, sex,
681	681	disability, familial status, [or] national origin, sexual
682	682	orientation, or gender identity, or status as a military veteran.
683	683	SECTION 28. Section 301.068, Property Code, is amended to
684	684	read as follows:
685	685	Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
686	686	Subsection (b), the [The] commission may defer proceedings under
687	687	this chapter and refer a complaint to a municipality that has been
688	688	certified by the federal Department of Housing and Urban
689	689	Development as a substantially equivalent fair housing agency.
690	690	(b) The commission may not defer proceedings and refer a
691	691	complaint under Subsection (a) to a municipality in which the
692	692	alleged discrimination occurred if:
693	693	(1) the complaint alleges discrimination based on
694	694	sexual orientation or gender identity or based on status as a
695	695	military veteran; and
696	696	(2) the municipality does not have laws prohibiting
697	697	the alleged discrimination.
698	698	SECTION 29. Section 301.171(a), Property Code, is amended
699	699	to read as follows:
700	700	(a) A person commits an offense if the person, without
701	701	regard to whether the person is acting under color of law, by force
702	702	or threat of force intentionally intimidates or interferes with a
703	703	person:
704	704	(1) because of the person's race, color, religion,
705	705	sex, disability, familial status, [or] national origin, sexual
706	706	orientation, or gender identity, or because of the person's status
707	707	as a military veteran and because the person is or has been selling,
708	708	purchasing, renting, financing, occupying, or contracting or
709	709	negotiating for the sale, purchase, rental, financing, or
710	710	occupation of any dwelling or applying for or participating in a
711	711	service, organization, or facility relating to the business of
712	712	selling or renting dwellings; or
713	713	(2) because the person is or has been or to intimidate
714	714	the person from:
715	715	(A) participating, without discrimination
716	716	because of race, color, religion, sex, disability, familial status,
717	717	[or] national origin, sexual orientation, or gender identity, or
718	718	because of status as a military veteran, in an activity, service,
719	719	organization, or facility described by Subdivision (1); [or]
720	720	(B) affording another person opportunity or
721	721	protection to so participate; or
722	722	(C) lawfully aiding or encouraging other persons
723	723	to participate, without discrimination because of race, color,
724	724	religion, sex, disability, familial status, [or] national origin,
725	725	sexual orientation, or gender identity, or because of status as a
726	726	military veteran, in an activity, service, organization, or
727	727	facility described by Subdivision (1).
728	728	SECTION 30. (a) The changes in law made by this Act to the
729	729	Business & Commerce Code and the Labor Code apply to conduct
730	730	occurring on or after the effective date of this Act. Conduct
731	731	occurring before that date is governed by the law in effect on the
732	732	date the conduct occurred, and the former law is continued in effect
733	733	for that purpose.
734	734	(b) The changes in law made by this Act to the Property Code
735	735	apply only to a complaint filed with the Texas Workforce Commission
736	736	on or after the effective date of this Act. A complaint filed
737	737	before that date is governed by the law as it existed immediately
738	738	before the effective date of this Act, and that law is continued in
739	739	effect for that purpose.
740	740	SECTION 31. This Act takes effect September 1, 2025.